Legal IQ

Quick Referencer – For Judicial Service Aspirants – Nature of Suit

Q. What is the nature of the suit in which the right to property or to an office is contested? Will it make any difference if such rights depend entirely on the decision of questions as to religious rites or ceremonies?

West Bengal Judicial Service Exam. 1991.

Ans: A suit in which the right to property or to an office is contested is a suit of civil nature and it will make no difference if such rights depend entirely on the decision of questions as to religious rites or ceremonies—-Explanation I of Section 9 of Civil Procedure Code.

Reasons: It is notable that Section 9 of Civil Procedure Code lays down that a court has jurisdiction to try all suits of civil nature but it does not make it clear as to what type of suits are of civil nature.

However it is notable that Section 9 has two Explanations and the Explanation I makes it clear that a suit in which the right to property or to an office is contested is a suit of civil nature. Thus, in view of Explanation I of Section 9, it is clear that the nature of a suit in which right to property or an office is contested, is a civil one. In other words, it can be said that it is suit of a civil nature.

It is also notable that Explanation 1 of Section 9 further makes it clear and reads as follows “notwithstanding that such right (right to property or to an office) may depend entirely on the decision of religious rites or ceremonies.”

Thus, in view of the provisions made in second part of Explanation I it is clear that a suit in which right to property or office is contested, is a suit of civil nature, even if such rights depend entirely on the decision of questions as to religious rites or ceremonies.

From the above discussions it is clear that in view of Explanation I of Section 9, a suit is of civil nature if it involves a question of right to property or right to an office and it will make no difference, even if such rights depend entirely on the decision of questions as to religious rites or ceremonies.

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