Civil Courts have jurisdiction to try all suits of civil nature, unless their jurisdiction is barred
INTRODUCTION:
Jurisdiction is the extent of the power which is conferred upon the Court by its constitution to try a proceeding. Provision of Section 9 vests jurisdiction in Civil Court to try all the cases of civil nature except barred expressly or impliedly. Civil Court is a Court of ultimate jurisdiction and in cases where no remedy is provided for, Civil Court is the forum where relief can be sought for.
RELEVANT PROVISIONS:
Section 9 of C.P.C.:
MEANING OF JURISDICTION:
It is the authority by which Courts and judicial officers take cognizance of the cases and decide cases.
MEANING OF COURT'S JURISDICTION:
The term Court's jurisdiction relates to power and authority of the Court to decide issues between the state and citizens or among the citizens, in exercise of its judicial functions.
MEANING OF SUITS OF CIVIL NATURE:
Any proceeding which involves the assertion or enforcement of a civil right in a civil proceedings. In other words a suit of civil nature is proceeding, the object of which is enforcement of rights and obligations of citizens.
PRINCIPLE OF LAW:
The maxim "ubi jus ibi remedium (wherever there is a right, there is a remedy) is a fundamental principle of law. This principle of law in a way has been supplemented by Section 9 of C.P.C. By virtue of this Section Civil Court has jurisdiction to entertain the suit independently of any statute unless its cognizance is either expressly or impliedly barred.
KINDS OF JURISDICTION:
Following are the kinds of jurisdiction.
SUBJECT MATTER JURISDICTION:
This refers to the nature of the claim made and the competency of the Court to entertain a claim of 'such nature. The Court can held a preliminary inquiry to determine the existenCe of
facts which will give it subject matter jurisdiction. Jurisdiction is to be determined only on the basis of the allegation made in the plaint. Subject matter jurisdiction must exist at the time of institution as well as at the time of disposal of suit.
TERRITORIAL JURISDICTION:
Territorial jurisdiction is the pos,ver of a Court considered with reference to the territory within which it is to be exercised. It means the geographical limits within which that Court must act. The general principle is that a Court created within and for a particular territory is confined in the exercise of its powers to the limits of such territory. Territorial jurisdiction is also sometimes referred to as a local jurisdiction.
PECUNIARY JURISDICTION:
A jurisdiction as limited by the value of the subject-matter of the suit. Pecuniary jurisdiction of a Court is fixed by legislative enactment in accordance with the West Pakistan Civil Courts Ordinance, 1962. Generally the question of pecuniary jurisdiction of Court is determined with reference to the amount of claim in suit on the date of presentation of its plaint and not with reference to decree which may be passed.
PERSONAL JURISDICTION;
The general rule is that Civil Courts have jurisdiction to try all civil suits against all persons and of any nationality within their jurisdiction. By virtue of provisions of Sections 19 and 20 of the Code, a Civil Court has jurisdiction to entertain suits against a person residing, carrying on business or personally working for gain within its territorial limits.
DETERMINATION OF JURISDICTION:
BY PLAINT:
While determining the jurisdiction of Court, the plaint put forward by the plaintiff is to be looked into.
INHERENT POWERS OF CIVIL COURT:
Civil Courts have inherent power to decide the question of their own jurisdiction.
NATURE OF
While determining jurisdiction of a Court, the nature of claim put forward by the plaintiff as to his cause of action is to be looked into.
BARS ON JURISDICTION:
While determining the jurisdiction, the bar on jurisdiction imposed by CPC and bar by any other law, if any, is to be looked into.
EFFECT OF JURISDICTION:
Once a Court has jurisdiction, its adjudication, right or wrong, is binding upon the parties. The remedy against incorrect or ',wrong decisions is provided by way of appeals, revisions and review and if such remedies are not invoked, the order, even if erroneous, be binding upon the parties.
OBJECTION ON JURISDICTION:
The objection on jurisdiction is to be raised before the Court of first instance and the party cannot at subsequent stage raise an objection on jurisdiction before appellate or revisional Court except in circumstances enumerated below.
