Order 21 Rule 66 CPC

1. Text of Section 9 CPC

“Courts to Try All Civil Suits Unless Barred”

Section 9 provides that all civil suits of a civil nature shall be tried by the courts unless expressly barred by any law.

In other words, every court has the power to try a civil suit unless there is a statutory provision or specific law that prohibits it.

Civil Nature of Suit:

The suit must be civil, meaning it is not criminal, revenue, or ecclesiastical in nature.

Examples of civil suits: Recovery of money, breach of contract, property disputes, family disputes (civil side).

Trial by Court:

The court has jurisdiction to adjudicate civil disputes unless specifically barred by statute.

No civil suit can be refused merely because of inconvenience or complexity, if the court has jurisdiction.

Exclusion by Law:

Section 9 does not override other laws. If a special forum or tribunal is designated, the suit must go there.

Example: Company disputes under Companies Act, labor disputes under Industrial Disputes Act, tax disputes under Income Tax Act.

To ensure access to justice for civil matters.

To prevent denial of trial for civil disputes except where legislature has explicitly barred the court.

To preserve the ordinary civil jurisdiction of courts.

M/s Union of India v. J. Muniswamy Chetty (1950)

The court held that all civil disputes can be tried by a civil court unless a statute specifically bars it.

Ramchandra v. State of Maharashtra

Civil courts cannot refuse jurisdiction just because a matter is complicated or involves government parties.

Special Tribunals or Forums:

Disputes meant to be adjudicated by a tribunal or authority cannot be filed in civil courts.

Example: Labor disputes before Industrial Tribunal, tax disputes before Income Tax Appellate Tribunal (ITAT).

Matters Specifically Excluded by Statute:

Certain acts exclude civil court jurisdiction.

Example: Disputes under the Arbitration and Conciliation Act, 1996 once arbitration is validly invoked.

Establishes the fundamental principle that civil courts have jurisdiction over civil disputes.

Protects plaintiffs’ right to seek civil remedies.

Ensures that legislative exclusions are explicit, otherwise civil courts can try the suit.

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