9. Courts to try all civil suits unless barred.—
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.
4
[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious
rites or ceremonies.
5
[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
STATE AMENDMENTS
Maharashtra.—
Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra
(hereinafter referred to as “the principal Act”), shall be deleted.
[Vide Maharashtra Act 61 of 2018, sec. 2.]
Notwithstanding the deletion of section 9A of the principal Act,—
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under
Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other
issues, at the time of final disposal of the suit itself :
Provided that , the evidence, if any, led by any party or parties to the suit, on the preliminary issue so
framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues
in the suit, at the time of final disposal of the suit itself ;
(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that
the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a
revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall
stand abated :
1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
5. Ins. by s. 5, ibid. (w.e.f. 1-2-1977).
35
Provided that , where a decree in such suit is appealed from any error, defect or irregularity in the order
upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as
if it had been included in such memorandum;
(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the
Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an
appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or
revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has
not been deleted :
Provided that , in case the appellate or revisional Court, while partly allowing such appeal or revision,
remands the matter to the trial Court for reconsideration of the preliminary issue so framed under
section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act
shall apply ;
(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section
(2) of
section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order
XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an
order is made, either confirm or vacate or modify such order.
[Vide Maharashtra Act 61 of 2018, sec. 3.]
Maharashtra.—
In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause
(1), the
following clause shall be substituted and shall be deemed to have been substituted with effect from 27th
June 2018, being the date of commencement of the said Act, namely:—
“
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court
under section 9A, as if the said section 9A has not been deleted;”.
[Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]
