The question (15 marks)
Section 9 of the Code of Civil Procedure 1908 is the source of the civil court's jurisdiction. Explain the scope of the section, the two ways in which cognizance may be taken away, and the position where a suit properly before the civil court contains an issue committed by statute to a special authority. (15 marks)
MU Module I, heads 1.1 and 1.4
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Introduction of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Gundaji Satwaji Shinde v Ramchandra Bhikaji Joshi
- Code of Civil Procedure 1908, s. 9 and its Explanation
- Code of Civil Procedure 1908, Order VII Rule 11(d), on rejection where the suit is barred by law
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.