Hello friends, this article attempts to explain in easy terms what is Section 9 of the CPC, what you think of suit of civil Nature, what the court can test all civil promises, hopefully, this You will like the article –
Any proceedings are unfathomable cases (ism) There are usually two types of civil cases as criminal cases. As we know, civil cases are heard by civil courts and criminal cases are heard by criminal courts and both of these courts have their own jurisdiction process।
Suit of civil Nature
A suit of civil nature refers to a suit which involves the question of creation of important rights or obligations of a person or class of persons, Ullangan etc. If there is no dispute in a suit, such rights and obligations are not related to the civil suit. Nature will not be considered a suit |
The meaning of a suit of civil nature is stated in Section 9 of the Code, according to which – a suit in which the right to property is a controversial question of status is called a suit of civil nature, whether such right is religious customs. Why should customs be based solely on the pleading of questions related to unfathomable ceremonies।
Also Read – What do you mean by doctrine of res judicata? | Essential Elements & Objective
That is, all the arguments related to the right of property and status (Property and Office) under Section 9 of the CPC should be considered as civil nature. It can be said that a suit of civil nature is a suit which is aimed at the enforcement of any civil right or civil liability against a civil or self state।
Case – Assessing Authority, Ludhiana v. Mansharam (A. I. R. 1965 Punjab 459)
In this case it is stated that – civil right refers to the right that a person acquires as a citizen of the state, whether such right is acquired by an act or not otherwise।
Case – Gurucharan Singh v. Mrs. Gurdayal Kaur (A. I. R. 1982 Rajasthan 91)
In this case, it was expressed that – when describing a later civil nature, mainly two things (the abstract object of theism and the true nature of its purpose) should be noted।
Also Read – Social Action Litigation and PIL in India
Can the court test all civil promises
Many times we have the question whether the court can consider all kinds of civil promises and settle them or not | In response, Section 9 of the CPC provides that – courts of all types Have jurisdiction to test civil promises, except those promises which are expressly forbidden by them to express their trial।
This implies that, unless expressly or substantially barred, the court is competent to consider promises of all kinds of civil nature, that is, the jurisdiction of civil courts is very detailed. The jurisdiction of the court depends on the authority to determine a suit, on the merits and defects of the decision of a case of Na |
Whether or not a civil court will consider a suit depends on the nature of the related suit, if the nature of the suit is civil then the court will consider such a suit in due course only | to consider civil courts in promises of civil nature. Has broad power, a suit of civil nature is also called a suit of civil nature |
Also Read – Causes of Crime : Top 7 causes of crime in criminology
Standards of suit of civil nature
Many times the question arises as to what is the suit of civil nature or which suit would be considered a suit of civil nature, the following criteria of determination of the suit are stated in this relationship –
(i) What can be the rights and property related property tangible, such as patent, copyright, trademark, franchise, fishing rights, etc।
(ii) Mandir and other religious property Sambandhi suit is involved in the promises of civil nature, destroying the religious symbols of a temple, altering them, interfering etc. Statue is also property।
(iii) Compensation for Civil Defects (Civil Wrongs) and contractual agreements related to litigation, such as — Articles, singular, rancor prosecution, compensation for illegal closure, etc।
(iv) Undertakings of the specified Directive Act (Specific Relief Act), based on established terms, such as – contractual compliance, standing, declaratory decree, etc
(v) Rights related to common law, such as franchise, right to use of highway etc।
(vi) Punishment related to the right to worship (Munandi Kone v. Sri Ramnath Sitapathi Hariditei, A. Mangalanath Swami Mandir, A. I. R. 1982 Chennai 170)
(vii) Constrained suit with the right to bury the dead।
(viii) Observed by religious or other processions।
(ix) A position related to the right of a person elected as a postman (Office bearer) ।
(x) After the separation of marriage or the reinstatement of son-in-law rights।
(xi) Debates for the enforcement of the rights of a person as a member of a club ।
(xii) a contractual right related suit ।
(xiii) Accounting (Accounts) subject matter ।
(xiv) suit for contribution (Contribution) ।
(xv) Partnership (Partnership) thematic ।
(xvi) Debates for religious and other post-appendix fee. Now the post of such fee is not required to be appended (attached) to the Athwa religious post।
(xvii) Related to the customary right to privacy (Customary right of privacy) ।
(xviii) Symbolic litigants from being expelled from the wealth of caste or less ।
(xix) Law of Legislative Acts and constitutionalism related to condition ।
(xx) In the condition of defective removal from service, the suit set up is a civil nature suit।
(xxi) The suit against the termination of service of a bus operator is a civil nature suit. (Ramkumar v. State of Haryana, A. I. R. 1987 S. C. 2043)
(xxii) The suit attached to the question of proceedings in reference to the directors of recognized schools under an Education Act is a suit of civil nature |
Also Read – What is juvenile delinquency? Introduction, Definition, Causes And Prevention
Civil nature is not a suit
Such a suit has not been considered a suit of civil nature, whose main consideration is not related to civil or legal rights, as a member of any institution or community, | According to this the following suit is not a civil nature suit. Is –
(i) Debates in which the question of caste mainly concerned is intermittent।
(ii) Only after maintaining dignity or honor।
(iii) Debates for voluntary liabilities (Voluntary Payments) not based on agreement or chirping।
(iv) A suit expressed by an act ।
(v) Debated with political questions ।
(vi) suit against public policy, etc।
Case – Ushaben Naveanchandra Trivedi vs. Bhagalakshmi Chitra Mandir (A. I. R. 1978 Gujarat 13)
In this case, the suit brought against the performance of Jai Santoshi Ma on the grounds that it hurt the religious sentiments of the Hindus has not been considered a suit of civil nature।
Case – Basanti Devi vs Masjid Panch Visayatiyan (AI R 2016 Rajasthan 69)
In this suit, the jurisdiction to hear the promises related to the expulsion of the property is not considered a suit of civil nature।
Important Article
Kautilya’s Arthashastra : Essay on Contribution to the Ancient Judicial System of India
What is Charter of 1726 : Main Provisions | Features and Demerits – Legal History
What are the essential elements of crime? | Criminal Law
What is the Schools of Criminology And how many Types are there? – Criminology
Reference – Book Civil Procedure Code IV Edition (Dr. Radha Raman Gupta)
Disclaimer :- This notes is intended to provide information only. If you are seeking advice on any matters relating to information on this website, you should – where appropriate – contact us directly with your specific query. However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information.
