In a case, the principal dispute between the parties is with regard to religious rites to be performed in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any, on this point. 

Question: In a case, the principal dispute between the parties is with regard to religious rites to be performed in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any, on this point.

Find the answer to the mains question only on Legal Bites. [In a case, the principal dispute between the parties is with regard to religious rites to be performed in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer to case law, if any, on this point.]

Answer

In the case of Koil Pillai v. Territorial Commandor (1993) 2 MLJ 117, the court stated that the word “ritual” means pertaining or relating to or connected with rites. The word “rile” is a formal procedure or act in a religious or other solemn observance. The suit pertaining to ritual is not one within the cognizance of the civil courts. The civil court has no jurisdiction to prescribe the modes of worship, prayers, and religious precedence where no question of civil right really arises.

The well-established legal position is that suits relating to rites or rituals in a place of worship are not of civil nature. However, the right to worship is a civil right that can be agitated in a civil court. The courts will not endeavour to lay down a ritual that is to be followed in the worship.

The suit to ask a right regarding the conduct of a ritual is not maintainable. So Section 9 of the Code of Civil Procedure is a bar to the maintainability of the present action which is one for observance of certain ritual simpliciter.

Thus, in view of the above-referred case, it can be said that the principal dispute between parties is related to the performance of religious rites in a Mandir, hence the suit is not of a civil nature.

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