Suit of Civil Nature (SCN) under CPC, 1908—
- A suit of civil nature (SCN) is a suit that involves the enforcement of the civil right or civil obligations.
- It is to be noted that Section 9 only mentions that a civil court shall have jurisdiction to try all suits of civil nature but it does not define that what is a suit of civil nature?
- The explanation (1) to Section 9 provides that a civil nature suit is a suit in which the right to property or to an office is contested.
- The explanation further provides that it is immaterial that such right may depend entirely on the decision of questions as to religious rites or ceremonies. However, if the principal question in the suit relates to a caste question or to religious rites, the suit is not of a civil nature and the same is purely a social matter.
- Further, as per Explanation (2) to Section 9 it is also immaterial whether or not any fees are attached to the office or whether or not such office is attached to a particular place.
Political/ Religious Question
- Mere political or religious questions are not covered under Section 9.
Following are the examples of suit of civil nature—
- Suits regarding right of worship.
- Suits regarding right of specific relief.
- Suits for damages of civil wrong.
- Suits in respect of right of franchise.
- Suits to declare an election invalid.
- Suits regarding right of burial.
- Right to take out religious possession.
- Right to a pardanashin lady to observe parda.
Following are not suit of civil nature—
- Suits involving purely caste questions not attaching to any question relating to office or property.
- Suits relating to purely religious rites and ceremonies.
- Suits for recovery of voluntary payments or offering.
- Suits against expulsions from caste etc.
- Suits relating to right of privacy.
Suits which are expressly barred—
Generally, there is a presumption in favour of Civil Court’s jurisdiction and thus, exclusion of jurisdiction should not be readily inferred.
A suit is said to be expressly barred by any act or law for the time being in force when any act or law expressly excludes jurisdiction of civil court. For example, following tribunals excludes the jurisdiction of the civil court—
- Debt Recovery Tribunal,
- Industrial Tribunal,
- Motor Accident Claims Tribunal,
- Income Tax Tribunal,
- Revenue Tribunal,
- Rent Control Tribunal.
Suits impliedly barred—
Where a statute provides a special remedy to an aggrieved party, such bar is an implied bar on jurisdiction. A suit is also impliedly barred when it is barred by general principles of law or when it is against the public policy or State policy. Sometimes, certain suits, though of civil nature, are barred from cognizance of a civil court on the ground of public policy. For example, “sovereign act”. The compensation can not be claimed against the State for damages or loss by its sovereign acts (i.e. acquisition of land, imposition of tax etc.)
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