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Which suit can an ordinary civil court try under section 9 of the Code of Civil Procedure, 1908, assuming the stated facts and that the court otherwise has jurisdiction?

Question and options

Which suit can an ordinary civil court try under section 9 of the Code of Civil Procedure, 1908, assuming the stated facts and that the court otherwise has jurisdiction?

  1. A suit over a ceremonial distinction with no civil right at stake

  2. A suit for rendition of accounts under an enforceable legal duty where no statutory bar applies

  3. A civil suit whose cognizance by ordinary civil courts is expressly barred by statute

  4. A suit raising a purely political dispute with no civil right at stake

Answer and explanation

Correct answer: B - A suit for rendition of accounts under an enforceable legal duty where no statutory bar applies

Section 9 allows civil courts to try suits of a civil nature unless cognizance is expressly or impliedly barred. Rendition of accounts under an enforceable legal duty is civil. A statutory bar concerns the court’s ability to try the suit and does not determine its civil nature.

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