What is Suit of Civil Nature (Bar on Suits) – Section 9 of CPC

ByAkash Code of Civil Procedure

Suit of civil nature in CPC is nowhere provided. But, in this article, we will see in detail the provisions relating to suit of civil nature provided under section 9 of the Civil Procedure Code, 1908.

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What is Suit of Civil Nature (Bar on Suits) – Section 9 of CPC

Suit of Civil Nature in CPC Meaning

We did not find the meaning of civil suit nature anywhere in the Civil Procedure Code, 1908.  Therefore, there is no precisely provided meaning of a suit of civil nature under CPC.

The simple meaning is that a civil court may have jurisdiction to try all the suits, but the first condition is that the suit must be of a civil nature.

We can enumerate the term as any suit which does not come under criminal in nature can be known as ‘Suits of Civil Nature.’

In simple words, the civil nature meaning can be defined as if there is a suit that determines and implement the civil rights of an individual or a group of individuals.

Bar on Suits (Section 9 of CPC)

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

Sec 9 CPC, speaks about the power and jurisdiction of the court to entertain all types of suits of civil nature under CPC.

Explanation – I

A suit in which the right to property or to an office is contested is a suit of civil nature, notwithstanding that such right may depend entirely on the decision of the question as to religious rites or ceremonies.

Explanation – II

For the purpose 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 the such office is attached to a particular place.

Explanation of Doctrine

As per section 9 of the code, the Civil Courts can try all suits of civil nature in CPC, when the following conditions are fulfilled;

  1. The suit should be of civil nature,
  2. The cognizance of the suit should not be barred, and 
  3. The suit should not be expressly or impliedly barred.

1. The suit should be of civil nature

As we stated above, the meaning of the ‘civil nature of suit’ could not be found in the Code of Civil Procedure, 1908. So, the general meaning of the term is that every suit which not come under the criminal in nature is a suit of civil nature.

Case Law

In the case of Kehar Singh and Nihal Singh vs Custodian General, the court held that the court embellished the concept of Civil proceeding. It was determined as a grant of private rights to individuals.

2. The cognizance of the suit should not be barred

Anyone who has an issue or complaint which is of civil nature has been empowered to file the civil suit unless the court or government specifically barred him from filing the civil suit.

3. The suit should not be expressly or impliedly barred

When any Act prohibits the person to file a suit of civil nature then it is to be known as the suit is expressly barred.

Whereas, when any general principles of law prohibit the person to file a suit of civil nature then it is to be known as the suit is impliedly barred.

According to Order VII Rule 11 of the Civil Procedure Code, 1908, there is a remedy which empowers the court to dismiss the suit in default even without recording the evidence and conducting a hearing when the court is satisfied that it falls under any of the grounds contained in this provision. The courts are free to reject the vexatious plant in order to save time of the courts.

Also, As per O7 R11, the court has the power to reject the plaint when it is mandatory in nature and can be exercised at any time and at any stage of the suit. The Supreme Court in the recent case of Dahiben v. Arvindbhai Kalyanji Bhanusali has dismissed an appeal against the order of the lower court and upheld the order of the lower court which rejected the plaint at the threshold because it was found that the institution of the plaint by the plaintiff was nothing but a clear abuse of process of law and was also bereft of any merit.

In the case of Dhruv Green Field v/s Hukam Singh, it was held by the court that whenever a special statute or law provides for the exclusion of the civil courts to entertain a suit then it should be construed strictly but in a case where a civil court has the power to grant any relief to one of the parts of the suit then it has the jurisdiction to entertain such suit.

Suits of Civil Nature 

  1. Suits relating to rights of worship, religious ceremonies etc.
  2. Suits relating to accounts
  3. Suits relating to recovery of arrears of rent
  4. Suits relating to damages for a civil wrong
  5. Suits relating to the right to property
  6. Suits relating to specific relief
  7. Suits relating to restitution of conjugal rights
  8. Suits for office
  9. Suits for declaration of title and possession 
  10. Suits for the right to burial 
  11. Suits for rights of franchise

Suits not of a Civil Nature

  1. Suit for possession by the landlord against the protected tenant
  2. Suits relating to the right to privacy
  3. Suit for recovery of voluntary offering
  4. Suits involving questions relating to caste

Conclusion

Suit of civil nature in CPC is triable by the Civil Court only as per section 9 of the Civil Procedure Code, 1908. Therefore, the cases which are not of civil nature are expressly and impliedly barred by this section and such cases can be triable by the other Tribunals or special courts.

Referred Books:

Akash is a YouTuber by Hobbie and Blogger by Passion. He Loves to spread information that helps others to live in this legal world.

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