In this article, we will discuss in detail the suit of civil nature provided under section 9 of the Civil Procedure Code, 1908.
Meaning – Suits of Civil Nature
We did not find the meaning of the suit of civil nature anywhere in the Civil Procedure Code, 1908.
We can enumerate the term ‘Suits of Civil Nature’ as any suit which is not coming under the criminal in nature is can be known as ‘Suits of Civil Nature’.
In simple words, it can be defined as if there is a suit that determines and implement the civil rights of an individual or a group of individuals.
Read Also: – Jurisdiction of the Civil Court and its types
The Suit of Civil Nature (Section 9 of CPC)
Section 9 of Civil Procedure Code, 1908 – 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.
Section 9 of CPC, speaks about the power and jurisdiction of the court to entertain all types of suits that are of civil nature.
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 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, when the following conditions are fulfilled;
- The suit should be of civil nature,
- The cognizance of the suit should not be barred, and
- The suit should not be expressly or impliedly barred.
1. The suit should be of civil nature
As we stated above, the meaning of ‘Suit of Civil Nature’ could not be found in the Code of Civil Procedure, 1908. So, the general meaning of the term is that every suit which not comes under the criminal in nature is a suit of civil nature.
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.
Suits of Civil Nature
- Suits relating to rights of worship, and religious ceremonies etc.
- Suits relating to accounts
- Suits relating to recovery of arrears of rent
- Suits relating to damages for a civil wrong
- Suits relating to the right to property
- Suits relating to specific relief
- Suits relating to restitution of conjugal rights
- Suits for office
- Suits for declaration of title and possession
- Suits for the right to burial
- Suits for rights of franchise
Suits not of Civil Nature
- Suit for possession by the landlord against the protected tenant
- Suits relating to the right to privacy
- Suit for recovery of voluntary offering
- Suits involving questions relating to caste
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- Universal’s The Code Of Civil Procedure, 1908 (2020 Edition)
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- Mullas The Code Of Civil Procedure by Sir Dinshaw Fardunji Mulla
- Lectures on the CODE OF CIVIL PROCEDURE AND THE LIMITATION ACT by Dr. Rega Surya Rao.
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