Question

Which of the following is not of civil nature

• A. Right to take out procession
• B. Right to Worship in a temple
• C. Right to Caste and Religion
• D. All of the above

Hint:

The test for a "suit of a civil nature" is not the source of the right, but the nature of the right itself. If a civil right (like property, office, contract) is at stake, the suit is civil, even if the decision depends on a religious question. If no civil right is at stake, it's not a civil suit.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Section 9 of the Code of Civil Procedure, 1908, grants civil courts the jurisdiction to try all "suits of a civil nature". The key is to distinguish between suits where the principal question relates to a civil right and those where it relates to a purely religious or caste-related question.

Step 2: Detailed Explanation:
- A suit is of a "civil nature" if the principal question in it relates to the determination of a civil right or liability.
- (A) Right to take out a procession: This has been held to be a civil right.
- (B) Right to Worship in a temple: This is also a civil right.
- (C) Right to Caste and Religion: The Explanation I to Section 9 clarifies this. It states that 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. This implies that a suit involving a purely caste question or a purely religious question, without any attached civil right (like right to property or office), is not a suit of a civil nature. For example, a suit for a declaration of one's religious or caste status, with no claim to property or office, would not be maintainable.
Therefore, a question purely about the "Right to Caste and Religion" is not of a civil nature.

Step 3: Final Answer:
A suit relating to a purely religious or caste right, which does not involve any question of a civil right like property or office, is not a suit of a civil nature.