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When may a suit be expressly or impliedly barred from civil court jurisdiction under Section 9 of the CPC?
Answer & Solution
Correct answer: D.
1. Under **Section 9 of the CPC**, civil courts have jurisdiction to try all suits of a civil nature **except those of which their cognisance is either expressly or impliedly barred**.
2. **EXPRESSLY BARRED**: 'A suit is expressly barred if a legislation expressly says so.'
3. **IMPLIEDLY BARRED**: 'A suit is impliedly barred if a statute creates a new right or liability and prescribes a particular tribunal or forum for its assertion. When a right is created by a statute and a special tribunal or forum is provided for its assertion and enforcement, the ordinary Civil Court would have no jurisdiction to entertain such disputes.'
4. So implied bar arises from the statutory creation of an alternative forum coupled with the new right.
_Source: ICSI CS Executive — Lesson 8, 'Courts to try all civil suits unless barred — Section 9', p. 178._
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