Suits of Civil Nature under CPC
Meaning of “Suits of Civil Nature”
Under Section 9 of the CPC, courts have the jurisdiction to try all suits of a civil nature except those that are specifically excluded by law.
A civil suit is any suit that is not criminal, i.e., it involves private rights and obligations between parties rather than offenses against the state.
Civil suits generally involve property, contracts, torts, family matters, or personal rights.
Definition under Section 2(2) CPC
The CPC does not explicitly define “civil suit,” but Section 2(2) defines “suit” as a civil proceeding of a court in which a claim is made by one person against another.
Scope of Suits of Civil Nature (Section 9 CPC)
Section 9 CPC:
“Courts shall (subject to the limitations of this Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.”
Civil nature includes:
Property disputes: Ownership, possession, mortgages, leases.
Contract disputes: Breach of contract, agreements, partnerships.
Tort claims: Negligence, nuisance, defamation.
Family matters: Divorce, maintenance, guardianship, succession.
Recovery of money: Loans, deposits, cheques.
Excluded matters:
Criminal cases.
Revenue suits under special revenue laws (if excluded).
Certain statutory tribunals that have exclusive jurisdiction.
Important Features of Suits of Civil Nature
Private Rights: Involve disputes between private individuals or entities.
Not Criminal: Do not involve offenses against the state.
Remedies: Courts grant monetary compensation, injunctions, or declaratory relief.
Exceptions: Some matters are excluded by statutes (e.g., arbitration, specialized tribunals).
Examples
Property Dispute: A sues B for ownership of land.
Breach of Contract: X sues Y for non-payment under a contract.
Family Matters: Husband sues for divorce; mother sues for maintenance of child.
Tort: Z sues a company for negligence causing damage to property.
Important Case Law
K.K. Verma v. Union of India: Confirmed that civil suits include all matters of private rights except those barred by statute.
M/s. Satyam Computers v. B. Singh: Held that remedies sought by private parties for breach of duty or contract are civil in nature.
Key Point:
Every dispute involving private rights, obligations, or interests (except those excluded by law) is a civil suit under the CPC. Section 9 gives general jurisdiction to courts, making CPC flexible to cover almost all civil disputes.
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