What are Suits of Civil Nature in section 9 of CPC?

Suits of Civil Nature under CPC

The Civil Procedure Code (CPC), 1908, is an essential law in India that regulates the procedural elements of civil litigation. A "suit" refers to a legal proceeding commenced by one party against another with the aim of resolving a civil disagreement. The CPC categorizes different kinds of suits as "suits of civil nature."

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Meaning and Scope of Suits of Civil Nature

The concept and extent of civil suits are defined by the CPC, which refers to a legal action initiated by the submission of a plaint or a written statement before a court of law. A "suit of civil nature" pertains to a legal action falling under the jurisdiction of civil law and regulated by the CPC.

Civil law encompasses a broad range of disputes, including those concerning property, contracts, torts, family law, and more. The scope of civil suits under the CPC is vast and encompasses various types of civil disputes.

These may involve suits for the recovery of money, suits for the specific performance of contracts, suits for the declaration of rights, suits for injunctions, suits for the partition of property, suits for damages, and numerous others.

The CPC establishes a procedural framework for the conduct of these suits, ensuring that civil disputes are resolved through a systematic and equitable legal process.

Types of Suits of Civil Nature

1. The CPC classifies civil suits into various categories based on the nature of the dispute. Some of the common types of civil suits under the CPC include:

a) Money Recovery Suits:-

These suits involve one party seeking to recover a sum of money owed to them by another party. This could be related to a contract, loan, or any other legal obligation.

b) Specific Performance Suits:-

These suits aim to enforce the performance of a contract by one party against the other. The court has the discretion to grant specific performance in certain circumstances.

c) Rights Declaration Suits:-

These suits involve one party seeking a declaration from the court affirming their legal rights or status. For instance, a suit for the declaration of ownership of a property.

d) Injunction Suits:-

These suits involve one party seeking a court order to either restrain another party from performing a certain act or compel them to perform a certain act. Injunctions can be temporary or permanent, depending on the situation.

e) Property Partition Suits:-

These suits are filed by co-owners of a property who wish to divide the property among themselves.

f) Damages Suits:-

These suits are filed by a party seeking compensation for the loss or harm they have suffered due to the wrongful actions of another party.

Section 9 of CPC

Section 9 of the Code of Civil Procedure (CPC) in India outlines the jurisdiction of civil courts to handle civil suits. According to this provision, unless there is a specific legal restriction, civil courts have the authority to entertain and adjudicate all civil suits.

The language used in Section 9 states that courts shall have jurisdiction over all civil suits, except those that are expressly or impliedly barred.

This provision establishes a fundamental principle that grants civil courts in India the power to hear and decide civil suits, unless there is a clear legal provision that prohibits them from doing so.

It means that the default position is that civil courts have the jurisdiction to handle civil suits, unless there are explicit or implicit legal restrictions.

The phrase "expressly or impliedly barred" in Section 9 of the CPC refers to the different ways in which the court's jurisdiction can be restricted.

It can either be explicitly stated in a law or legal provision, or it can be inferred or implied from the nature of the suit, the parties involved, or the legal relationship between them.

For instance, if there is a specific statute or law that explicitly prohibits a court from hearing a particular type of suit, such as a suit falling under the exclusive jurisdiction of a specialized tribunal, then the court's jurisdiction is expressly barred.

On the other hand, if there is a legal principle or doctrine that suggests that a court should not entertain a certain type of suit, even in the absence of an explicit provision, then the court's jurisdiction is impliedly barred.

Section 9 of the CPC plays a crucial role in determining the jurisdiction of civil courts in India. It serves as a guiding principle to ascertain whether a court has the authority to hear a specific civil suit or not.