HARYANA JUDICIAL SERVICES (CIVIL JUDGE)
CODE OF CIVIL PROCEDURE, 1908
Chapter–3
Jurisdiction of Civil Courts
Section 9 – Courts to Try All Civil Suits
MCQ Bank (Questions 51–60)
Q.51. Section 9 of the Code of Civil Procedure embodies which one of the following principles?
(A) Every civil dispute must first be referred to arbitration.
(B) Civil Courts shall have jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred. ✅
(C) Civil Courts can try only property disputes.
(D) Civil Courts have jurisdiction only where specifically conferred by statute.
Answer: (B)
Explanation:
Section 9 CPC is founded upon the principle that Civil Courts possess inherent jurisdiction over all suits of a civil nature unless their jurisdiction has been expressly or impliedly excluded by law. The provision reflects the legislative policy that access to Civil Courts is the rule and exclusion is the exception.
The expression "civil nature" has received a liberal interpretation by the Supreme Court and includes disputes relating to property, office, status, contractual rights, easements, trusts, and several other civil rights.
Why the other options are incorrect:
(A) Arbitration depends upon an agreement between the parties and is not the rule under Section 9.
(C) Civil Courts adjudicate a wide variety of civil rights and are not confined to property disputes.
(D) Civil Courts possess general jurisdiction. It is the exclusion of jurisdiction—not its conferment—that ordinarily requires statutory authority.
Relevant Provision: Section 9, CPC.
Leading Case: Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78.
Judiciary Exam Tip:
Always remember the golden rule:
Civil Court Jurisdiction is the Rule. Exclusion is the Exception.
Q.52. The expression "suits of a civil nature" under Section 9 CPC should ordinarily be interpreted—
(A) Narrowly.
(B) Strictly.
(C) Liberally. ✅
(D) Literally without reference to judicial precedents.
Answer: (C)
Explanation:
The Legislature intentionally employed the words "civil nature" instead of merely "civil rights." Courts have consistently held that this expression should receive a broad and liberal interpretation so that genuine civil disputes are not denied judicial remedies.
Even where religious ceremonies or customs are involved, if civil rights such as property, office, management, or emoluments are in issue, the suit remains one of a civil nature.
Why the other options are incorrect:
(A) A narrow interpretation defeats the object of Section 9.
(B) Strict interpretation is contrary to settled judicial principles.
(D) Judicial precedents play a vital role in determining the scope of civil jurisdiction.
Relevant Provision: Section 9 CPC.
Judiciary Exam Tip:
Whenever the examination asks about the meaning of "civil nature," choose the option favouring liberal interpretation unless expressly excluded by statute.
Q.53. Which one of the following statements correctly reflects the law relating to the exclusion of Civil Court jurisdiction?
(A) Exclusion of jurisdiction is readily presumed.
(B) Exclusion must either be express or necessarily implied. ✅
(C) Every special statute automatically excludes Civil Court jurisdiction.
(D) Civil Courts lose jurisdiction whenever a tribunal is constituted.
Answer: (B)
Explanation:
Civil Court jurisdiction is not excluded merely because a special forum exists. The statute must either expressly bar the jurisdiction of Civil Courts or the exclusion must arise by necessary implication.
Where two interpretations are possible, the one preserving Civil Court jurisdiction is generally preferred.
Why the other options are incorrect:
(A) Courts never presume exclusion of jurisdiction.
(C) Creation of a statutory tribunal does not automatically exclude Civil Courts.
(D) The establishment of a tribunal is insufficient unless the statute expressly or impliedly bars Civil Court jurisdiction.
Relevant Provision: Section 9 CPC.
Leading Case: Dhulabhai v. State of Madhya Pradesh.
Judiciary Exam Tip:
One of the most frequently repeated principles in Judicial Service examinations is:
A bar to Civil Court jurisdiction cannot be readily inferred.
Q.54. Which of the following is an example of an express bar of Civil Court jurisdiction?
(A) A statute specifically provides that no Civil Court shall entertain any suit relating to matters covered by the Act. ✅
(B) A tribunal is created without any exclusion clause.
(C) The Government issues an executive circular.
(D) The parties mutually agree not to approach Civil Courts.
Answer: (A)
Explanation:
An express bar exists where the statute itself contains clear language excluding the jurisdiction of Civil Courts, such as the phrase "No Civil Court shall have jurisdiction…"
Examples are found in several taxation, land reform, and election statutes.
Why the other options are incorrect:
(B) Mere creation of a tribunal does not amount to an express bar.
(C) Executive instructions cannot curtail statutory jurisdiction.
(D) Parties cannot by agreement oust the jurisdiction conferred by law upon Civil Courts.
Relevant Provision: Section 9 CPC.
Q.55. An implied bar to the jurisdiction of Civil Courts may arise where—
(A) The statute creates a complete machinery for adjudication and indicates an intention to exclude Civil Court jurisdiction. ✅
(B) A Government notification so directs.
(C) The plaintiff prefers an alternative forum.
(D) The defendant objects to the maintainability of the suit.
Answer: (A)
Explanation:
An implied bar is inferred from the scheme of the statute. Where a special Act creates rights, liabilities, remedies, appellate forums, and finality clauses, the intention to exclude Civil Court jurisdiction may be gathered by necessary implication.
However, such implication must be clear and unavoidable.
Why the other options are incorrect:
(B) Notifications cannot impliedly exclude statutory jurisdiction.
(C) Choice of forum by the plaintiff cannot determine jurisdiction.
(D) Objection by the defendant does not itself create a bar.
Relevant Provision: Section 9 CPC.
Judiciary Exam Tip:
Remember:
Express Bar = Direct statutory words.
Implied Bar = Inferred from the statutory scheme.
HARYANA JUDICIAL SERVICES (CIVIL JUDGE)
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