This article outlines and clarifies the scope and significance of civil lawsuits and the authority in India. This was done by using Section 9 of the Code of Civil Procedure as the central point of inquiry.
The article outlines the crucial perspective of the section with the aid of various laws and precedents. It concludes with several essential suggestions that could be integrated to the sections.
Contents
Introduction
“Civil courts are the protection of a democratic Constitution and that people should have the faith in it”. The quote by the founder of our country Mahatma Gandhi is a testament to the significance for civil lawsuits. It can be helpful in resolving issues and promoting the an atmosphere of justice and democracy in India.
Beginning with the definition of the essential law of India that is known as the Code of Civil Procedure, 1908. In simplest terms, it’s a procedural law that regulates legal issues of civil law in India.
To understand the code, it is important to know that it is divided into two sections:
- The first part contains the first part containing 158 sections and 51 orders and
- Rules in the first schedule that is located in the second section of the Code.
This article aims to understand the importance and scope of civil lawsuits. Also the jurisdiction of India through the use of Section 9 of Code of Civil Procedure as the primary area of analysis.
Legal jurisprudence and definition of Section 9
Section 9 of the Code of Civil Procedure. Section 9 of the Code of Civil Procedure that reads as follows “Courts to try all civil suits unless barred: The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred”.
However, in the decision of “A.R. Antulay v R.S. Nayak it was said that”it is well-established the fact that “a court of civil jurisdiction is given the inherent authority to determine its own rules”. Important to be aware that the definitions of civil suits are not specifically mentioned in the law. It is generally understood that they don’t involve a criminal nature, and are based on the private rights of the parties involved, are defined as civil suits.
The Code of Civil Procedure sets out the rules and procedures to conduct a lawsuit. It also determines the types of lawsuits that may be heard by the civil courts as outlined in “Union of India” v Delhi High Court Bar Association. This case also affirmed that there isn’t an absolute right granted to anyone to decide whether the case should be decided and heard in an Civil Court only.
If a statute is silent about whether the issue is of a civil or non-civil nature, it can’t
remove the power for the civil court to decide the matter solely on this matter”.
A critical analysis of section 9 of the CPC
In analyzing the section, certain points jarred my mind, such as the broadness of the section that doesn’t explicitly address the kinds of cases within the judicial jurisdiction of civil courts. This could lead to a serious problem when the jurisdiction of different cases are overlapping, which can lead to confusion and ambiguity.
In the end, numerous professionals face difficulties when choosing the right court to file their lawsuit. Another problem that came up while analyzing the section was the civil court’s jurisdiction pursuant to Section 9 is not absolute and is subject to change by other rules that are part of the Code of Civil Procedure and other laws.
This means that, no matter if civil lawsuit is initiated, the court may not be able to hear the case when it is specifically forbidden by law or if another law revokes the authority that the courts have over civil matters. But, Section 9 does not give any specific guidelines on when this authority can be removed.
Another issue that was highlighted was the lack of a definition of the term civil suit within the code. As a broad code the most essential definition must be clearly defined.
The case is Kehar Sinha, Nehal Singh in the case of Kehar Sinha Nehal Singh v. Custodian General “a legal proceeding between two parties for the redressal, determination or implementation of private rights” However, an amendment is needed to ensure that it is more logical.
Another phrase that is outlined in subsection 9 of the law refers to the term “shall” that states compulsion which means that the court is unable to reject the lawsuit as by the decision of Shankar Narayan v. K. Sreedevi, which held it was “Civil Court has primary jurisdiction in all types of civil matters as per Section 9 of CPC unless the action is expressly or impliedly barred”.
Another flaw that could be discovered through the analysis is that the case may be governed by conflicting laws. This means that even though the case is of one of a civil kind, the judge might not be able to hear the case when it is explicitly prohibited by law or if a different law specifically blocks the legal jurisdiction that the courts of law have. If you view the section as a larger context, it becomes clear that the section is only a limited scope that it only deals with civil suits, and not addressing other types of disputes, like constitutional or criminal.
There are several suggestions:
Some suggestions that can be added to improve the quality of Section 9 more comprehensive and overall to make the Code of Civil Procedure ameliorated are the following:
- Digitalization The modernization of the law system could be achieved by digitizing court proceedings, and developing online platforms to submit cases and retrieving records of case. This can help in reducing the number of cases that are pending and enhancing the accessibility of justice.
- Revision and review The clear obligation of the parliament to begin an amendment process to make the MOR section transparent and inclusive. The specific aspects to be revised might include the definition of civil courts, kinds of civil actions that fall under the jurisdiction and providing guidelines that make it less confusing.
- Alternative Dispute Resolution: The law could be amended to encourage ADR methods such as mediation, arbitration and conciliation. This will help in reducing the workload on the judiciary.
- Simplifying the legal language: One way to do this is to create legal documents that are written in plain English. Which makes helpful to litigants not experienced with legal terminology, and enticing lawyers to use less complicated terminology in the courtroom.
Conclusion
In conclusion, Section 9 of the Code of Civil Procedure is essential in defining the basic rule for civil court authority. However, there are some shortcomings that need to be taken into consideration.
These loopholes can lead to confusion as well as inconsistency. They can also cause delays in resolving disputes. This underscores the need for periodic revisions and changes to ensure that the policy remains effective and relevant.
Code of Civil Procedure being an evolving law with numerous court pronouncements expressing the fundamentals of natural justice. Latin principles such as Audi Alteram Partem further affirms the purpose of these laws. It could be more effective if further modifications are made.
The fundamental reason behind the formation of these codes such as the Code of Civil Procedure and Code of Criminal Procedure is to codify the principles set forth in the Constitution while keeping in mind the natural justice principles. Which includes fair trials as well as reasonable time and notice and more. All of these must be always in mind all the time.