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    Question

    If a right or liability is created by a statute, which

    of the following situation may arise:
    A The statute may create a specific forum for its enforcement Correct Answer Incorrect Answer
    B If no machinery is provided for enforcement civil court can entertain the suit Correct Answer Incorrect Answer
    C Both (a) and (b) Correct Answer Incorrect Answer
    D None of the above. Correct Answer Incorrect Answer

    Solution

    ·         Section 9 of CPC deals with the jurisdiction of civil courts. ü  It says that 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.   ü  Explanation I - a suit in which the right to property or to an office is contested is a suit or a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.   ü  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.   ü  There has to be a presumption in favour of civil court’s jurisdiction- Presumption as to Jurisdiction- In dealing with the question whether a civil court’s jurisdiction to entertain a suit is barred or not, it is necessary to bear in mind that every presumption should be made in favor of the jurisdiction of a civil court. The exclusion of jurisdiction of a civil court to entertain civil causes should not be readily inferred unless the relevant statute contains an express provision to that effect, or leads to a necessary and inevitable implication of the nature.

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