Sec 5 & 9 CPC Application Template

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Title: Application Under Section 5,9 Code of Civil Procedure Format

Need a reliable Application Under Section 5,9 Code of Civil Procedure Format for your civil litigation needs in India? Download our ready-to-use, customizable legal template in PDF or Word format today and save time on drafting.

What is an Application Under Section 5,9 Code of Civil Procedure?

An Application Under Section 5,9 Code of Civil Procedure is a crucial legal document filed in Indian civil courts. Section 9 of the Code of Civil Procedure (CPC), 1908, empowers courts to try all civil suits unless expressly or impliedly barred. Section 5 relates to the application of CPC provisions in specific contexts, often invoked alongside Section 9 to seek extension of time or affirm jurisdiction in delayed filings. This format is commonly used when there's a delay in instituting a suit or application, requesting condonation under relevant provisions read with the Limitation Act, ensuring your case isn't dismissed on technical grounds.

In practice, this application helps litigants overcome procedural hurdles, making it indispensable for maintaining the right to a fair trial under Indian law.

Why is an Application Under Section 5,9 Code of Civil Procedure Format Important?

Filing on time is critical in civil proceedings, but genuine delays due to unavoidable reasons like illness, lack of knowledge, or logistical issues can jeopardize your claim. An Application Under Section 5,9 Code of Civil Procedure Format provides a structured way to seek court's discretion for condonation of delay while asserting jurisdiction under Section 9.

Key benefits include:

Prevents dismissal of suits on limitation grounds.
Demonstrates sufficient cause for delay, as required by courts.
Ensures compliance with CPC requirements for jurisdiction.
Saves legal drafting costs with our professional ready-to-use legal template.

Indian courts, including High Courts and District Courts, frequently entertain such applications, emphasizing 'sufficient cause' to balance justice and procedure.

Key Elements of the Application Under Section 5,9 Code of Civil Procedure Format

A well-drafted Application Under Section 5,9 Code of Civil Procedure sample must include:

Court Details: Name and address of the competent court.
Parties Involved: Applicant (plaintiff) and respondent details.
Cause Title: Reference to the main suit or proceeding.
Facts of the Case: Chronology of events leading to delay.
Grounds for Delay: Detailed 'sufficient cause' explanation (e.g., medical certificates, affidavits).
Legal Provisions: Invocation of Sections 5 and 9 CPC, along with Section 5 of Limitation Act if applicable.
Prayer Clause: Specific relief sought, like condonation of delay and permission to proceed.
Verification and Affidavit: Signed by the applicant with supporting documents.

Our customizable Application Under Section 5,9 Code of Civil Procedure Format incorporates all these elements for court-ready submission.

Who Should Use This Application Under Section 5,9 Code of Civil Procedure Template?

This legal template is ideal for:

Plaintiffs facing delay in filing civil suits for recovery, injunctions, or declarations.
Businesses in commercial disputes requiring jurisdictional clarity.
Individuals in property, family, or debt recovery cases across India.
Lawyers streamlining drafting for District Courts, High Courts, or tribunals.

Common use cases: Delayed property suits, contract breaches, or partition matters where time limits were missed inadvertently.

Download Your Application Under Section 5,9 Code of Civil Procedure Format Now

Get instant access to our free download of the Application Under Section 5,9 Code of Civil Procedure Format in PDF/Word. Customize it effortlessly with your details or use AI-assisted tools for personalization. Perfect for advocates, law firms, and self-represented litigants seeking professional results.

Important Note: While this ready-to-use Application Under Section 5,9 Code of Civil Procedure sample is designed by legal experts, it is not a substitute for professional legal advice. Consult a qualified lawyer to tailor it to your specific case and ensure compliance with local court rules. Explore related templates like Affidavit for Delay Condonation, Plaint Format, or Section 9 CPC Suit for comprehensive legal support.

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APPLICATION UNDER SECTION 5,9 CODE OF CIVIL PROCEDURE

APPLICATION UNDER SECTION 5/9 CODE OF CIVIL PROCEDURE

IN THE COURT OF THE....................

Suit No..................... of 19....................

C. D.................................................................... Plaintiff

versus

C. F................................................................. Defendant

The abovenamed plaintiff most respectfully submits as under: ?

1. That the defendant has taken objection as to jurisdiction of this Court at the very inception in para No..................... of the written statement.

2. That in the plaint prayer No...................... a relief as to title by will or inheritance to tenancy land is sought which is barred by the provisions of Section 5/9 Code of Civil Procedure, Section 331 of the U. P. Zamindari Abolition and Land Reforms Act and Section 233 of the U. P. Land Revenue Act.

3. That the learned Court has also framed an issue No..................... as to jurisdiction of this Court which issue is essential to be decided as preliminary issue before taking evidence of the parties and disposing of all issues which will be an unnecessary wastage of time of the Court and expenses of the parties.

