The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.

2. Section 9 Code of Civil procedure
to try all civil suits unless barred
“ shall (subject to the provisions here
in contain)have to try all suits
excepting suits of which their
either
”
Explanation: a suit in which the right to
property or to an office is contested is a suit of
civil nature not with standing that such right
may depend entirely on the decision of
questions as to religious rites or ceremonies.

3. Classification of Courts
1.Civil Courts
2.Ciriminal Courts

4. Hierarchy of Courts
 Supreme Court of Pakistan (Apex court)
 Federal Shariat Court of Pakistan
 High Courts of Pakistan (one in each province and also in
federal capital)
 District Courts of Pakistan (one in each district)
 Judicial Magistrate Courts (with power of Section 30 of
Cr.PC only in criminal trials)[1]
 Judicial Magistrate Courts (in every town and city)
 Executive Magistrate Courts (Summary trial court)
 Courts of Civil Judge (judges with power of 1st class and
2nd class cases)
 Anti Terrorism Courts

5. Jurisdiction
The word jurisdiction signifies the scope of power and authority .Jurisdiction is
the extant of the power which is conferred upon the court by its constitution to
try a proceeding .It is a power of a court to hear and determine a cause, to
adjudicate or exercise judicial power in relation to it.

6. Classification of Jurisdiction
1.Subject matter Jurisdiction
2.Pecuniary jurisdiction
3.Territorial Jurisdiction
4.Personal Jurisdiction

7. Territorial Jurisdiction
 Territorial jurisdiction is the power of a tribunal or
authority considered with reference to the territory within
which is to be exercised.It means the geographical limits
within which that authority must act
1. Section 15-19 of the code regulate territorial jurisdiction
in respect of dispute concerning immoveable property
2. Section 20 of the code which regulates determination of
jurisdiction relating to contract provides that a suit may
be instituted where cause of action wholly or partly arises

8. Pecuinary Jurisdiction
 A jurisdiction of a court which is fixed by legislative order,in
accordance with the “West Pakistan Civil Courts Ordinance (ii of
1962).It is necessary that court passing the decree must have
pecuniary jurisdiction over the consideration being allowed by it.
 Determination of pecuniary jurisdiction :
 Suit Valuation Act 1887
 West Pakistan Civil Courts Ordinance ii of 1962
Pecuniary Jurisdiction of civil courts:
• Jurisdiction of civil judge of 1st class is unlimited regarding value
of the suit
• Jurisdiction of Civil judge of 2nd class is limited upto 50,000
• Jurisdiction of Civil judge of 3rd class is limited upto 20,000

9. Personal Jurisdiction
 By virtue of provisions of section 19 and 20; a civil
court has jurisdiction to entertain suits against a
person residing,carring on business or personally
working for gain within its territorial limits

10. Subject matter Jurisdiction
 It refers to the nature of the claim made and the
competency of the court to entertain a claim of such
nature

11. Suits of a Civil Nature
Disputes may either be of a civil nature or not of a civil nature.This section only
empowers a court to entertain actions of a civil nature.Any proceeding which
involves the assertion or enforcement of a civil right is a civil proceeding.A civil
proceeding is a process for recovery of individual right or redress of individual
rights.Civil courts have jurisdiction over all suits of a civil nature,unless their
cognizance is either expressely or impliedly barred.A suit of a civil nature is a
proceeding ,the object of which is enforcement of rights and obligations of citizens.

12. Civil Rights
Civil rights are so called as they inhere in a person by virtue of his being a citizen or a
resident of a state.Such rights may be thise existing at common law or those created
by statute.Rights vesting in a person by virtue of his belonging to a religious or caste
group are as such not civil rights
Examples of proceedings which will be suits of a civil nature are those involving:
Right to worship
Right to take out procession
Right to seek contribution
Right to fishery
Enforcement of rights recognised by law as for instance the right given by the
constitution
Right to burial
Suit for restitution of conjugal rights
Right to recover rent etc

13. Rational basis of Section 9
The maxim “UBI JUS IBI remedium”(where ever there is a right there is a remedy),it
is a fundamental principle of law.Any person having a right has a corresponding
remedy to institute suits in a court unless the jurisdiction of the court is
barred.Whenever the object of the proceedings is the enforcement of civil rights, a
civil court has jurisdiction to entertain the suit independently

14. Bars upon Jurisdiction of Civil
Courts
Under Code of Civil procedure following bars are created upon the jurisdiction of
civil courts:
•Absolute Bars
•Conditional Bars
•Special Bars

15. Absolute Bars
1. Res Sub Judice u/s 10:
Section 10 prevents a subsequent courts to try a suit in
which the matter directly and substantially in issue,
is also directly and substantially in issue, in a former
suit between the same parties under the same title
and such suit is pending

16. Absolute Bars
2.Res Judicata u/s 11:
Where there is a judgement inter parties, it will prevent
a fresh suit between them regarding the same
matters
3.Questions to be determined by Court Executing
Decree u/s 47:
All questions arising between the parties to the suit in
which the decree was passed shall be determined by
the court executing decree and not by a seperate suit

17. Absolute Bar
 4.Restitution u/s 144 :
No suit shall be instituted for the purpose of obtaining
or other relief,which could be obtained by application
5.Suit to include the whole Claims u/s O.2 Rule 2:
Every suit shall include the whole of claim but where a
plaintiff omits to sue,in respect of ,or intentionally
relinquishes any portion of his claim,he shall not
afterwards sue in respect of the portion so omitted or
relinquished

18. Absolute Bar
 6.Decree against plaintiff by default Bars fresh Suit
:u/s O.9 rule 9:
Where a suit is dismissed due to the default of the
plaintiff then the plaintiff is precluded from bringing a
fresh suit, in respect of the same cause of action
7.An Insolvent Person u/O.22 rule 9:
An insolvent person is barred from filing a suit

19. Absolute Bar
 8.Withdraw of suit or abandonment of part of claim
u/O.23 Rule 1:
At any time after the institution of a suit ,the plaintiff
may withdraw his suit or abandon part of his claim,as
against all or any of the defendants.No fresh suit can
be instituted on the same subject matter or claim as
has been with drawn or abandoned

20. Conditional Bars
 1.Suit by Allien u/s 83:
Alien residing in Pakistan can only sue in the court of
pakistan ,when they get the permission from the
federal government
2.Suit by Foreign States u/s 84:
A foreign state may sur in any court in pakistan if it has
been recognized by the federal govt

21. Special Bar
 1. Suit for Breach of Trust u/s 92:
In case of any breach of an express or constructive trust
created for the public purposes of a charitable or
religious nature a suit can be filed by the advocate
general or two or more person having an interest in the
trust and having obtained the consent in writing of the
advocate general.

22. Other Bars
1. Criminal matters
2. Revenue Matters
3. Family matters
4. Act of state
5. Public Policy
6. Special tribunals

23. THE END