This is very conceptual if we look into the term “suit of civil nature” then it will seem like any suit which is related to civil matters like the matter of property, matrimonial, domestic violence, etc. but this term has significance and need to understand in more depth.
Section 9 of CPC gives wide jurisdiction to civil courts it says “the court shall try any suit of civil nature excepting a suit of which their cognizance is either expressly or impliedly barred” so this section gives very wide jurisdiction to all civil courts in its first part and second part it is putting some restriction in the jurisdiction.
What Jurisdiction here means?
Under civil procedure there are three types of jurisdictions a) territorial jurisdiction b) pecuniary jurisdiction c) subject matter jurisdiction
Territorial Jurisdiction- This Means area-wise jurisdiction for example- If any property is situated in Delhi then the suit related to that property shall be filed in Delhi itself it is not like the petitioner file the Delhi property suit in Jaipur, Lucknow, or anywhere in the country.
Pecuniary Jurisdiction- This type of jurisdiction is related to the financial value, for example, the Civil court of junior division has the competency to try cases up to value of 2,00,000/-
Subject Matter Jurisdiction- like POCSO courts, family courts, fast track courts
Suit of Civil Nature-
This term has widened the scope of court jurisdiction as this term includes all matters which are in civil nature like property, family matters, succession, contract, partnership, etc. such matters are called pure civil matters and it also includes those matters which are per se not civil rather they are social, religious or political matters but the determination of such matters is dependent upon the civil matters for example- “right of parda nashin lady” parda to women may be a religious matter like in Muslims parda is religious matter but a lady also have her right to privacy which is guaranteed to her as a fundamental right in Constitution of India. So, in this case, we can see that dominating matter is religious but the determination of the same is dependent upon the civil matter and such matters are also covered under the term suit of civil nature. [Rjs coaching in Rajasthan ] If a matter is purely religious, social or political then such matters are not under the ambit of court jurisdiction.
Expressly and impliedly barred-
1st part of section 9 CPC gives wide jurisdiction to civil court as explained above but in 2nd part, it also mentions bars i.e express and implied bar Examples- O2R2 of CPC, Res-judicata given under section 11 of CPC, O22 R9 of CPC, etc. [ Rjs coaching in Jaipur ] means despite the fact civil court do have jurisdiction to try a matter but if such matter falls under any of the bars mentioned under CPC or other statutes like evidence act then such court cannot entertain such suit
