Practice free →
HomeCS ExecutivejurisprudenceCivil Procedure Code 1908 › Section 9 of the Civil Procedure Code, 1908 esta…

Section 9 of the Civil Procedure Code, 1908 establishes which fundamental principle of civil jurisdiction?

Answer & Solution
Correct answer: C.
1. **Section 9 of the Civil Procedure Code, 1908** states: '**The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred.**' 2. So civil courts have a **general residuary jurisdiction** over all civil disputes — the exception requires an express or implied bar. 3. **Expressly barred** = a legislation expressly says so. **Impliedly barred** = a statute creates a new right or liability and prescribes a particular tribunal for its assertion (the ordinary Civil Court loses jurisdiction). 4. Explanation appended to Section 9: a suit in which the right to property or to an office is contested is a suit of civil nature, notwithstanding that such right may depend entirely on the decision on questions as to religious rites or ceremonies. _Source: ICSI CS Executive — Lesson 8, 'Courts to try all civil suits unless barred', p. 178._
Solve this in the app — CS Executive practice & 24k+ MCQs →
Related questions