SECTION 9 Page 1 of 3

COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED1

Section 9 of the Code defines the jurisdiction of civil court as it enacts that the Courts shall have
jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is expressly or
impliedly barred.

S.9 is structured on the basic principle of civilized jurisprudence that absence of machinery for
enforcement of right renders the right nugatory. Each word and expression in S.9 casts an
obligation on the court to exercise jurisdiction for enforcement of right. The word ‘shall’ make it
mandatory.

Analysis of Section 9 makes it amply clear that a Civil Court can try a suit only when:

A. The suit is of a civil nature, and

B. Cognizance of such suit is not barred either expressly or impliedly.

In short, under Section 9 those suits are cognizable which are not only civil but also of civil nature.
This provision on the one hand provides a vast power on the civil court to try all suits of civil nature
on the other hand by using word ‘subject to provision hereinafter’, limits the jurisdiction of the
court.

A. Suits of Civil Nature:

In order that a civil court may have jurisdiction to try a suit, the first condition which mustbe
satisfied is that the suit must be of a civil nature. A natural question arises as to what is a suit of civil
nature? The word civil has not been defined in the Code. In Black’s Legal Dictionary it is define as
“relating to private rights and remedies sought by civil actions as contrasted with criminal
proceedings”. The word ‘nature’ has been defined as “the fundamental qualities of a person or
thing; identity or essential character”. It is thus wider in content. The word ‘civil nature’ is wider
than ‘civil proceedings’. It ordinarily means a suit in which any valuable right of the parties is sought
to be enforced.

To have an idea as to what is a suit of civil nature, it is pertinent and desirable to seek the shelter of
explanation- I attached to Section 9 of the Code. Explanation – I involves two things:

a. A suit for right to property or an office is a suit of civil nature, and

b. It does not cease to be one merely because the said right depends entirely upon the
decision of a question as to religious rites or ceremonies.

Thus, a suit is of a civil nature if the principal question therein relates to the determination of a civil
right and enforcement thereof. It is not the status of the parties to the suit, but the subject matter
of it which determines whether or not the suit is of a civil nature.

Explaining the concept of jurisdiction of civil courts under section 9, in PMA Metropolitan v. M.M.
Marthoma, the Supreme Court stated that the words ‘civil nature’ are wider than the words ‘civil
1
(a).What is suit of civil nature?
(b). What suits are of civil nature. How are they determined? UP PCS (J) 1986.
(c).Some problems relating to S. 9.
CODE OF CIVIL PROCEDURE, 1908
SECTION 9 Page 2 of 3

proceedings’. The Section would, therefore, be available in every case where the dispute has the
characteristic of affecting one’s right which are not only civil but of civil nature.

For determining whether a suit is a suit of civil nature or not it is not the status of parties to the suit
but the subject matter of the suit is relevant factor. To have an idea as to what is a suit of civil
nature, it is pertinent and desirable to seek the shelter of explanation-I and explanation II attached
to Section 9 of the Code. In view of these two explanations a suit of civil nature is that in which the
right to property or of an office is contested notwithstanding the adjudication of such a right may
involve the determination of a question relating to caste or religious rights or ceremonies.

Thus explanations involves following:

a. A suit for right to property or an office is a suit of civil nature,

b. It does not cease to be one merely because the said right depends entirely upon the
decision of a question as to religious rites or ceremonies,
c. Suit would be in respect of an office whether fees are attached or not or whether or not
such office is attached to particular place. The dispute about religious offices is cognizable by
civil court.

Now it can be said that a suit in which the principal question or the only question to be determined
relates to civil right and its enforcement, the suit is of civil nature. On the other hand, if the
principal or the only question in the suit is a question relating to caste or religious rites or
ceremonies, the suit is not of a civil nature because it does not deal with the rights of citizens. They
are the matters either social or religious.

There may be a third situation and that is a matter relating to caste or religious rites or ceremonies
is not the principal question to be determined in the suit but a subsidiary or incidental one, the
principal question in the suit is one elating to a civil right, a right to an office or right to property
and such question cannot be decided without deciding the question relating to cast or religious
rites or ceremonies, in such a case the court can decide the question relating to caste or religious
rites or ceremonies in order to adjudicate upon the principal question.

The SC was faced with a proposition mention just above in Dt. Council of UBMC vs. Salvador N.
Mathias (1968). While considering whether a suit claiming a right of worship is of a civil nature and
the nature of enquiry that a court shall make in such a suit, the Court laid down following
propositions:

1. Under Section 9, the court will enquire into disputes of civil nature;
2. A right to worship is a right of a civil nature and a suit for the vindication of such a right
would be maintainable;
3. The scope of enquiry in such a suit is limited to those aspects only that have a direct bearing
on the question of right of worship and the court may examine the doctrines faith, rituals
and practices for the purpose of ascertaining whether they interfere with the right of
worship of aggrieved parties; but the court cannot consider the soundness or property of
religious doctrine, faith or ritual.

CODE OF CIVIL PROCEDURE, 1908

SECTION 9 Page 3 of 3

Instances of Suits of Civil Nature:

B. Cognizance of the Suit not Barred:

CODE OF CIVIL PROCEDURE, 1908