KARAN SINGH Vs. SUSHILA RAJPUT

JUDGEMENT

(1.) This revision petition is directed against an order passed by the City Judge Jammu on 24-3-1995. The order impugned decides five legal issues on preliminary basis. These issues are as under :-1. Whether this Court has no jurisdiction to try the suit? OPD2. Whether the suit cannot proceed since the matter is already subjudice before the Custodian Jammu? OPD3. Whether the suit is bad for non-joinder of necessary parties? OPD4. Whether the suit property is not properly described if so, what is its effect on the suit? OPD5 Whether the suit is not properly valued for the purpose of Court-fees and jurisdiction? OPD

(2.) As is clear from the text of the issues, issues Nos. 1 and 2 are of foremost importance in the matter as these relate to the jurisdiction of the Court. Both these issues have been decided in favour of the plaintiff and against the defendant. Issues 3 to 5, being inconsequential for purpose of this petition; learned counsel for the petitioner has not laid stress on his challenge to the order impugned in so far the same relates to these issues.

(3.) The first question that must always arise in the mind of a Civil Court, while entertaining a suit, is the question of jurisdiction. Sec. 9 of the Code of Civil Procedure (hereinafter called the Code), lays down the law with regard to jurisdiction. This provision of law enables the Civil Courts to try all suits of civil nature but to this general rule, the suits, cognisance of which is expressly or impliedly barred, form a categoric exception, Section 9 reads as under :-"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 civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.Explanation II. - For the purpose 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."