Ouster Of Civil Court Jurisdiction: SC Reiterates Tests Formulated In 1968 Constitution Bench Judgment [Read Judgment]

Ashok Kini

27 Oct 2019 6:56 PM IST

  • Ouster Of Civil Court Jurisdiction: SC Reiterates Tests Formulated In 1968 Constitution Bench Judgment [Read Judgment]

    "Exclusion of the jurisdiction of the Civil Court is not readily to be inferred."

    Section 9 of the Code of Civil Procedure empowers the Courts to try all civil suits unless barred. It states that the Courts shall (subject to the provisions therein contained) have jurisdiction to try all Suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The tests to be adopted while considering a question as to ouster of civil...

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