The phrase “Ubi Jud Ibi Remedium” is “where there is a law, where is a remedy”. It is a basic rule of the law. Every person who is entitled has the right to bring suit before a court unless legal jurisdiction of the court is ruled to be ineffective. When the goal of the case is enforcement of rights under the civil law the civil court has authority to hear the case in its own way.
The section 9 in C.P.C regulates the jurisdiction of civil courts to hear cases that are of a civil the nature and that arise from a civil dispute that is subject to the bar of cognizance in order to hear these cases. If the civil suit wants to be heard two conditions are required:
- The fight must be of the civil kind.
- The Courts have the authority to hear these cases (which is not prohibited).
Other important aspects:
- The phrase “civil” is not defined anywhere in the Civil Procedure Code. It usually refers to remedies that are related to rights of an individual in contrast to rights related to the criminal or political.
- The phrase “civil nature” refers to the individual freedoms of a citizen and responsibility. A lawsuit with the issue of caste or religion as its principal issue is not covered. If there are costs in the lawsuit or if it is tied to a specific person or an office of a religious organization is enforceable.
- The phrase “shall” makes it necessary for courts to examine the case in accordance with the definition of the section. The term “nature” refers to its primary characteristics, including its type, nature and nature. The types of civil lawsuits include ones involving property, the right to worship, the interruption of religious ceremonies as well as damages for civil violations.
Implicitly or expressly prohibited:
1. Suits explicitly barred – A suit barred by an act that is currently in force is considered to be specifically barred. Legislative authority can prohibit the jurisdiction of civil courts regards to a certain type of suit that are of that nature. However, it is crucial that when doing so, it must keep it within the confines of the law that it is enacted and does not violate any clause in the constitution. Thus, a lawsuit is declared to be barred if it is not permitted by the statute currently in the force.
2. Suits that are impliedly barred suit that is barred by the general principles of law is deemed to be implicitly barred. If the statute offers an exclusive remedy that is not available to the plaintiff of recourse in any other type. Similar to civil lawsuits, civil lawsuits are not subject to the jurisdiction of any civil court on account of public policy. A suit is deemed to be barred by implied law when it is deemed to be exempted by general rules of law. If a specific remedy has been provided in statute thus, disqualifies a any person who needs an alternative remedy in any format than what is provided by law.
In Short:
Section 9 of the C.P.C. stipulates that the courts for civil cases are able to hear any civil action of a nature unless specifically or implicitly restricted by an expressly or implied statute. This section guarantees that all citizens are able to seek civil courts for the exercise of their rights as citizens. If an act of law explicitly or implicitly limits the civil court’s authority in specific circumstances (e.g. tribunals or forums with special status) The civil court will not be able to consider these cases.
Key Points:
i. Grants civil courts broad jurisdiction over civil matters.
ii. Excludes situations in which jurisdiction is not permitted by law.
iii. Protects and enforces civil rights.
The section 9 in the Civil Procedure Code, 1908 which states that the civil courts have the power to hear all cases that are of a civil nature, unless an express law states that they cannot. In a nutshell when a person’s civil rights such as property, contracts and personal rights have been in jeopardy and they need to go to an administrative court, except if there’s a law which clearly states that a civil court isn’t able to handle that type of problem.
The Civil Procedure Code, 1908 (C.P.C) defines the procedure for civil litigants in India. The section 9 in the C.P.C is a fundamental law which grants civil courts to resolve civil disputes. It establishes the principle of Ubi Juris Ibi Remedium If there’s a right, there’s recourse.
Bar of Jurisdiction
The jurisdiction of a court can be explicitly barred by specific statutes, like the Consumer Protection Act and Industrial Disputes Act. It is also implicitly prohibited when specific courts or authorities are established to address specific matters.
For instance, if there is an explicit statute or law which prohibits the court from hearing certain types of lawsuits for example, one that involves a subject that is the sole power of a tribunal specialized in and the court’s authority could be explicitly prohibited.
However it is possible that an established legal rule that says the court shouldn’t consider a specific kind of suit. However, even if there is no specific provision, the court’s jurisdiction could be prohibited by implied law. The section 9 in the C.P.C is a crucial clause that establishes a general rule of law for the civil court in India and provides the basis for determining whether the court has the power to decide on a specific civil action or not.