Sahayata & Sahayata

The jurisdiction of Civil Courts is governed by the principle of "Ubi jus ibi remedium" (Where there is a right, there is a remedy). Section 9 of the Code of Civil Procedure (CPC) grants Civil Courts the inherent power to try all suits of a civil nature, except those where their jurisdiction is expressly or impliedly barred. However, the "exclusion" of this jurisdiction is a complex problem, as legislatures often create special tribunals and include "ouster clauses" to bypass regular courts. The landmark judgment in Dhulabhai v. State of Madhya Pradesh (1969) remains the definitive authority on when and how this exclusion applies. The Problem: Express vs. Implied Bar The primary challenge under Section 9 is determining whether a special statute successfully ousts the Civil Court’s jurisdiction. Express Bar: When a statute explicitly states that "no Civil Court shall have jurisdiction" (e.g., Sec 34 of the SARFAESI Act). Implied Bar: When a st...

  The principles of Res Sub-judice and Res Judicata are the twin pillars of the Code of Civil Procedure, 1908 (CPC) , designed to ensure the finality of litigation and prevent the wastage of judicial resources. 1. Distinction Between Res Sub-judice and Res Judicata While both doctrines aim to prevent a multiplicity of suits, they apply at different stages of litigation. Feature Res Sub-judice (Section 10) Res Judicata (Section 11) Meaning Means "Under Judgment." Means "A Matter Adjudicated." Stage Applies to a pending suit. Applies to a decided suit. Objective To prevent parallel proceedings and conflicting decisions. To prevent re-litigation of a matter already decided. Nature It stays the trial of the subsequent suit. It bars the court from trying the subsequent suit/issue entirely. Condition The earlier suit must be pending in a competent court. The former suit must have been "heard and finally decided." 2. Res Judicata Against Co-Defendants The...