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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part I: Suits In General

Section 9 CPC: Courts to try all civil suits unless barred

Bare Act text

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.

[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.

[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 :

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.— od 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.)]

Amendment notes

  1. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
  2. Ins. by s. 5, ibid. (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Civil Courts have jurisdiction to try all suits of a civil nature, except suits whose cognizance is expressly or impliedly barred. Explanation I states that a suit contesting a right to property or to an office is a civil suit even if the right depends entirely on questions of religious rites or ceremonies. Explanation II, inserted by the 1976 amendment, makes it immaterial whether the office carries fees or is attached to a particular place.

Part I: Suits In General

  1. 9 Courts to try all civil suits unless barred
  2. 10 Stay of suit
  3. 11 Res judicata
  4. 12 Bar to further suit
  5. 13 When foreign judgment not conclusive
  6. 14 Presumption as to foreign judgments
  7. 15 Court in which suits to be instituted
  8. 16 Suits to be instituted where subject-matter situate
  9. 17 Suits for immovable property situate within jurisdiction of different Courts
  10. 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
  11. 19 Suits for compensation for wrongs to person or movables
  12. 20 Other suits to be instituted where defendants reside or cause of action arises
  13. 21 Objections to jurisdiction
  14. 21A Bar on suit to set aside decree on objection as to place of suing
  15. 22 Power to transfer suits which may be instituted in more than one Court
  16. 23 To what Court application lies
  17. 24 General power of transfer and withdrawal
  18. 25 Power of Supreme Court to transfer suits, etc
  19. 26 Institution of suits
  20. 27 Summons to defendants
  21. 28 Service of summons where defendant resides in another State
  22. 29 Service of foreign summonses
  23. 30 Power to order discovery and the like
  24. 31 Summons to witness
  25. 32 Penalty for default
  26. 33 Judgment and decree
  27. 34 Interest
  28. 35 Costs
  29. 35A Compensatory costs in respect of false or vexatious claims or defences
  30. 35B Costs for causing delay
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