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    Question

    With reference to the Code of Civil Procedure, 1908, in which of the following cases Supreme Court stated as under "There is a presumption that a civil court will have jurisdiction and the ouster of civil court jurisdiction is not to be readily inferred."

    A Channamal vs. P. Arumugham AIR (1990) SC 1828 Correct Answer Incorrect Answer
    B Somanathasa vs. Chanabasappa (2008) 10 SCC 685 Correct Answer Incorrect Answer
    C RSRTC. vs. Bal Mukund Bairwa (2009) 4 SCC 299 Correct Answer Incorrect Answer
    D Union of India vs. Naveen Jindal (2004) 2 SCC 510 Correct Answer Incorrect Answer

    Solution

    In the case of Rajasthan State Road Trpt. Corpn. ... vs Bal Mukund Bairwa on 12 February, 2009 Para 10 states as under-  

    “10. The civil court, furthermore, being a court of plenary jurisdiction has the jurisdiction to determine its jurisdiction upon considering the averments made in the plaint but that would not mean that the plaintiff can circumvent the provisions of law in order to invest jurisdiction on the civil court although it otherwise may not possess. For the said purpose, the court in given cases would be entitled to decide the question of its own jurisdiction upon arriving at a finding in regard to the existence of the jurisdictional fact. It is also well settled that there is a presumption that a civil court will have jurisdiction and the ouster of civil court's jurisdiction is not to be readily inferred. A person taking a plea contra must establish the same. Even in a case where jurisdiction of a civil court is sought to be barred under a statute, the civil court can exercise its jurisdiction in respect of some matters particularly when the statutory authority or Tribunal acts without jurisdiction.”

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