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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Under the Code of Civil Procedure, 1908, Civil Courts have jurisdiction to try all suits of a civil nature. Which of the following suits is excluded from their jurisdiction?

A suit whose cognizance is expressly or impliedly barred is excluded. Section 9 gives Civil Courts jurisdiction over all civil suits except barred ones, and the Explanations confirm that contests over property or office are civil even if they involve religious rites or the office carries no fees.

  1. AA suit whose cognizance is expressly or impliedly barred by lawCorrect
  2. BA suit in which the right to an office is contested
  3. CA suit in which the right to property depends on decisions about religious rites
  4. DA suit concerning an office to which no fees are attached

Explanation

Section 9 gives Civil Courts jurisdiction over all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The Explanations make suits about property or office civil in nature even if religious rites are involved, and irrespective of fees or place attached to the office. So only the barred suit is excluded.

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