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Quick Referencer for Judicial Service

Q. Is a suit by ‘A’ for declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?

West Bengal Judicial Service Exam. 1991

Ans: No, the suit in the present case is not of a civil nature—Supreme Court in Kanavee Awajee v. Kanavee Manjee, AIR 1993 SC 1163.

Reasons: It is notable that a suit for declaration is a suit of civil nature if it involves the question of legal right of citizen or question of right to property or to an office. It was held so by Supreme Court in Annie Besant National High School v. Deputy Director of Public Instruction, AIR 1983 SC 526.

But Supreme Court in above referred Kanvee Awajee v. Kanvee Manji’s case held that a suit is not of civil nature if it involves a purely religious question.

In the present problem a suit by ‘A’ for a declaration that religious rites performed by ‘B’ during Seva Puja of a deity were not proper, is a suit related to purely religious matter and does not involve any question of civil right nor it involves any question of right to property or to an office.

Thus, in view of decision given by Supreme Court in above referred case of Kanavee Awajee v. Kanvee Manjee, the suit by ‘A’ for a declaration that religious rites performed by ‘B’ during Seva Puja of a deity were not proper is not a suit of civil nature as it involves purely a religious question.

 

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