Code of Civil Procedure Section 9

• The lecture discusses the Code of Civil Procedure (CPC) focusing on sections relevant for preliminary exams.
• The lecture emphasizes a case-law based approach to understanding CPC sections, alongside content review.
• The lecturer announces an upcoming price hike on Unacademy subscriptions and encourages interested individuals to subscribe.
• The lecturer highlights a judiciary scholarship test scheduled for February 16th at 11 AM.

Section 9 CPC: Suits of Civil Nature

• Section 9 is described as a "grand door" allowing individuals to seek legal recourse for various grievances under different laws (Indian Contract Act, TPA, Partnership, Torts, etc.).
• Section 9 addresses "civil nature" suits, which encompass more than just civil disputes.
• Civil nature occurs when a civil right intertwines with social, religious, or political rights.
• Section 9 permits filing a suit if mismanagement occurs in a religious institution impacting financial management as it's considered of a civil nature.
• Section 9 provides jurisdiction to civil courts to try all suits unless barred.
• Civil nature includes cases involving the right to property and right to office.
• Any question related to caste, religion per se, is generally not a suit of civil nature.

Explanation II of Section 9

• Explanation II was added in 1976.
• A suit related to religious office is maintainable even if no fees are attached to the said office.

Case Laws on Section 9

• PMA Metropolitan vs. Moran Marthoma: Court cannot refuse to hear suits unless expressly or impliedly barred.
• Dula Bhai vs. State of MP: Reinforces the presumption that every court has jurisdiction until expressly or impliedly barred.
• South Delhi Municipal Corporation vs. Today Homes: Civil court loses jurisdiction when a statute gives finality to a decision within that statute.
• Express bar occurs when a law specifically prevents courts from hearing certain matters (e.g., income tax tribunal, election tribunal, motor accident claims).
• Implied bar occurs when a specific statute addresses an issue or based on public policy.

Additional Points on Section 9

• The lecturer provides a list of what constitutes a "Civil Nature", for example: Right to property, Right to drainage, Damages for civil wrong, Breach of Contact, Suit relating to worship, Suirt respecting temples, Right to burial
• Examples of what does not constitute a civil nature: Purely Cast related questions, Purely Religious Right & Political Question (when not mixed with civil issues like property rights)

Section 10 CPC: Stay of Suit

• Section 10 deals with "Stay of Suit" also known as "Res Sub Judice." The heading of Section 10 is "Stay of Suits", not "Res Sub Judice."
• Section 10's purpose is to prevent parallel simultaneous litigation.
• The text uses example of a case filed in Mumbai + Nagpur court, regarding the same property in dispute to illustate the key concepts.
• Section 10 allows one party to file a suit, but mandates that the Trial gets stayed pending outcome of related case.

Conditions for Section 10 Applicability

• Two suits must be present: one previously instituted (e.g., in Mumbai) and another subsequently filed (e.g., in Nagpur court).
• The matter in both cases must be directly and substantially the same.
• Both suits must involve the same parties.
• The previously instituted suit must be in a court with competent jurisdiction.

Additional facts for Section 10

• Section 10 does not apply if the prior case is in a foreign court.
• Pukhraj D. Jain vs. Gopal Krishna the purpose is to prevent the court from entering two concurrent decisions, thus, it calls for 1 court to stay proceedings in such situation.
• Section 10 is a mandatory provision and trial of the suit can get barred (not the instition for suite).
• Radha Devi vs. Deep Narayan points out that the test for Applicabitliy of Section 10 is Section 11, Res judicata (to be read togeher)
• The decree passed in contravention of section 10 isn't a nullity and cannot be disregarded at the stage of execution.

Section 11 CPC: Res Judicata

• Section 11 concerns "Res Judicata," based on the rule of conclusiveness. This means judgements get finality assigned to them.
• This Section includes: Res (dispute); Judicata (decision); i.e. decision has alredy been made so the matter can't be decided again.
• Under this section, society believes that parties need certain dispute litigations needs to end, as per "Interest Republic Ut Sit Finis Litium"
• Under this section you can't be vewryed twice for the same cause.
• Under this section the court believes that there is finality with past litigations
• Key conditions are: the 1st former competent court, the parties were represented & the issue matters should be deemed to be finished.
• Additional Conditions: the matter should also be heard & finally decided. Can't get dismissed.
• Sulochana Amma vs. Nayaranan Nayar pointed out this rule applies to all jurdicial rulings including those of quadi-jurdicial too.
• Nawab Hussain vs. STate of UP is for both rest judicata, consrtuctive res, and can be applied to write petitions
• Shiv Prasad vs. Ramanand prasad narayan says the case are directed by times of wisdom (1960 case Lord lawerence jenkiins) and applies across all times.
• Satyadhyan ghosal vs dutt said rest juduicta gies finatlity to a judicial decision.
• Dutches of kind stone says rest judgemet is a way for the judge, for judgeents to get estopped.

Section 11 Explanations

• Explanation 1: It mentions prior case gets to determine and resolve the outcomde
• Explanation 2: Court gets it's competency here
• Explanation 3: Former suit happens here
• Explanation 4: it focuses on conntritive res to deem it decided to a particualar instance
• Explanation 5 if relif don't get claimed then rest judicata might apply
• Explanation 6 representative suite rest judicata might apply
• Explanation 7 execution precedings may apply
• Explnation 8 limited jurisdications