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Final Year, Hidayatullah National Law University, Near Abhanpur, Uperwara Post, Raipur
Volume - 2,
Issue - 1,
Year - 2014
Under the Code of Civil Procedure, a civil court has jurisdiction to try all suits of a civil nature unless they are barred Section 9 of the code reads as under:
'The Court shall (subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred.
A civil court has jurisdiction to try a suit if two conditions are satisfied
• The suit must be of a civil nature; and
• The cognizance of such a suit should not have been expressly or impliedly barred.
In order that a civil court may have jurisdiction to try a suit, the first condition which must be satisfied is that the suit must be of a civil nature. But what is a suit of a civil nature? 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. 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.
Cite this article:
Abhinav Dahariya. Right to Suit . Int. J. Ad. Social Sciences 2(1): Jan. –Mar., 2014; Page 69-70.