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Showing posts from July 24, 2023

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Exclusion of Jurisdictions of Civil Courts

The exclusion of jurisdiction of a civil court to entertain civil cases Question: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred- evaluate the statement in the light of section 9 of the Code of Civil Procedure. Answer: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred. Section 4 read with section 9 of the Code of Civil Procedure, implies that although a civil court has jurisdiction to try all kinds of civil suits, if anything otherwise is mentioned in a special law and that law prescribes any jurisdiction to try any civil matter, then that special law should be followed. The general provision is, a civil court shall try all suits of civil nature. However, it should not be considered that the mere presence of any exclusion clause in a special law shall exclude the jurisdiction of a civil suit. If the jurisdiction of civil court is barred, the court is empowered to decide taking