Whether the Civil Court has jurisdiction to try all type of cases of civil nature? How to draft the application under section 9 of CPC ?
Section 9 of The Code of Civil Procedure, 1908. Under the Code of Civil Procedure 1908, a Civil Court has jurisdiction to try all suits of a Civil nature unless they are barred. Section 9 of the Code of Civil Procedure, 1908 reads as under:- “ 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. 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 question as to religious rites or ceremonies. Explanation II – 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.” Commentary on Section 9 A Civil Court has jurisdiction to try a suit only if the following two c