Civil Suits: With reference to Section 9 of C.P.C.

1. Introduction

The Code of Civil Procedure, 1908 (CPC), governs the procedure for civil litigation in India. Section 9 lays down the fundamental principle of civil court jurisdiction, stating that civil courts have the authority to try all suits of a civil nature unless their jurisdiction is expressly or impliedly barred by law. This section plays a crucial role in ensuring access to justice for individuals seeking redressal for civil wrongs. 

2. Explanation of Section 9

Section 9 of CPC states:
“The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.”

This means: 

- Civil courts have inherent jurisdiction to entertain cases related to civil rights. 

- The only exception to this rule is if the jurisdiction is barred by any statute. 

This section establishes the jurisdiction of civil courts and provides the following key points:

1. **Jurisdiction of Civil Courts:** Civil courts have inherent jurisdiction over all civil matters.

2. **Suits of a Civil Nature:** A case is considered of civil nature if it involves private rights.

3. **Express and Implied Bar on Jurisdiction:** A statute may expressly or impliedly bar jurisdiction.

3. What is a Suit of a Civil Nature?

A suit of a civil nature refers to cases where the primary issue is about private rights and obligations rather than criminal, political, or administrative matters. 

Examples of suits of civil nature: 

- Property disputes 

- Contract disputes 

- Family matters (divorce, maintenance, succession) 

- Tort claims (defamation, negligence, trespass) 

- Commercial disputes 

Non-civil matters (not covered under Section 9): 

- Criminal cases 

- Taxation matters 

- Military service disputes 

- Political rights disputes (e.g., election petitions) 

Case Law: 

- Anandi v. Pandurang (1905): A priest’s right to perform religious ceremonies is not a civil dispute. 

- Ramesh Chand Ardawatiya v. Anil Panjwani (2003): Civil courts can entertain cases unless clearly excluded by law. 

4. Express and Implied Bar on Civil Jurisdiction

Jurisdiction of civil courts may be barred in the following ways:

**Express Bar:**
    - A. Express Bar (Statutory Exclusion) 

- When a law explicitly says that civil courts cannot hear a specific type of case. 

- Example: 

  - Industrial Disputes Act, 1947 → Labor disputes are handled by Labour Tribunals, not civil courts. 

  - Income Tax Act, 1961 → Tax-related disputes are handled by tax tribunals, not civil courts.

Case Law: 

- S.P. Sampath Kumar v. Union of India (1987): If a law provides an alternative remedy, civil courts may be barred. 

**Implied Bar:** 

- If a law creates a special tribunal, it implies that civil courts are excluded. 

- Example: 

  - Election disputes under the Representation of People Act, 1951 are handled by Election Tribunals. 

  - Consumer disputes are handled by the Consumer Commission (NCDRC, SCDRC, DCDRC). 

 Case Law:  

- Dhulabhai v. State of M.P. (1968): Laid down principles for determining implied exclusion of civil courts. 

5. Important Case Laws on Section 9 CPC

Several Supreme Court and High Court judgments have clarified Section 9: 

1. Dhulabhai v. State of M.P. (1968) 

- Established that civil courts' jurisdiction is not barred unless explicitly excluded. 

- If the law provides an adequate remedy, civil jurisdiction may be excluded. 

2. State of A.P. v. Manjeti Laxmi Kantha Rao (2000) 

- Reiterated that civil courts can hear cases unless specifically barred by law. 

3. Ramesh Chand Ardawatiya v. Anil Panjwani (2003) 

- A civil suit cannot be rejected merely because no express provision allows it. 

4. Krishna Kumar v. Union of India (1990) 

- Held that civil courts cannot interfere when a special tribunal exists. 

6. Exceptions: When Civil Courts Can Intervene 

Even if a special tribunal exists, civil courts can still intervene in the following cases: 

1. Ultra Vires Actions: 

   - If a tribunal acts beyond its powers, civil courts can review the matter. 

2. Violation of Fundamental Rights: 

   - If a tribunal decision violates constitutional rights, civil courts can intervene. 

3. Lack of Natural Justice: 

   - If a tribunal fails to follow due process, civil courts can step in. 

4. Fraud or Misuse of Power: 

   - If a tribunal’s decision is based on fraud, bias, or corruption, civil courts can interfere. 

Case Law: 

- Secretary of State v. Mask & Co. (1940): Civil courts can intervene in cases of fraud and lack of jurisdiction. 

7. Tests to Determine Whether a Suit is of Civil Nature 

To check whether a case is civil or not, courts follow a four-step test: 

### Step 1: Identify the Subject Matter 

- If the dispute concerns private rights (e.g., property, contracts, inheritance) → Civil suit. 

- If it concerns government action, taxation, elections → Not a civil suit. 

### Step 2: Determine the Rights Involved 

- If the case relates to legal rights (ownership, contractual obligations, compensation claims) → Civil suit. 

- If it concerns government policy, criminal offenses, public rights → Not a civil suit. 

### Step 3: Check for Special Tribunals 

- If a special tribunal exists (e.g., tax tribunals, labor courts), civil courts may not have jurisdiction. 

### Step 4: Refer to Case Laws 

- Courts refer to previous judgments to decide if a case is civil or not. 

Example: 

- Election dispute → Not a civil case (handled by Election Tribunals). 

- Right to property → Civil case (handled by civil courts). 

8. Importance of Section 9 CPC 

✅ Guarantees Access to Justice: Ensures that people can approach courts for civil matters. 

✅ Prevents Unnecessary Litigation: Bars civil courts from hearing matters better suited for tribunals. 

✅ Balances Civil & Special Laws: Defines the relationship between civil courts and tribunals. 

### Criticism of Section 9 CPC 

❌ Leads to Ambiguity: Many cases fall into a gray area where it is unclear if civil courts have jurisdiction. 

❌ Multiple Legal Forums: Special laws create tribunals, leading to confusion over jurisdiction. 

❌ Delays in Civil Suits: Civil courts often get overburdened, affecting speedy justice. 

9. Conclusion

Section 9 CPC is the foundation of civil court jurisdiction. It upholds the principle that civil courts can hear all suits unless barred. However, barring civil jurisdiction should be clear and justified, ensuring that justice is accessible. The balance between specialized tribunals and civil courts is necessary for an effective judicial system.

In summary: 

- All civil cases can be heard by civil courts unless explicitly excluded.  

- Special tribunals exist for specific disputes, but their powers are limited. 

- Civil courts can still intervene if there is fraud, bias, or denial of justice.