Tuesday, 5 January 2021

Courts to try all civil suits unless barred

 Code of Civil Procedure Section 9. Courts to try all civil suits unless barred.

PART I: SUITS IN GENERAL: JURISDICTION OF THE COURTS AND Res Judicata

9. Courts to try all civil suits unless barred.—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.

1[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

2[Explanation I].—For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.]

Note 1: For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.

Note 2: Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).


Code of Civil Procedure Section 

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