Suit of civil nature Introduction In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature. The expression suit of civil nature covers private rights and obligation of a citizen. If the principal question relates to caste or religion, then it is not a suit of civil nature. Sec 9: Courts to try all civil suits unless barred 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. Explanation: 'III: A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. [Explanation II: For the purposes 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.] A civil court has jurisdiction to try a suit if two conditions are fulfilled: (i) The suit must be of a civil nature, and (ii) The cognizance of such a suit should not have been expressly or impliedly barred. Suit of civil nature (i) Meaning The word "civil" has not been defined in the Code. it pertains to private rights and remedies of a citizen as distinguished from criminal, political, etc. The word "nature" has been defined as "the fundamental qualities of a person or thing; identity or essential character; sort, kind, character". The expression "civil nature" is wider than the expression "civil proceeding". Thus, a suit is of a civil nature if the principal question therein relates to the determination of a civil right and enforcement. (ii) Nature and scope- The expression "suit of a civil nature" will cover private rights and obligations of a citizen. Political and religious questions are not covered by that expression. A suit in which the principal question relates to caste or religion is not a suit of a civil nature. But if the principal question in a suit is of a civil nature (the right to property or to an office) and the adjudication incidentally involves the determination relating to a caste question or to religious rights and ceremonies, it does not cease to be a suit of a civil nature and the jurisdiction of a civil court is not barred." The court has jurisdiction to adjudicate upon those questions also in order to decide the principal question which is of a vil nature Explanation Il has been added by civil the Amendment Act of 1976. Before this Explanation, there was a divergence of judicial opinion as to whether a suit relating to a religious office to which no fees or emoluments were attached can be said to be a suit of a civil nature. But the legal position has now been clarified by Explanation II which specifically provides that a suit relating to a religious office is maintainable whether or not it carries any fees or whether or not it is attached to a particular place. (iii) Doctrine explained - Explaining the concept of jurisdiction of civil courts under Section 9, in Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, the Supreme Court stated: "The expansive nature of the section is demonstrated by use of phraseology both positive and negative. The earlier part opens the door widely and latter debars entry to only those which are expressly or impliedly barred. The two explanations, one exist- ing from inception and latter added in 1976 bring out clearly the legislative intention of extending operation of the section to such religious matters where right to property or office is involved ir- respective of whether any fee is attached to the office or not) The language used is simple but explicit and clear. It is structured on the basic principle of a civilised jurisprudence that absence of ma- chinery for enforcement of right renders it nugatory. The heading which is normally key to the section brings out unequivocally that all civil suits are cognizable unless barred. What is meant by. it is explained further by widening the ambit of the section by use of the word 'shall' and the expression 'all suits of a civil nature' unless 'expressly or impliedly barred Each word and expression casts an obligation on the Court to exercise jurisdiction for enforcement of right. The word 'shall' makes it mandatory. No Court can refuse to entertain a suit if it is of the description mentioned in the section. That is amplified by the use of the expression, 'all suits of civil nature'. The word 'civil' according to the dictionary means, 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as, 'relating to provide rights and remedies sought by civil actions as contrasted with criminal proceedings. In law it is understood as an antonym of criminal. Historically the two broad classifi cations were civil and criminal. Revenue, tax and company, etc. were added to it later. But they too pertain to the larger family of 'civil. There is thus no doubt about the width of the word 'civil. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature.... The word 'nature' has been defined as 'the fundamental quali- ties of a person or thing; identity or essential character, sort; kind; character'. It is thus wider in content. The word 'civil nature' is wider than the word 'civil proceeding'. The section would, therefore, be available in every case where the dispute was of the characteristic of affecting one's rights which are not only civil but of civil nature." (iv) Test-A suit in which the right to property or to an office is con- tested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of a question as to religious rites or ceremonies, (v) Suits of civil nature: Illustrations-The following are suits of a civil nature: (i) Suits relating to rights to property; (ii) Suits relating to rights of worship; (iii) Suits relating to taking out of religious processions; (iv) Suits relating to right to shares in offerings, (v) Suits for damages for civil wrongs; (vi) Suits for specific performance of contracts or for damages for breach of contracts; (vii) Suits for specific reliefs; (viii) Suits for restitution of conjugal rights; (ix) Suits for dissolution of marriages; (x) Suits for rents; (xi) Suits for or on accounts; (xii) Suits for rights of franchise; (xiii) Suits for rights to hereditary offices; (xiv) Suits for rights to Yajmanvritis; (xv) Suits against wrongful dismissals from service and for salaries, etc. (vi) Suits not of civil nature: Illustrations-The following are not suits of a civil nature: (i) Suits involving principally caste questions; (ii) Suits involving purely religious rites or ceremonies; (iii) Suits for upholding mere dignity or honour; iv) Suits for recovery of voluntary payments or offerings; (v) Suits against expulsions from caste, etc. Conclusion After reading the concept underlying section 9 of CPC, we can say that the civil court tries only suits of civil nature. And the cases which are not of civil nature or the suits which are expressly or impliedly barred are tried either in tribunals or councils or special courts specified under any enactment. The questions purely relating to caste or religious ceremonies are decided by the community or religious heads like priests, spiritual heads, etc. On the other side, questions that are political in nature are decided by public administrative authorities.