The civil court can try all suits of civil nature and  jurisdiction is of four kinds. Discuss.

Question: “The civil court can try all suits of civil nature and jurisdiction is of four kinds.” Discuss.

Or

“A civil court shall have jurisdiction to try all the suits of civil nature unless barred.” Explain the term suits of a ‘Civil nature’ in this provision.

Find the answer to the mains question only on Legal Bites. [“The civil court can try all suits of civil nature and jurisdiction is of four kinds.” Discuss. Or “A civil court shall have jurisdiction to try all the suits of civil nature unless barred.” Explain the term suits of a ‘Civil nature’ in this provision.]

Answer

Civil Suits are divided into-

1. Suits of a civil nature and
2. Suits not of a civil nature.

The Civil courts have jurisdiction to try suits of a civil nature. They have no jurisdiction to try suits, not of a Civil-nature. This principle is laid down in Section 9 of CPC, 1908. It says that the Civil Courts have jurisdiction to try all suits of a civil nature except those that are expressly or impliedly barred.

It has two explanations.

1. A suit in which the right to property or to an office is contested, is a suit of a civil nature, even though such a right is connected with a religious right or with a religious ceremony,
2. It is immaterial whether or not any fees had been attached to an office or such an office was attached to a particular place or not.

Example: i) Suits of Civil nature: Matters relating to Easement, Adoption, Marriage, title to the property, to run a customary bull race, right to burial.

ii) Suits not of a civil nature: Suit for claiming Dakshina for worship at a temple by the pujari (worshipper), political questions, etc.

Suit of Civil Nature

In order that a civil court may have jurisdiction to try a suit, the first condition which must be satisfied is that the suit must be of a civil nature. But what is a suit of a civil nature?

The word “civil” has not been defined in the Code. But according to the dictionary meaning, it pertains to private rights and remedies of a citizen as distinguished from criminal, political, etc. The word ‘nature’ has been defined as ‘the fundamental qualities of a person or thing; identity or essential character; kind, character. It is thus wider in content. The expression ‘civil nature’ is wider than the expression ‘civil proceeding’.

Thus, a suit is of a civil nature if the principal question therein relates to the determination of a civil right and enforcement thereof. It is not the status of the parties to the suit, but the subject matter of it that determines whether or not the suit is one of a civil nature.

Kinds of Jurisdiction

A Civil Court has the following four kinds of jurisdiction-

1. Jurisdiction over the Subject Matter– Different Courts has been allotted different types of work. A small Causes Court has authority to try only certain suits of noncontentious types, e.g., suit in respect of loan on promissory notes or bonds, suits for recovery of the price of goods supplied or work done but it has no jurisdiction to try suits for partition or for injunction or for immovable properties or for specific performance of a contract. The District Judge alone has jurisdiction in respect of testamentary and cases of guardianship.
2. Local or Territorial Jurisdiction– The territorial limit of the jurisdiction of a Court is fixed by the Government, and beyond that limit, it has no jurisdiction. Thus, the District Judge has jurisdiction within his district. The High Court has jurisdiction over its State only and not beyond. Munsif s jurisdiction is also limited to a particular area.
3. Pecuniary Jurisdiction– Some of the Courts is authorized to entertain suits or appeals up to a particular amount. Munsifs are generally authorized to entertain suits up to the value of Rs. 500000, in Uttar Pradesh, the Civil Judges have jurisdiction for suits above 25,000 Rupees. The High Court has no pecuniary limitations. Some of the Small Causes Judges are empowered up to Rupees; 10,000/- and others only up to Rs. 2000.
4. Original or Appellate Jurisdiction– Some of the Courts exercise only original jurisdiction e.g., the Munsif, and the Judges of the Small Causes Courts. The Civil Judges, District Judges, and the High courts have been conferred appellate powers.

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