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CPC 1908 — Section 9: Courts to try all civil suits unless barred

CPC, 1908 · Part I · Jurisdiction of the Courts

Courts to try all civil suits unless barred

The foundation stone of civil jurisdiction — every civil dispute may come to a civil court, unless a law shuts the door.

§ 9

How to read Section 9

What it is about

It is the grant of jurisdiction to civil courts. The default is wide open: a civil court can try every suit of a civil nature.

The rule (positive)

“shall … have jurisdiction to try all suits of a civil nature.” The duty is to hear — not to turn litigants away.

The only exit

Jurisdiction is lost only if cognizance is expressly or impliedly barred — and ouster is never presumed.

The bare Act

Section 9 · verbatim

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 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.]

1. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).

2. Ins. by s. 5, ibid., (w.e.f. 1-2-1977).

In short: every civil court has jurisdiction over all suits of a civil nature — unless that cognizance is barred, expressly or by necessary implication. Explanation I: a suit over a right to property or to an office is civil even though it may turn on a question of religious rites. Explanation II: it is immaterial whether the office carries fees or is attached to a particular place.

→ The presumption is in favour of jurisdiction; the bar (express or implied) is the exception and is never lightly inferred.

Amendment timeline

1908
As enacted. The section carried a single, unnumbered Explanation (the present Explanation I).
1976
Act 104 of 1976 (s. 5, w.e.f. 1-2-1977) renumbered the old Explanation as Explanation I1 and inserted Explanation II2 (fees / place immaterial).

State amendment — Maharashtra

Maharashtra had inserted § 9A (jurisdiction to be tried first, as a preliminary issue). It was deleted in 2018; the following transitional rules govern matters already pending.

Vide Maharashtra Act 61 of 2018, s. 2

§ 9A is deleted

Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), shall be deleted.

Vide Maharashtra Act 61 of 2018, s. 3

Transitional savings

Notwithstanding the deletion of section 9A of the principal Act,—

(1)where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other issues, at the time of final disposal of the suit itself:Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues in the suit, at the time of final disposal of the suit itself;
(2)in all the cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall stand abated:Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as if it had been included in such memorandum;
(3)in all cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has not been deleted:Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision, remands the matter to the trial Court for reconsideration of the preliminary issue so framed under section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act shall apply;
(4)in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an order is made, either confirm or vacate or modify such order.
Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018)

Clause (1) afterwards substituted

In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the following clause shall be substituted and shall be deemed to have been substituted with effect from 27th June 2018, being the date of commencement of the said Act, namely:—

“(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court under section 9A, as if the said section 9A has not been deleted;”.

Phrase by phrase — rule & Explanations, pictured

Tap a part: each opens its own diagram + full dissection.





The door: open for all civil suits, shut only by a bar

✓Suit of a civil natureproperty · money · office · contract · marriageDoor open — the civil court tries it
×Cognizance barredexpressly or impliedlyDoor shut — the only exit
GrantThe Courts shall … have jurisdiction to try all suits of a civil natureThe positive default — civil courts can try every civil suit. “Shall” makes it a duty to hear.Enacting (positive)
Subject to(subject to the provisions herein contained)The grant yields to the rest of the Code — place of suing, pecuniary limits, etc.Qualification
Subject-matterall suits of a civil natureThe dispute must concern private civil rights — property, money, office, contract, marriage. Not purely religious, political or criminal.Scope
Exceptionexcepting suits of which their cognizance is either expressly or impliedly barredThe only exit — a suit barred expressly (a statute says so) or impliedly (a special law with its own complete remedy).Exception (the bar)

A right to property / office stays civil — even if it turns on religion

Right to property or office contested
+
decision turns on religious rites / ceremonies
=
✓Still a CIVIL suit
RuleA suit in which the right to property or to an office is contested is a suit of a civil natureA contest over a right to property or an office is, by itself, civil in nature.Deeming (civil)
Even ifnotwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremoniesEven if deciding the right turns wholly on religious rites or ceremonies, the suit stays civil — the civil court can still try it (the religious question is decided only as a step).Clarification

Fees or a fixed place? Immaterial

Fees attached to the office? immaterial
Office tied to a particular place? immaterial
→
✓A dispute over the office is still civil
ScopeFor the purposes of this section, it is immaterialClears up two doubts about the “office” in Explanation I.Interpretation
Factor 1whether or not any fees are attached to the office referred to in Explanation IIt does not matter if the office carries fees / emoluments or not.Fees immaterial
Factor 2or whether or not such office is attached to a particular placeNor whether the office is tied to a particular place. Either way, a suit about it is civil.Place immaterial

“Suit of a civil nature” — in or out?

✓ Civil in nature (court can try)

  • Suits for property, possession, partition
  • Suits for money / debt / damages
  • Suits on a contract
  • Right to an office (with or without fees)
  • Marriage, divorce, maintenance, dignities
  • Rent, easements, accounts
× Not civil / barred

  • Purely religious questions (no civil right at stake)
  • Purely caste / social questions
  • Political questions
  • Matters left to a special tribunal (tax, service, elections)
  • Where a statute expressly ousts the civil court

The two kinds of bar

Express bar

A statute expressly says the civil court shall not try the matter — e.g. tax under the Income-tax Act, industrial disputes before the Labour Court, election petitions.

Implied bar

A special law creates a right and its own complete remedy / forum, so civil-court jurisdiction is impliedly excluded for that matter.

The leading test

Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78 — lays down the principles for when a civil court’s jurisdiction is excluded. Even where a statute bars the civil court, the court may still examine whether the special tribunal acted beyond the Act or in violation of fundamental principles of judicial procedure. Exclusion is not readily inferred — the burden lies on the party asserting the bar.

The maxim behind it

Latin maxim

Ubi jus ibi remedium

“Where there is a right, there is a remedy.”

ubiwhere
jusa right
ibithere
remediuma remedy

Why it fits §9: the section keeps the civil court’s door open for every civil right — so that no right is left without a forum to enforce it.

Citations — cases interpreting §9

⚖️ Dhulabhai v. State of Madhya Pradesh — AIR 1969 SC 78The leading authority on when a civil court’s jurisdiction is barred — Hidayatullah CJ’s seven propositions on reading §9’s “except those barred”. Open the full infographic →

Neutral / full judgment: Indian Kanoon ↗ • (1968) 3 SCR 662

Connected rules & sections

§ 11

Res judicata

Needs a court competent to try the later suit — competence flows from §9.

§§ 15–20

Place of suing

The “subject to the provisions herein” limits — which civil court, once §9 says a civil court can try it.

Case

Dhulabhai v. State of M.P.

AIR 1969 SC 78 — the classic statement on ouster of civil-court jurisdiction.

CC Acts

Civil Courts Acts

Constitute the civil courts that §9 empowers; set their grades & limits.

Tribunals

Special forums

Tax, service, consumer, rent, electricity, etc. — common sources of an express / implied bar.

Maxim

Ouster not presumed

A clear, unambiguous exclusion is required — doubt is resolved in favour of jurisdiction.

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