Civil court jurisdiction remains wide unless expressly barred; suit over alleged illegal company appointments stayed maintainable.

Civil court jurisdiction under Section 9 CPC remains broad and is excluded only by express statutory bar or necessary implication. Where a special statute does not provide a complete, adequate and efficacious forum for the pleaded grievance, a civil suit is maintainable. Applying that principle to alleged illegal appointments and company management decisions, the High Court noted that the Companies Act did not shownly provide an alternative remedy sufficient to displace civil jurisdiction, and the dispute involved civil claims and alleged breach of statutory requirements in making appointments. The challenge to maintainability was therefore rejected and the suit was held not barred.

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Issues: Whether the civil suit challenging the alleged illegal appointments and company management decisions was barred by the Companies Act and whether the civil court's jurisdiction was excluded.

Analysis: The settled rule is that civil court jurisdiction, being wide under Section 9 of the Code of Civil Procedure, is not excluded unless the statute expressly bars it or such exclusion necessarily follows by implication. Where a special statute creates rights and liabilities and provides a complete and efficacious forum and remedy, the civil court may be excluded; but exclusion is not readily inferred. Applying that principle, no provision of the Companies Act was shown to confer an adequate forum or remedy for the grievances pleaded, and the allegations were of civil nature and of breach of statutory requirements in making appointments. The mere reference to Section 10 of the Companies Act did not establish a bar to the suit.

Conclusion: The suit was not barred and the civil court had jurisdiction to entertain it; the revision failed.

Final Conclusion: The impugned order sustaining maintainability of the suit was upheld, and the challenge to civil court jurisdiction was rejected.

Ratio Decidendi: Exclusion of civil court jurisdiction must be shown by express statutory bar or necessary implication, and where no adequate and efficacious alternative remedy is provided for the pleaded civil grievance, the civil suit remains maintainable.

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