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    Civil Nature

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    Z_Jahangeer
    The Courts shall have jurisdiction over civil suits, except those expressly or impliedly barred. A suit concerning property rights or office rights that depends on religious rites is a civil suit. A suit regarding declaration and rights to an office/honors/privileges in a temple is also civil. Certain suits are barred by the code itself, such as issues already decided (res judicata) or execution/discharge of decrees. Suits can also be impliedly barred by general legal principles or public policy. Civil Courts can try civil suits as long as the suit is of a civil nature and jurisdiction is not expressly or impliedly barred by another court/tribunal.

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    Civil Nature

    Uploaded by

    Z_Jahangeer
    1K views3 pages
    The Courts shall have jurisdiction over civil suits, except those expressly or impliedly barred. A suit concerning property rights or office rights that depends on religious rites is a civil suit. A suit regarding declaration and rights to an office/honors/privileges in a temple is also civil. Certain suits are barred by the code itself, such as issues already decided (res judicata) or execution/discharge of decrees. Suits can also be impliedly barred by general legal principles or public policy. Civil Courts can try civil suits as long as the suit is of a civil nature and jurisdiction is not expressly or impliedly barred by another court/tribunal.

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    The Courts shall have jurisdiction over civil suits, except those expressly or impliedly barred. A suit concerning property rights or office rights that depends on religious rites is a civil suit. A suit regarding declaration and rights to an office/honors/privileges in a temple is also civil. Certain suits are barred by the code itself, such as issues already decided (res judicata) or execution/discharge of decrees. Suits can also be impliedly barred by general legal principles or public policy. Civil Courts can try civil suits as long as the suit is of a civil nature and jurisdiction is not expressly or impliedly barred by another court/tribunal.

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    © All Rights Reserved
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    1K views3 pages

    Civil Nature

    Uploaded by

    Z_Jahangeer
    The Courts shall have jurisdiction over civil suits, except those expressly or impliedly barred. A suit concerning property rights or office rights that depends on religious rites is a civil suit. A suit regarding declaration and rights to an office/honors/privileges in a temple is also civil. Certain suits are barred by the code itself, such as issues already decided (res judicata) or execution/discharge of decrees. Suits can also be impliedly barred by general legal principles or public policy. Civil Courts can try civil suits as long as the suit is of a civil nature and jurisdiction is not expressly or impliedly barred by another court/tribunal.

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    The key takeaways are that civil courts have jurisdiction over civil suits except those expressly or impliedly barred, and examples are provided of suits that would be considered civil or not civil in nature.

    Examples of suits considered civil in nature include suits relating to rights to property, worship, share in offerings, damages for civil wrongs, specific relief, rent, restitution of conjugal rights, dissolution of partnerships, accounts, and damages for breach of contract.

    Examples of suits not considered civil in nature include a suit for declaration of a member of a caste refrained from invitation to a caste dinner, for expulsion of a member from the caste, and those involving purely religious rites or ceremonies.

    The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil

    nature excepting suits of which their cognizance is either expressly or impliedly barred.
    Explanations
    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.
    In the case of Vanamalia Ramanuja Jeer Vs. Shri Ranga Ramanuja Jeer , Honble Supreme Court
    of India laid down that the following principles are to be borne in mind when deciding the
    question as to whether a right to a religious office would be a right of a civil nature :i) A declaratory suit simpliciter for religious honour and privileges is not a suit of a civil nature.
    ii) A suit for a declaration and to establish ones right to an office in a temple and to honours ,
    privileges , remuneration or requisites attached to such an office , is a suit of civil nature .
    iii) In order to mean an office the holder of the office should be under a legal obligation to
    discharge the duties attached to the said office and for non-observance of which penalties can be
    inflicted on him .
    By the words suits expressly barred section 9 of CPC means to say that there are certain
    types of suits which are barred by the code itself , such as
    i) Section 11 of CPC or resjudicata barred the trial of a suit , in which the matter or issue of the
    parties has already been decided by a competent court .
    ii) Section 47 barred the determination of all questions relating to execution , satisfaction , and
    discharge of decrees .
    iii) Section 10 , Section 95 , Order 2 Rule 2 , Order 9 Rule 9 and Order 22 Rule 11 also barred to file
    fresh suit .

    And by the words Suits impliedly barred section 9 of CPC means to say that there are certain
    types of suits which are --i) barred by general principles of law , and

    ii) barred on the ground of public policy .


    Some statutes also barred the jurisdiction of civil courts and conferred the jurisdiction on
    Tribunals

    Examples of suits of civil nature

    Suits relating to right to property

    Suits relating to right to worship

    Suits relating to right to share in offering

    Suits for damages for civil wrongs

    Suits for specific relief

    Suits for rent

    Suits for restitution of conjugal rights

    Suits for dissolution of partnership

    Suits for or on accounts

    Suits for damages for breach of contract etc.

    Examples of suits not of civil nature

    Suit of declaration of a member of a caste refrained from invitation to a caste dinner

    Suit for expulsion of a member from the caste

    Suits involving purely religious rites or ceremonies

    Suits for upholding mere dignity or honor

    Suits for recovery of voluntary payments of offerings etc.

    Conditions

    A Civil Court can try suits related to civil cases provided the two conditions are satisfied:

    Suit should of civil nature

    Cognizance of such a suit should not have been expressly or impliedly barred (Ex: Because of
    the constitution of a special court / tribunal to deal with such matters)

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