The jurisdiction of a civil court in Pakistan is a foundational but unfortunately misunderstood area of law. While the Civil Procedure Code (CPC), 1908, (hereinafter referred to as the Code), establishes broad powers of civil courts, varying statutory provisions and inconsistent precedents have often made it ambiguous whether the jurisdiction is a shield or a maze? This article explores the scope and limitations of civil court Jurisdiction in Pakistan.

The Legal Foundation- Courts to try all civil suits unless barred: –

Section 9 of the Code states: “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.”

Jurisdiction: –

The maxim “Ubi Jus ibi remedium” (where there is a right, there is a remedy) is a basic principle of law. Until or unless the jurisdiction of a civil court is barred either expressly or impliedly, any person having a right has a remedy to institute a suit by virtue of the above-mentioned section. Civil courts are conclusively embedded with jurisdiction to try all suits of a civil nature.

Contrary to any implied or express bar, a civil court has jurisdiction to entertain the suit if the object of the suit is the enforcement and protection of civil rights.

According to Black’s Law Dictionary (hereinafter referred to as BLD), jurisdiction means “A Court’s power to decide a case or issue a decree.”

The term Jurisdiction refers to the legal powers to administer justice in accordance with the law and restrictions imposed by it, if any; otherwise, jurisdiction is generally unlimited. However, if there is any limit placed on it, either expressly or impliedly, it must be strictly complied with. The jurisdiction of a court is initially determined by the facts of the suit, and if the defendant challenges the jurisdiction, the court will first have to determine such facts.

Simultaneous Proceedings: –

Criminal proceedings can go along with civil ones; there is no bar to the simultaneous institution of both proceedings; both are contrary to each other. The object of civil proceedings is to enforce civil rights and obligations, while that of criminal proceedings is to punish crime.

Jurisdiction through consent: –

It is well settled that if the court has no jurisdiction over the matter, no party can confer it, even not by their mutual consent, nor can consent oust the jurisdiction of a court. However, if a party enters into an agreement to dispose of the matter, it could not subsequently challenge the jurisdiction.........

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