Suit of Civil Nature

  Lecture -1

Q. 1 What do you mean by Civil right, civil proceeding and Suit of Civil Nature?

(b) “A civil court shall have jurisdiction to try all the suits of civil nature, unless barred.” Explain the term suit of civil nature in this provision.

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

(i)                          Right to take out a religious procession.

(ii)                       Right of Pardanashin lady to observe Purda.

(iii)                    Right to franchise.

Section 9 Court to try all civil suits unless barred- The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature excepting suit of which their cognizance is either expressly or impliedly barred.

The word “civil” pertains to rights and remedies of a citizen as distinguished from criminal, political, etc. The expression “civil proceedings” covers all proceedings in which a party asserts the civil right conferred by civil law.

Suits may be divided into two classes  (a) those which are of civil nature, and (b) those which are not of civil nature. The expression ‘civil nature’ is wider than the expression ‘civil proceeding’. Thus, a suit is of civil nature if the principal question therein relates to the determination of a civil right and enforcement thereof. It is the subject matter of the suit which determines whether or not a suit is one of civil nature.

Suits of civil nature:-

Following are suits of a civil nature:

(i)                          Suits relating to right to property (Sinha Ramanuja v. Ranga Ramnuja, AIR 1961 SC 1720)

(ii)                       Suit by government servant for arrears of salary (State of Bihar v. Abdul Majid AIR 1954 SC 245)

(iii)                    The right to worship in a temple is civil right  (Narhari v. Badrinath Temple  Committee, AIR 1952 SC 245)

(iv)                     Right to religious procession (Saikh piru v. Kalandi Pati, AIR 1964 Ori 18. Syed Farzand Ali v. Nasim Beg, AIR 1983 ALL 342).

(v)                        Right to burial (Jang Bahadur v. Wazir Khan, 1930 Oudh 54)

(vi)                     Right to franchise (Sailendernath Misra v. Ram chander, AIR 1921 Cal 85).

(vii)                  Suit for dissolution of marriage.

(viii)               Suit for restitution of conjugal rights.

(ix)                     Rights of person as a member of a club (Ram charan v. Shridhar, AIR 1962 ALL 619).

(x)                        Suits for rent (Sultan v. Ganesh AIR 1988 SC 716).

(xi)                     Suit for damages (Kamal kumar Puri v. B.M. Engineering works AIR 1982 SC 1173)

Suits which are not of Civil nature:-

The following are some of the instance which are not suits of civil nature.

(i)                            Right to privacy- Right to privacy is not recognized by law (Sayyed Azuf v. Ameerubibi (1895) I.L.R. 18 Mad 163). However, where purdah system is prevailing, it gives rise to a cause of action (Abdul Rahman And Ors. vs Bhagwan Das And Ors((1907 29 All 582).

(ii)                       Suits involving principally cast questions, A suit in which principal question is one relating to cast is not a suit of civil nature.   (S. Swingaradoss v. Zonal manager, FCI AIR 1996 SC 1182)

(iii)                    Suits relating purely to religious rites or ceremonies. (Narayana Mudali v. Peria Kalathi Mudali, AIR 1939 Mad 494)

(iv)                     Suits for merely upholding dignity or honour, (Sinha Ramanuja v. Ranga Ramnuja, AIR 1961 SC 1720)

(v)                        Suits for recovery of voluntary payments or offerings.