Section 9 – Courts to Try All Civil Suits

Section 9 – Courts to Try All Civil Suits

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. This is the foundational provision establishing civil courts’ inherent jurisdiction over all civil matters unless specifically barred by law.

Section 10 – Stay of Suit

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title, where such suit is pending in the same or any other Court having jurisdiction to grant the relief claimed.

Section 11 – Res Judicata

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court. The principle prevents re-litigation of decided matters.

Section 16 – Suits to be Instituted Where Subject Matter Situated

Subject to the pecuniary or other limitations prescribed by any law, suits for the recovery of immovable property with or without rent or profits, for the partition of immovable property, for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, for the determination of any other right to or interest in immovable property, for compensation for wrong to immovable property, or for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.

Section 20 – Other Suits to be Instituted Where Defendants Reside or Cause of Action Arises

Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, or where the cause of action, wholly or in part, arises.

Section 26 – Institution of Suit

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. The plaint must be presented by the plaintiff in person or by his pleader or by a person duly authorized to act on his behalf.

Section 35 – Costs

The costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom and out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

Section 51 – Powers of Court to Enforce Execution

The Court may enforce the execution of its decrees by various modes including: (a) delivery of property; (b) attachment and sale; (c) arrest and detention in prison; (d) appointing receiver; (e) such other manner as may be prescribed. Execution is the final stage of litigation where decree is enforced.

Section 80 – Notice to Government/Public Officers

No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of the appropriate authority stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims. The notice must contain particulars of the cause of action and relief sought.