Explain the expression ‘Suit of a civil nature.’

Question: Explain the expression ‘Suit of a civil nature.’

or

What do you understand by civil nature of a suit? Explain. [UPJS 2023]

Find the answer to the mains question only on Legal Bites. [Explain the expression ‘Suit of a civil nature.’]

Answer

There is no definition provided in the Code of Civil Procedure nor any guidelines mentioned to determine the ‘civil nature’. A suit can be said to be of civil nature if it involves the determination of civil rights. Civil rights mean the rights and remedies vested in a citizen, within the domain of private law as distinct from rights related to criminal or political matters and public law – [PMA Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001]. 

Civil law deals with disputes between individuals or entities, such as private citizens, corporations, or organizations, where one party seeks a legal remedy, usually in the form of compensation or specific performance, for perceived harm or violation of their rights. A "suit" refers to a legal proceeding initiated by one party, known as the plaintiff or claimant.

Section 9 of the Civil Procedure Code provides that a civil court has jurisdiction to try all suits of civil nature if they are not barred (either expressly or impliedly).

Further Explanation I attached to Section 9 makes it clear that a suit in which the right to property or right to an office is contested is the suit of a civil nature, though such right may depend entirely on the decision of the questions relating to religious rites or ceremonies.

Again Explanation II attached to Section 9 makes it clear that in order to come within the ambit of the expression “suit of a civil nature”, it is not necessary that some fee should be attached to the term ‘Office’ mentioned in Explanation 1 of Section 9.

The expression ‘suit of a civil nature also covers private rights and obligations of a citizen, whether they have been acquired under any rule or regulation or not (Assessing Authority, Ludhiana v. Mansharam, AIR 1965 Punj 459). But purely social, political, and religious questions are not covered by the expression ‘suit of a civil nature.

For example: If the dispute revolves around non-invitation of a person to a caste dinner, it would typically be categorized as a social matter rather than a civil matter. Social matters are often dealt with by community or caste-based institutions, rather than civil courts. However, if the main question in a suit involves a civil matter, such as a right to property or an office, and the adjudication incidentally involves the determination of caste or religious rites or ceremonies, it does not cease to be a suit of civil nature. The civil court would still have jurisdiction to hear the case. In such situations, the caste or religious aspect may be considered as an incidental or ancillary issue in the overall dispute.

Thus, the suit of civil nature highlights that the dispute or issue at hand falls under the purview of civil jurisdiction, focusing on the resolution of private rights and liabilities between the parties involved.

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