How will you decide that a suit is of a civil nature? Are the following suits of civil nature?

Question: How will you decide that a suit is of a civil nature? Are the following suits of civil nature? [JJS 2017]

Find the answer to the mains question only on Legal Bites. [How will you decide that a suit is of a civil nature? Are the following suits of civil nature?]

• Right to take out a religious procession
• Right to franchise

Answer

The suit in which the principal question relates to civil rights is a civil suit. The Code of Civil Procedure, 1908 is implemented for civil cases and civil courts. The civil courts cannot try any other suits which not come under civil nature. The civil suits are divided into two:-

• Suits of civil nature
• Suits of not civil nature

According to section 9, civil courts are only competent to try the suits of civil nature only; for example cases including Adoption, Easement, Marriage, Rent, and Specific relief.

The concept underlying section 9 of CPC, suggests that the civil court tries only suits of civil nature. It states that the court shall have jurisdiction to try all suits of a civil nature excepting suits in which their cognizance is either expressly or impliedly barred. Cognizance means giving attention to something.

There may be mixed suits that came before the civil courts. For example, suits a mixture of civil rights and religious rights. In this case, the court will take the suit into consideration only if certain questions are answered:-

1. Whether the suit at prima facie is of civil right and the religious right is only a subsidiary question, and then the suit is of civil nature.
2. If the suit in respect of dignity related to an office will not come under civil nature.

The questions purely relating to caste or religious ceremonies are decided by the community or religious heads like priests, spiritual heads, etc. On the other side, questions that are political in nature are decided by public administrative authorities.

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