Suit of Civil Nature

 Definition
Suits of civil nature describe a suit that is submitted before a Civil Court
for adjudication of a civil dispute, more especially to determine the right of
property or office.
In the litigation, if the primary issue relates to the determination of a
civil right, then the suit is of a civil nature. The word suit of civil nature covers
the private rights and duties of a person. If the primary issue relates to caste or
religion, it is not a suit of civil nature.
According to the section 9 of CPC,
“Court shall have the jurisdiction to try all suits of civil nature except
those of which their cognizance is expressly or impliedly barred.”
 Expressly Barred:
When a suit is barred by an enactment or act in force, then such a suit is
said to be expressly barred.
For example,
Some of the matters that are expressly barred from the cognizance of a
civil court are matters falling under revenue courts, special tribunals like an
industrial tribunal, rent tribunal, labor tribunal.
 Impliedly Barred:
When a suit is barred by the general principles of law, then such a suit is
said to be impliedly barred.
For example,
Political questions belong in the domain of the public administrative law
and not the jurisdiction of a civil court. If there is a dispute of a political nature,
a civil court has no authority to adjudicate such matters.
 Followings are the suits of civil nature (No exhaustive)
 Suit for declaration.
 Suit for rescission or rectification of deeds.
 Suit for specific performance of contract.
 Suit for permanent injunction.
 Suit for recovery of possession.
 Suit for damage for breach of contract.
 Suit for recover of debt.
 Suit for restoration of right to office.
 Suit for right to worship.
 Suit for right to burial with religious rites.
 Suit relating to right to worship.
 Suit for maintenance
 Suit for restitution of conjugal right.
 Suit for dissolution of marriage.
 Suit for right of hereditary office.
 
 Suit of not civil nature (Not exhaustive)
 Suit principally caste question.
 Suit involving purely religious rites or caste question.
 Suit for merely upholding dignity or honor.
 Suit for payment for voluntary service.
 Jurisdiction of Courts & Suit of Civil Nature
This section confers jurisdiction on court to try civil suits. From the section we
find that the courts can try suits of civil nature. But if their cognizance is
expressly or impliedly barred it cannot try.
Civil courts can try suit if two conditions are fulfilled:
 Suit must be of civil nature
 Cognizance of such suit shall not be expressly or impliedly barred.

 Decision on ouster of jurisdiction:

Whenever a case is brought before the court, the court can first
determine whether it has jurisdiction, which is a voluntary power of the court.
When the issue of jurisdiction arises, the court has judicial power to
decide. Civil courts always have power to determine whether a special court or
tribunal is working in compliance with the law, limitations, or basic principles
of judicial process.