What is the nature of the suit in which the right to property or to an office is contested. Will it make any difference if such right depends entirely on the decision of questions as to religious rites or ceremonies?

Question: What is the nature of the suit in which the right to property or to an office is contested. Will it make any difference if such right depends entirely on the decision of questions as to religious rites or ceremonies?

Find the answer to the mains question only on Legal Bites. [What is the nature of the suit in which the right to property or to an office is contested. Will it make any difference if such right depends entirely on the decision of questions as to religious rites or ceremonies?]

Answer

The answer to the present question lies in Section 9 of CPC, 1908.

Section 9 of CPC states that the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred.

Explanation I—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.

Explanation II—For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.

‘Civil Suit’ has not been explained in any act. In the case of Kehar Singh Nihal Singh v. Custodian General AIR 1959 P H 58, the court elaborated the concept of Civil proceeding. It was defined as a grant of private rights to individuals or corporations of society. The objective of the action is the reward or recovery of private rights. In other words, a civil action may be described as the proceeding between two parties for implementation or redressal of private rights.

The expression ‘suit of civil nature’ will cover the private rights and obligations of the citizens. The political and religious question is not covered by a suit of a civil nature. A suit in which the principal question is related to caste or religion is not a suit of a civil nature. But if the main question in a suit of civil nature involves the decision relating to caste question or to religious rites and ceremonies it does not terminate to be a suit of a civil nature. The court has jurisdiction to decide those questions also, in order to decide the important question which is of civil nature.

Thus, the ‘Civil Court has primary jurisdiction in all types of civil matters as per Section 9 of CPC unless the action is expressly or impliedly barred.” This means that Legislature can defeat the jurisdiction of the civil court by adding a provision or clause in any Act itself. Hence, from a plain reading of the above-mentioned section, Explanation I makes it clear that a suit in which a right to property or an office is contested, is a suit of civil nature, even if such rights entirely depend on the decisions of questions as to religious rites or ceremonies.

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