Correct option is C
Assertion (A):
The Assertion is true because Section 9 of the Code of Civil Procedure (CPC), 1908 clearly provides that civil courts have jurisdiction to try all suits of a civil nature unless the jurisdiction is expressly or impliedly barred. This means that civil courts have a wide scope to handle cases related to property, contracts, torts, family disputes, etc., unless specifically barred by a statute. Therefore, civil courts possess inherent jurisdiction to try civil matters unless excluded by law.
For example, civil courts can adjudicate property disputes, contract disputes, or family law issues, but matters like revenue disputes or armed forces matters may be barred. Therefore, the assertion is correct in stating that civil courts are the appropriate forum to resolve disputes of a civil nature unless otherwise excluded by law.
Reason (R):
The Reason is false because it only partially explains the concept of barring jurisdiction. While it is true that jurisdiction can be expressly barred by law, this is not the only way it can be excluded. Jurisdiction can also be impliedly barred.
For instance:
· Express bar: A specific law that says civil courts cannot entertain certain matters (e.g., the Armed Forces Tribunal Act or revenue-related laws).
· Implied bar: In cases where specialized tribunals are set up to handle specific matters, such as the Consumer Protection Act or Industrial Disputes Act. Here, the law may not expressly mention civil court exclusion, but jurisdiction is impliedly barred because the matter is meant to be resolved by a specialized tribunal.
Therefore, the Reason (R) is incomplete and incorrect because it only considers the express bar on jurisdiction but ignores the possibility of an implied bar.
Information Booster
Section 9, CPC (Jurisdiction of Civil Courts):
· This section lays down that civil courts shall have the jurisdiction to try all suits of a civil nature unless:
1. Expressly barred by law, or
2. Impliedly barred by the nature of the law or subject matter.
Civil courts handle civil rights and obligations, but specific matters may be directed to other forums like administrative tribunals, labor courts, etc. Hence, both express and implied bars limit the court's authority.
