Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?

Question: Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?

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Answer

Supreme Court in the case of Kanbi Manji Abji And Others v. Kanbi Vaghji Mavji, AIR 1993 SC 1163 case held that a suit is not of civil nature if it involves a purely religious question. In the present problem a suit by ‘A’ for a declaration that religious rites performed by ‘B’ during Seva Puja of a deity were not proper, is a suit related to purely religious matter and does not involve any question of civil right nor does it involves any question of the right to property or to an office.

Section 9 Explanation I of C.P.C says,

"A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies."

It is to be noted that a suit for declaration is a suit of civil nature if it involves the question of the legal right of the citizen or the question of the right to property or to an office. It was held so by Supreme Court in Annie Besant National Girls High School v. Deputy Director of Public Instruction, AIR 1983 SC 526.

Thus, from the aforesaid case laws, it is clear that the religious rites performed by ‘B’ during the Seva Puja of a deity cannot be put under the category of civil nature.

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