NAME: MAHNOOR ABBAS
REGISTRATION NO: 3615FSL/LLB(E)/F18
SECTION: A
SUBMITTED TO: MA’AM NAZIA BIBI
TOPIC: CIVIL COURTS ARE THE COURTS OF ULTIMATE
JURISDICTION
The courts get the power and authority of inquiring into facts, application of the law and
giving judgment only if it has jurisdiction. The term jurisdiction itself means the limit under
which the court gets the power and authority of administration of justice, so it cannot be
ultimate. Civil courts are courts of ultimate jurisdiction in a sense, that the ultimate decision
with regard to civil matters that are not within the jurisdiction of other courts will be that of
civil courts.
Civil courts enjoy ultimate Jurisdiction to entertain the suit independent of any statute unless
the cognizance of matter is either expressly or impliedly barred under any statue. Because the
rule is that;
“Where there is a right there is a consequential remedy to file a suit for its
enforcement.”
CIVIL COURT JURISDICTION:
Section 9 of CPC provides the maximum extent of jurisdiction of the civil court:
“The court (subject to the provisions herein after contained) have jurisdiction to try all suits
of civil nature excepting suit of which their cognizance is either expressly or impliedly
barred.”
CIVIL NATURE OF SUITS:
Any proceeding which involves the assertion or enforcement of a civil right is a civil
proceeding. The suit of civil nature is one wherein the right of individual is enforced or the
wrong of an individual is redressed, it is the system which enforces the rights and obligations
of individuals.
JURISDICTION:
According to Black’s Law Dictionary jurisdiction is “A court’s power to decide a case or
issue a decree.”
It refers to the legal authority to administer justice in accordance with the means provided by
law and subject to the limitations imposed by law.
KINDS OF JURISDICTION:
There are five kinds of jurisdiction which the civil courts can exercise under the label of
having ultimate jurisdiction as given under the CPC:
1. Territorial Jurisdiction
2. Pecuniary Jurisdiction
3. Subject matter Jurisdiction
4. Personal Jurisdiction
5. Appellate Jurisdiction
TERRITORIAL JURISDICTION:
Territorial Jurisdiction is such authority of the court which can be used to decide the issue
within specified geographical territory. If the court does not have territorial jurisdiction then
it does not have the authority to make a decision. Section 16-20 of this Code deals with the
territorial limits of the courts. Simple rule of determining the territorial limit of the court is
that the court within whose territorial limits any wrong to the person is done or a contract was
made or the property subject to the suit has territorial jurisdiction on that subject matter.
PECUNIARY JURISDICTION:
Pecuniary jurisdiction of the court is such authority of the court where pecuniary (monetary)
limits on the jurisdiction of a court are defined by the law. Under this jurisdiction all courts
can decide the issues according to their defined limits. Every court has to take up the matter
the value of whose subject matter don’t exceed to the pecuniary limit of the court as laid
down under Section 9 of the Civil Courts Ordinance, 1962. Pecuniary jurisdiction of civil
judges is distributed according to their grades and classes i.e. first class, second class and
third class.
SUBJECT MATTER JURISDICTION:
Subject-matter jurisdiction is the requirement that a given court have power to hear the
specific kind of claim that is brought to that court. While litigating parties may waive
personal jurisdiction, they cannot waive subject-matter jurisdiction.
Courts can adjudicate upon the matters that are declared to be subject to their jurisdiction. For
example District Courts have exclusive jurisdiction over matters involving; Trade Marks or
copy rights or suits under section 91 and 92 of the Code of Civil Procedure, 1908.
PERSONAL JURISDICTION:
As a matter of general rule the courts have jurisdiction on every Pakistani or any person of
any other nationality coming within their jurisdiction. Section 16-20 qualify the personal
jurisdiction of the court by stating that the courts can decide the matter only if the filed
against the person who resides, carry on business or personally work for gain within the
jurisdiction of the court.
APPELLATE JURISDICTION:
It is the right of a court to review a case that has already been heard and decided upon by a
lower court. Section 96-103 deals with the appellate jurisdiction of the court. Appellate
jurisdiction under the Code vests in the District Courts, High Courts and Supreme Court
against the order of subordinate courts.
LIMITATIONS/BARS ON THE JURISDICTION OF CIVIL COURTS:
Under CPC following limitations are created upon the jurisdiction of civil courts.
1. Absolute Bars
2. Conditional Bars
3. Special bars
ABSOLUTE BARS:
Following are the absolute bars as discuss in CPC
Res Sub-Judice under Section 10 prevents a subsequent Court, to try a suit in which
the matter directly and substantially in issue, is also directly and substantially in issue,
in a former suit between the same, parties, under the same title and such suit is
pending.
Res Judicata under section 11 is that where there is a judgment inters parties, it will
prevent a fresh suit between them regarding the same matters.
Under section 47, all question arising, between the parties to the suit in which the
decree was passed, shall be determined by the court executing decree, and not by a
separate suit.
Under section 144 No suit shall be instituted, for the purpose of obtaining any
restitution or other relief, which could be obtained by application.
Under order 2 Rule 2 Every suit shall include the whole of claim, but where a plaintiff
omits to sue, in respect of, or intentionally relinquishes any portion of his claim, he
shall not afterwards sue in respect of the portion so omitted or relinquished.
Under Order 9 Rule 9 Where a suit is dismissed, due to the default of the plaintiff,
then the plaintiff is precluded from bringing a fresh suit, in respect of the same cause
of action.
Under order 22 Rule 9 An insolvent person is barred from filling a suit.
Under order 23 Rule 1 At any time, after the institution of a suit, the plaintiff may
withdraw his suit, or abandon part of this claim, as against all or any of the
defendants. No fresh suit can be instituted on the same subject matter or claim, as has
been withdrawn or abandoned.
CONDITIONAL BARS:
Following are the conditional bars, upon the jurisdiction of the civil courts.
Under section 83 Alien residing in Pakistan, can only sue in the court of Pakistan,
when they get the permission, from the Federal government.
Under section 84 A foreign state, may sue in any court in Pakistan, if it has been
recognized by the Federal government.
SPECIAL BARS:
In case of any breach of an express of constructive trust, created for the public purposes, of a
charitable or religious nature, a suit can be filed by the Advocate general, or two or more
person having an interest in the trust, and having obtained the consent in writing, of the
Advocate general.
SUITS OF COGNIZANCE EXPRESSLY OR IMPLIEDLY BARRED:
Besides, the bars contained in the provisions of CPC the cognizance of some suits are barred
either expressly or impliedly under other laws.
Express bars: Express bars means, bars under express enactment of statute, Criminal,
Revenue and Family matters are the express bars upon the jurisdiction of civil courts.
Implied Bars: Section 9 of CPC recognizers the doctrine of implied bar of jurisdiction, the
Act of state, public policy and special tribunals are the implied bars on jurisdiction of Civil
Courts.
Effect of exclusion of jurisdiction under section 9
Exclusion of jurisdiction of civil courts not to be readily inferred, but must be explicitly
expressed or clearly implied. Where jurisdiction was excluded, even then civil court would
have jurisdiction to examine cases where Provisions of the Act had not been compiled with or
statutory Tribunal had not acted in conformity with fundamental principles of judicial
procedure.
Conclusion
To conclude that by virtue of section 9 of CPC civil courts have jurisdiction to determine all
suits of civil nature. The jurisdiction of civil courts cannot be ultimate, because the provisions
of CPC bars jurisdiction of certain cases itself, and there are other bars also under other laws
and thus the jurisdiction of the courts.