4. That the suit is a colourable litigation filed under the make-belief of obtaining permanent injunction to restrain the defendant from interfering into his possession, but by way of this suit for granting an injunction the plaintiff wants to get the issue of title decided by this Court, which only a competent Revenue Court has jurisdiction to decide.

PRAYER

It is, therefore, most respectfully prayed that Your Honour may be pleased to decide the issue No..................... as to jurisdiction as the preliminary issue and reject or return the plaint as this Court may deem fit.

Plaintiff

Through Advocate

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.

Verified on this................. day of.................... 19.................... at....................

Plaintiff

CASE LAW

Section 5

CIVIL COURTS? JURISDICTION IN REVENUE MATTERS BARRED.

The Civil Courts have no right to issue an injunction in respect of revenue matters because there is an inherent lack of jurisdiction.1

The Supreme Court has laid down:

No doubt if the suit is one properly entertainable by the Civil Court the period of limitation must be governed by the provisions of the Limitation Act and no other. But if one reads section 209 and 331 of the U. P. Zamindari Abolition and Land Reforms-Act (I of 1951) together one finds that a suit like the instant one has to be filed before a special court created under the Act within a period of limitation specially prescribed under the Rules made under the Act and the jurisdiction of the ordinary Civil Court is absolutely barred.2

SUB-SECTION (2) ? APPLICATION OF THE PROVISION TO DELHI HIGH COURT?S ORIGINAL JURISDICTION.

Under the Delhi High Court Act, 1966, a suit valuing more than fifty thousand rupees is triable by the High Court in its original side. As such the Delhi High Court having ordinary original civil jurisdiction in respect of Union Territory of Delhi is competent to try such suit, taking it as a suit of civil nature.3

IMPORTANCE OF THE SECTION ? APPLICATION OF THE CODE TO REVENUE COURTS ? PROVISIONS OF SECTION 104 DO NOT SEEK, LIMIT OR AFFECT THE PROVISIONS OF LETTERS PATENT.

The importance of this section is that wherever the provisions of the Code of Civil Procedure are sought to be excluded by any special enactment which may be silent on the point, the State Government can by notification apply the provisions of Revenue Courts. All other civil courts would normally be governed by the provisions of the Code of Civil Procedure in the matter of procedure. Section 4(1) of the Code which is a saving provision clearly provides that in the absence of any specific provision to the contrary the provisions of the Code do not limit or affect any special or local law. Thus the test contained in Section 4 is not applicable in the instant case because even if the Letters Patent of the High Court be deemed to be special law as contemplated by Section 4 the provisions of Section 104 do not seek to limit or affect the provisions of the Letters Patent.4

APPLICATION OF THE CODE TO REVENUE COURTS ? JURISDICTION OF ORDINARY CIVIL COURT WHEN BARRED.

The Supreme Court had laid down:

No doubt if the suit is one properly entertainable by the Civil Court the period of limitation must be governed by the provisions of the Limitation Act and no other. But if one reads section 209 and 331 of the U. P. Zamindari Abolition and Land Reforms Act (I of 1951) together one finds that a suit like the instant one has to be filed before a special court created under the Act within a period of limitation specially prescribed under the Rules made under the Act and the jurisdiction of the ordinary Civil Court is absolutely barred.5

1. Bhagwati Prasad v. Haji Ramzanali, 1976 R. D. 232 (R.R.).

2. Chandrika Misir v. Bhaiyalal, 1973 R. D. 365 (S.C.).

3. I. L. R. (1979) 1 Delhi 236.

4. Shah Babulal Khimji v. Jayaben D. Kania and another, (1981) 4 S.C.C. 8: A.l.R. 1981 S.C. 1786: (1982) 1 S.C.R. 187.

5. Chandrika Misir v. Bhaiyalal, 1973 R.D. 365 (S.C.).

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Important Guidelines

Guideline for Drafting an Application Under Section 5, 9 Code of Civil Procedure (CPC):

Usage: An application under Section 5, 9 of the Code of Civil Procedure (CPC) is a legal document used in civil litigation in India. It is typically filed to request the court for the extension of time to meet certain legal requirements or to seek relief from the consequences of non-compliance with court orders. Common situations where this application is used include seeking an extension for filing a written statement, an appeal, or other legal documents. Here's a concise guideline:

Title and Parties: Begin with a clear title, such as "Application Under Section 5, 9 CPC," and identify the parties involved, including the applicant and opposing party.

Court Details: Mention the name of the court where the case is pending and provide the case number and year.

Legal Provision: Specify the relevant provisions of the CPC, i.e., Section 5 (extension of time) and Section 9 (relief against non-compliance), depending on the situation.

