JURISDICTION OF CIVIL COURT

 

[LL.B] PAST PAPERS QUESTIONS:

Q. No.1:  Civil Court have jurisdiction to try all suits of civil nature unless the jurisdiction is barred. What are the objections to jurisdiction can be taken?

 (Or)  The procedure provided by C.P.C applies to civil Court of Civil Nature? Comment.

                                                                      (2001-A, 2002-A, 2003-S, 2004-A, 2006-S, 2010-A)

[PCS JUDICIAL] PAST PAPERS QUESTIONS:

Q.No.1What is meant by suits of a civil nature? Give a couple of examples of suits, which cannot be deemed to be suits of civil nature?     (2000)

Q.No.2   (A) Courts have jurisdiction to try all suits of a civil nature. Is there any exception? 

(B) what are the suits of civil nature? Illustrate.(2009)

 

Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. In this context, Section 9 of CPC deals with the jurisdiction of civil courts in Pakistan. It says that 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.

RELEVANT PROVISIONS

Section 9 of C.P.C 1908

GENERAL PRINCIPAL AND ITS EXCEPTION: U/SEC: 9

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.

EXPOSITION OF THE PRINCIPAL:

A civil court has jurisdiction to try a suit if two conditions are fulfilled:

1. The suit must be of a civil nature; and
2. The cognizance of such a suit should not have been expressly or impliedly barred.

 

1. SUIT OF CIVIL NATURE”
   The first condition which must be satisfied is that the suit must be of a civil nature. The word ‘civil’ has not been defined in the code.Thus, a suit is of a civil nature if the principal question therein relates to the determination of a civil right and enforcement thereof.

PLD 1975 SC 625   “Any proceedings which involves the assertion of enforcement of a civil right in a civil proceedings.”

 

The expression “suit of a civil nature” will cover private rights and obligations of a citizen.

 

1. COGNIZANCE OF A SUIT SHOULD NOT HAVE BEEN EXPRESSLY OR IMPLIEDLY BARRED.

As stated above, a litigant having a grievance of a civil nature has a right to institute a civil suit unless its cognizance is barred, either expressly or impliedly.

 

Suits expressly barred- A suit is said to be ‘expressly barred’ when it is barred by any enactment for the time being in force. It is open to a competent legislature to bar jurisdiction of civil courts with respect to a particular class of suits of a civil nature, but every presumption should be made in favor of the jurisdiction of a civil court and the provision of exclusion of jurisdiction of a court must be strictly construed.

For example;

 

• Section 11 and 12 C.P.C-doctrine of res-judicata expressly barred the proceeding; which shall twice vexed a man for the same cause of action.
• Section 12(1) C.P.C- expressly barred the suit where plaintiff is precluded by the rules in the first schedule from instituting a further suit in respect of any particular cause of action.
• Order 2, Rule 2- expressly barred the suit where the plaintiff entitled to cause of action and relinquish any portion of the claim.
• Section 12(2) C.P.C- expressly barred a suit where person challenges the decree or order on the plea of fraud, misrepresentation or want of jurisdiction. (the person shall seek remedy by making an application and not by a separate suit.)

 

Thus, matters falling within the exclusive jurisdiction of revenue courts or under the code of criminal procedure or matters dealt with by special tribunals under the relevant statutes, e.g. by industrial tribunal, income tax tribunal, revenue tribunal, rent tribunal, cooperative tribunal and etc…are expressly barred from the cognizance of a civil court, but if the remedy provided by a statute is not adequate and all questions cannot be decided by a special tribunal, the jurisdiction of a civil court is not barred. Similarly, when a court of limited jurisdiction prima facie and incidentally states something, the jurisdiction of a civil court to finally decide the time is not ousted.

 

Suits impliedly barred- A suit is said to be impliedly barred when it is barred by general principles of law.

Where a specific remedy is given by a statute, it thereby deprives the person who insists upon a remedy of any other form than that given by the statute. Where an act creates an obligation and enforces its performance in a specified manner, that performance cannot be enforced in any other manner.

Similarly, certain suits, though of a civil nature, are barred from thee cognizance of a civil court on the ground of public policy. “The principle underlying is that a court ought not to countenance matters which are injurious to and against the public weal.” Thus, no suit shall lie for recovery of costs incurred in criminal prosecution(or)for enforcement of a right upon a contract hit by section 23 of the Indian Contract Act, 1872;(or) against any judge for acts done in the course of his duties.

 

>>>>>>>>>>>>>>