Question: Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature? Find the answer to the mains question only on Legal Bites. [Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja… Read More »

Question: Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature? Find the answer to the mains question only on Legal Bites. [Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?] Answer No, the suit in the present case is not of a civil nature Supreme Court in Kanbi Manji Abji And Others v. Kanbi Vaghji...

Question: Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?

Find the answer to the mains question only on Legal Bites. [Is a suit by ‘A’ for a declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature?]

Answer

No, the suit in the present case is not of a civil nature Supreme Court in Kanbi Manji Abji And Others v. Kanbi Vaghji Mavji AIR 1993 SC 1163.

It is to be noted that a suit for declaration is a suit of civil nature if it involves the question of the legal right of the citizen or the question of the right to property or to an office. It was held so by Supreme Court in Annie Besant National Girls High School v. Deputy Director of Public Instruction, AIR 1983 SC 526.

But Supreme Court above referred to Kanbi Manji Abji And Others v. Kanbi Vaghji Mavji case held that a suit is not of civil nature if it involves a purely religious question. In the present problem a suit by ‘A’ for a declaration that religious rites performed by ‘B’ during Seva Puja of a deity were not proper, is a suit related to purely religious matter and does not involve any question of civil right nor does it involves any question of the right to property or to an office.

Thus, in view of the decision given by the Supreme Court in the above-referred case of Kanavee Awajee v. Kanvee Manjee, the suit by ‘A ‘for a declaration that religious rites performed by ‘B’ during Seva Puja of a deity were not proper is not a suit of civil nature as it involves purely a religious question.


Important Mains Questions Series for Judiciary, APO & University Exams

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Updated On 2021-11-27T03:19:21+05:30
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