Facts and Grounds: Clearly state the facts that necessitate the application and the legal grounds for seeking an extension or relief.

Prayer: Clearly articulate the relief you are seeking from the court, whether it's an extension of time, relief from non-compliance, or any other specific relief.

Supporting Affidavit: Attach an affidavit explaining the reasons for the delay or non-compliance and providing any supporting evidence.

Notice to Opposing Party: Ensure that notice of the application is served to the opposing party as per court rules.

Common Mistakes to Avoid:

Inadequate Explanation: Failing to provide a valid and convincing reason for seeking an extension or relief can lead to rejection. Failure to Serve Notice: Ensure proper notice is served to the opposing party, as the court may not consider the application if the other party is not given an opportunity to respond. Non-compliance with Court Rules: Follow the specific court rules and procedures for filing such applications, including timelines and format. Lack of Supporting Evidence: If applicable, include supporting documents or affidavits to substantiate your claim for relief. It's essential to consult with a legal professional or advocate familiar with the specific rules and procedures of the court where your case is pending to draft an effective application under Section 5, 9 CPC. This can help you secure the necessary extensions or relief in your legal proceedings.

Frequently asked questions

What is the purpose of an Application under Section 5 and 9 of the Code of Civil Procedure?→

This legal application under CPC seeks condonation of delay in filing a civil suit (Section 5) and affirms the court's jurisdiction to try all civil suits (Section 9) in India.

Is this Application under Section 5 and 9 CPC legally valid in India?→

Yes, this customizable template complies with the Code of Civil Procedure, 1908, and is valid for use in Indian courts after proper execution, stamping, and filing.

Do I need to pay stamp duty or court fees for this application?→

Yes, as per the Indian Stamp Act and Court Fees Act, applicable court fees and stamp duty must be paid based on the state and relief claimed before filing in court.

In what format can I download this Application under Section 5 and 9 CPC?→

Download this legal document template in editable Word or PDF format for easy customization and printing.

Can I customize or edit this Application template?→

Absolutely, this India-specific legal template is fully editable; modify details like cause of delay, parties involved, and facts to fit your case.

Who should use an Application under Section 5 and 9 of CPC and when?→

Plaintiffs or appellants facing delay beyond limitation period should use this in Indian civil courts to seek extension and jurisdiction confirmation.

APPLICATION UNDER SECTION 5,9 CODE OF CIVIL PROCEDURE

APPLICATION UNDER SECTION 5/9 CODE OF CIVIL PROCEDURE

IN THE COURT OF THE....................

Suit No..................... of 19....................

C. D.................................................................... Plaintiff

versus

C. F................................................................. Defendant

The abovenamed plaintiff most respectfully submits as under: ?

1. That the defendant has taken objection as to jurisdiction of this Court at the very inception in para No..................... of the written statement.

PRAYER

Plaintiff

Through Advocate

VERIFICATION

Verified on this................. day of.................... 19.................... at....................

Plaintiff

CASE LAW

Section 5

CIVIL COURTS? JURISDICTION IN REVENUE MATTERS BARRED.

The Civil Courts have no right to issue an injunction in respect of revenue matters because there is an inherent lack of jurisdiction.1

The Supreme Court has laid down:

SUB-SECTION (2) ? APPLICATION OF THE PROVISION TO DELHI HIGH COURT?S ORIGINAL JURISDICTION.

IMPORTANCE OF THE SECTION ? APPLICATION OF THE CODE TO REVENUE COURTS ? PROVISIONS OF SECTION 104 DO NOT SEEK, LIMIT OR AFFECT THE PROVISIONS OF LETTERS PATENT.

APPLICATION OF THE CODE TO REVENUE COURTS ? JURISDICTION OF ORDINARY CIVIL COURT WHEN BARRED.

The Supreme Court had laid down:

No doubt if the suit is one properly entertainable by the Civil Court the period of limitation must be governed by the provisions of the Limitation Act and no other. But if one reads section 209 and 331 of the U. P. Zamindari Abolition and Land Reforms Act (I of 1951) together one finds that a suit like the instant one has to be filed before a special court created under the Act within a period of limitation specially prescribed under the Rules made under the Act and the jurisdiction of the ordinary Civil Court is absolutely barred.5

1. Bhagwati Prasad v. Haji Ramzanali, 1976 R. D. 232 (R.R.).

2. Chandrika Misir v. Bhaiyalal, 1973 R. D. 365 (S.C.).

3. I. L. R. (1979) 1 Delhi 236.

4. Shah Babulal Khimji v. Jayaben D. Kania and another, (1981) 4 S.C.C. 8: A.l.R. 1981 S.C. 1786: (1982) 1 S.C.R. 187.

5. Chandrika Misir v. Bhaiyalal, 1973 R.D. 365 (S.C.).

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