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 

Presidency Small Cause Courts

Code of Civil Procedure Section 7. Provincial Small Cause Courts.

8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76,¹[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay : ²[Provided that—

(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may from time to time, by notification in the Official Gazette, direct3 that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), and with such modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court.

(2) All rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]

Note 1: Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).

Note 2: Added by Act 1 of 1914, s. 2.

Code of Civil Procedure Section 

Provincial Small Cause Courts

Code of Civil Procedure Section 6. Pecuniary jurisdiction.

7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) ¹[or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes ²[under the said Act or Law], ³[or to Courts in ⁴[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say.—

(a) so much of the body of the Code as relates to—

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

Note 1: Ins. by Act 4 of 1941, s. 2 and the Third Schedule.

Note 2: Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”.

Note 3: Ins. by Act 2 of 1951, s. 5.

Note 4: Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

(b) the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95 ⁵[so far as they authorise or relate to]—

(i) orders for the attachment of immovable property,

(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.

Note 5: Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injections and interlocutory orders”.

Note: Code of Civil Procedure Section 

Section 6 Pecuniary jurisdiction

Code of Civil Procedure Section 5. Application of the Code to Revenue Courts.

6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

Note: Code of Civil Procedure 

Jurisdiction of courts and venue of suits

Jurisdiction means the authority by which a court has to decide matters that are brought before it for adjudication. The limit of this authority is imposed by charter, statute or commission. If no such limit is imposed or defined that the jurisdiction is said to be unlimited.

Limitation of jurisdiction of civil court is basically four kinds:

[1] Jurisdiction over the subject matter- to try certain matters by certain court is limited by statute (Ex. Small cause court- suit for money due under promissory note or a suit for price of work done)

[2] Place of suing or territorial jurisdiction – A territorial limit of jurisdiction for each court is fixed by Government.

[3] Jurisdiction over persons – All person of whatever nationality are subject to the jurisdiction of the country except foreign state.

[4] Pecuniary jurisdiction depending on pecuniary value of suit –There is no pecuniary jurisdiction of high court and district court.

Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate jurisdiction

Criminal and appellate jurisdiction- Supreme Court, High Courts and District courts have both original and appellate jurisdiction in various matter.

Application of CPC to Revenue Courts

Code of Civil Procedure: Section 4. Savings.

5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government ¹*** may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government ²* * * may prescribe.

Note 1: The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I.

Note 2: The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule., Pt. I, ibid.

(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.

Note: Code of Civil Procedure

Section 4. Savings

Section 3. Subordination of Courts.

4. Savings.—(1) In the absence of any specific provision to the Contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.

Note: Code of Civil Procedure

Subordination of Courts

Section 2. Definitions.

3. Subordination of Courts.— For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

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