Discuss the meaning of the expression 'Suit of Civil Nature' as described in section 9 of Code of Civil Procedure, 1908

 

Meaning of 'Suit of Civil Nature' under Section 9 of CPC, 1908

1. Introduction to Section 9 of CPC

Section 9 of the Code of Civil Procedure, 1908 (CPC) defines the jurisdiction of civil courts and states:

"The courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred."

This provision ensures that civil courts have wide jurisdiction over disputes involving private rights and obligations unless specifically barred by law.

2. Meaning of 'Suit of Civil Nature'

A suit of civil nature refers to a legal dispute concerning private rights and obligations of individuals rather than criminal, political, or religious matters. The term is broadly interpreted to include disputes affecting a person’s legal rights related to property, contracts, status, and liabilities.

A suit is considered to be of a civil nature if:

• The principal question in the dispute involves private rights or property.

• The decision affects civil rights even if some religious, social, or political aspects are involved.

3. Judicial Interpretations and Landmark Cases

Courts have interpreted the phrase 'suit of civil nature' in various judgments:

1. Krishna Bhikaji v. Hari Bhikaji (1887)

   • The Bombay High Court held that a suit in which the principal question is about civil rights, even if it involves a religious issue, is maintainable in a civil court.

2. Sohan Lal v. Union of India (1957)

   • The Supreme Court held that the test for determining whether a suit is of civil nature is whether the primary issue concerns a legal right or obligation.

3. Rafaqat Hussain v. Mohammad Jahangir (1964)

   • It was ruled that if a religious dispute involves the right to property or office, civil courts can entertain it.

4. Illustrations of Suits of Civil Nature

✔ Property disputes (e.g., ownership, possession, easement rights)
✔ Contractual disputes (e.g., breach of contract, recovery of damages)
✔ Matrimonial disputes (e.g., divorce, maintenance, child custody)
✔ Right to office (e.g., dispute regarding the right to a religious office if related to civil rights)
✔ Testamentary matters (e.g., probate, succession)

5. Suits Not of Civil Nature

Civil courts do not entertain cases that purely deal with: ❌ Political questions (e.g., elections to legislative bodies)
❌ Religious matters (e.g., rituals, modes of worship)
❌ Criminal matters (handled by criminal courts)

However, if a religious dispute involves civil consequences, such as property rights or appointment to a religious office, the suit may be entertained.

6. Exclusion of Civil Court Jurisdiction

The jurisdiction of civil courts can be expressly or impliedly barred:

• Express bar: When a statute explicitly excludes civil court jurisdiction (e.g., Industrial Disputes Act, 1947).

• Implied bar: When special tribunals are constituted for a particular subject matter (e.g., Rent Control Acts).

7. Conclusion

The expression 'suit of civil nature' under Section 9 of CPC is interpreted broadly to ensure individuals have access to legal remedies for their civil rights. Unless a statute explicitly or implicitly bars jurisdiction, civil courts can adjudicate upon disputes concerning private rights and liabilities.