Introduction

Section 9 of the Code of Civil Procedure (CPC), 1908, is a fundamental provision that deals with the jurisdiction of civil courts in India. It delineates the conditions under which a civil court can entertain and adjudicate suits. Understanding Section 9 is crucial for grasping the scope of civil litigation in India.

Civil Nature of Suits

A suit is considered to be of a civil nature if the principal question involves the determination of a civil right. Civil rights pertain to private rights and liabilities, excluding political, social, and religious questions.

Section 9 CPC: Jurisdiction of Civil Courts

Conditions for Jurisdiction

A civil court has jurisdiction to try all suits unless:

1. The suit must be of a civil nature.
2. The cognizance of such a suit should not be expressly or impliedly barred.

Presumption of Jurisdiction

When a suit is filed, the court presumes it has jurisdiction to try the suit. If any party objects to the court’s jurisdiction, the burden of proof lies on the party raising the objection. Jurisdictional issues can arise from lack of territorial, subject matter, or pecuniary jurisdiction.

Withdrawal, Transfer, and Return of Suits

Certain provisions in the CPC address the withdrawal of suits (Order 23), transfer of suits (Order 24), and return of plaints (Order 7, Rule 10).

Purpose of Section 9 CPC

Section 9 is declaratory and does not confer power upon civil courts. Its primary purpose is to declare that civil courts are duty-bound to try suits of a civil nature unless expressly or impliedly barred. It also affirms the inherent right of individuals to file civil suits unless barred.

Restrictions on Civil Courts

Section 9 also imposes restrictions on the civil court’s ability to try suits. Examples include:

• Order 2, Rule 2: Bars splitting of claims.
• Section 10: Stays the suit when the matter is already pending in another court.
• Section 11: Res judicata, preventing re-litigation of the same issue.
• Order 9, Rule 9: Dismissal of suits due to non-appearance of parties.

Notable Case Law

RSTC & Anr vs. Bal Mukund Bairwa (2009 SC)

The Supreme Court held that the law does not confer the right to sue; every individual inherently possesses this right if their civil right is violated. Section 9 does not confer jurisdiction on civil courts; it declares that courts have jurisdiction to try all suits of a civil nature.

State of Andhra Pradesh vs. Majeti Laxmikanth Rao (2000)

The Supreme Court established two criteria for excluding civil court jurisdiction:

1. The legislature can exclude jurisdiction on reasonable grounds.
2. If jurisdiction is excluded, there must be an alternative remedy available.

Section 9 CPC: The Gateway of CPC

Section 9 is often referred to as the “gateway of CPC,” based on the maxim ubi jus ibi remedium (“where there is a right, there is a remedy”). It underscores the necessity for a procedural mechanism to obtain remedies provided by substantive laws.

Suits of Civil Nature

Examples of Civil Nature Suits

• Suits related to the right to property.
• Suits relating to the right to worship.
• Suits for rent.
• Suits for specific relief.

Examples of Non-Civil Nature Suits

• Suits involving caste questions.
• Suits involving purely religious rites or ceremonies.
• Suits for upholding mere dignity or honor.
• Suits for recovery of voluntary payments or offerings.

Explanation I of Section 9

If a suit involves legal issues intertwined with non-legal issues (religious, social, political), it will be considered a suit of civil nature if the determination of legal issues depends on these non-legal issues.

Case Examples

• Sabarimala Case (Indian Young Lawyers Association vs. State of Kerala, 2013): Legal issues related to constitutional rights (Articles 14, 19(1)(a), 21, 25) depended on religious rights, making it a civil suit.
• Ayodhya Case: Involved legal issues related to property rights intertwined with religious beliefs.

Explanation II of Section 9

Explanation II clarifies that a suit concerning an office, even without salary or place, is of civil nature if it involves any civil legal right.

Example

• Right to worship in a temple is linked to Article 25 of the Constitution, making it a civil suit.

Express or Implied Bar

Section 9’s jurisdiction can be barred by other laws, either expressly or impliedly. This relates to bars provided by statutes other than the CPC.

Conclusion

Section 9 of the CPC is pivotal in delineating the jurisdiction of civil courts. It ensures that civil courts are obligated to entertain suits of a civil nature unless explicitly barred. This provision affirms the inherent right of individuals to seek judicial redress for violations of their civil rights. Understanding Section 9 is essential for comprehending the framework of civil litigation and the scope of judicial intervention in India.

References

1. Code of Civil Procedure, 1908
2. RSTC & Anr vs. Bal Mukund Bairwa, 2009 SC
3. State of Andhra Pradesh vs. Majeti Laxmikanth Rao, 2000 SC
4. Indian Young Lawyers Association vs. State of Kerala, 2013 (Sabarimala Case)
5. Lata Singh vs. State of UP, 2006 SC
6. Relevant provisions and rules under the CPC