The objection was taken in Court of first instance at the earliest possible opportunity and
There has.been a consequent failure of justice.
If the above mentioned circumstances. exist then objection on jurisdiction can be raised before appellate or revisional Court.
BARS 0N JURISDICTION:
There are following Bars on jurisdiction.
EXPRESS BARS:
Expressly barred means barred by express enactment.
ABSOLUTE BARS :
(i) Res subjudice u/s. 10:
Section 10 bars the trial of a subsequent suit in which the matter In issue is also directly and substantially in issue in a personally instituted suit between the same parties.
(ii) Res-judicata u/s. 11:
This section prevents multiplicity of the proceedings and accords finality to an issue which directly and substantially had arisen in the former suit between the same parties or their privies, been decided and became final, so that parties are not vexed twice over.
(iii) Application u/s. 12:
This section bars the plaintiff from instituting a further suit in respect of particular cause of action in any Court to which the Code applies, where he has been precluded to do so by the rules, e.g., (i), O. 11, R. 2.(ii) O. 11, R. 9. (iii) O. XXII, R. 9, (iv) O. XXIII R. 1 of CPC.
(iv) Execution of decree u/s. 47:
All questions arising between the parties to suit in which the decree was passed shall be determined by the Court executing decrees.
(v) Application of restitution u/s. 144(2):
No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application.
(vi) Relinquishment of part of claim u/0 2 R. 2:
Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
(vii) Decree against plaintiff by default u/0 9 R. 9:
Where a suit is wholly or partly dismissed u/s. 8, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.
(viii) Plaintiffs insolvency u/0 22 R. 8:
A plaintiff who becomes insolvent, loses the right to continue the suit.
CONDITIONAL BAR:
(i) Suit by Alien u/s. 88:
An alien enemy cannot sue in Pakistan except with the permission of the Government.
(ii) Suit by foreign state u/s. 84:
A foreign state may sue in any Court of Provinces if that state has been recognized by the Federal Government.
SPECIAL BARS:
Suit for breach of trust u/s. 92:
In the case of any alleged breach of any express or constrüctive trust created for public purposes of a charitable or religious nature, the Advocate General or two more persons having an interest in the trust can institute suit with the consent in writing of Advocate General.
IMPLIED BARS:
Following are the implied bars on the jurisdiction of Civil Court.
(i) Act of State:
Acts of State cannot be the subject matter of a civil suit as Civil Courts do not possess power to enforce judgments given in such matters.
(ii) Public policy:
The jurisdiction of the Court to take cognizance of civil suits can be impliedly barred on the grounds of public policy i.e. suits regarding matters which are injurious to public welfare.
(iii) Sovereign act of state:
Sovereign acts of state in relation to residents of the state are not justifiable and suits with regard to such matters are impliedly barred.
BARS UNDER OTHER LAWS:
Following are the bars under other laws.
(i) Criminal matter:
A Civil Court's jurisdiction in respect of matters pending before Criminal Courts or already adjudicated upon by such Court will be barred but the same will not be barred if the proceedings before the Criminal Courts are without jurisdiction.
(ii) Revenue Courts:
Revenue Courts have exclusive jurisdiction to determine matters pending to rent, tenancy rights, revenue partition etc. of agricultural land. The jurisdiction of Civil Courts is barred only up to the extent specifically provided for in the revenue laws.
12. CONCLUSION:
To conclude this can be said that Civil Courts have jurisdiction to entertain all suits of civil nature except those in respect of which their jurisdiction is expressly or impliedly barred.
Ikyan Shah (Advocate High Court) ================================ +92-302-6111222 ================================ WhatsApp: https://whatsapp.com/channel/0029VaCJ8BT8fewjugv9FS1x Mentoga: https://mentoga.com/ikyanshah LinkedIn: https://www.linkedin.com/in/ikyanshah/ Facebook: https//www.facebook.com/ikyanshah TikTok: https://www.tiktok.com/@ikyanshah Instagram: https://www.instagram.com/ikyanshah