Unraveling the Enigma: Section 09 of Civil Procedure Code 1908

  • Aastha Sachdeva and Akankshu Sodhi
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  • Aastha Sachdeva

    Student at Symbiosis Law School, Pune, India

  • Akankshu Sodhi

    Student at Symbiosis Law School, Pune, India

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This legal research paper delves into the critical examination of Section 9 of the Civil Procedure Code 1908, shedding light on its utmost importance, relevance, legislative underpinnings, and its dynamic judicial interpretations. Section 9 of the Code vests courts with inherent jurisdiction to try all civil suits, which are not barred expressly by any other law. This paper begins by elucidating the historical context and legislative intent behind the incorporation of Section 9, emphasizing the paramount significance it holds in ensuring access to justice for litigants. The scope of Section 9 is explored, highlighting its application to diverse civil disputes and the underlying rationale for its existence in the procedural framework. In light of the recent developments in jurisprudence, this research underscores the continued relevance of Section 9 in the modern legal system, providing a solid foundation for courts to exercise jurisdiction in the interest of justice. By analysing the legislative intent and dynamic judicial approach, this paper seeks to contribute to a deeper understanding of the pivotal role that Section 9 plays in the civil adjudication process.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1294 - 1300

DOI: https://doij.org/10.10000/IJLMH.115554

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