Question: Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give reasons and also refer to case law, if any on the point. Find the answer to the mains question only on Legal Bites. [Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give… Read More »

Question: Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give reasons and also refer to case law, if any on the point. Find the answer to the mains question only on Legal Bites. [Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give reasons and also refer to case law, if any on the point.] Answer Yes, it is a suit of civil nature Supreme Court in P.M.A. Metropolitan v. M.M. Marthoma, AIR 1995 SC 2001. As a result of a catena...

Question: Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give reasons and also refer to case law, if any on the point.

Find the answer to the mains question only on Legal Bites. [Is a claim to the office of Head Priest of Dwarkadesh a suit of civil nature? Give reasons and also refer to case law, if any on the point.]

Answer

Yes, it is a suit of civil nature Supreme Court in P.M.A. Metropolitan v. M.M. Marthoma, AIR 1995 SC 2001. As a result of a catena of decisions, it is well established that a suit in which the principal or main question is related to the determination of a civil right and its enforcement and a matter which involves purely political, social, or religious question is not a suit of civil nature.

It is also well settled that a question relating to an office or property is a suit of a civil nature. The explanation I attached to Section 9 also makes it clear that a suit in which the right to property or office is contested is a suit of civil nature. There can be no office without duties attached to it.

The right to hold a certain office in a certain place at a certain season of the year confers a legal character. A hereditary priest, however, cannot compel his yajman to accept his service. Right to the office of a hereditary priest to which fees are attached is the property and a suit is maintainable

In the present problem, the suit involves the claim to the office of the head priest of Dwarkadhees, thus it is a suit of civil nature. The Supreme Court also in above referred P.M.A Metropolitan v. M.M. Marthoma held that a suit is of civil nature if the question of the right to the office is involved in, although the office is of religious nature.

If the principal question in a suit is of civil nature and the adjudication incidentally involves the determination relating to religious rites and ceremonies, it does not cease to be a suit of civil nature.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-11-27T03:29:11+05:30
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