Is a suit for the right to franchise, a suit of civil nature? 

Question: Is a suit for the right to franchise, a suit of civil nature?

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Answer

Section 9 of CPC provides a civil court has jurisdiction to try a suit if two conditions are fulfilled:
1. The suit must be of a civil nature; and
2. The cognizance of such a suit should not have been expressly or impliedly barred.

Civil Procedure Code nowhere defines the suit of civil nature. Explaining the concept of the jurisdiction of civil courts under section 9, in PMA Metropolitan v. M.M. Marthoma 1995 supp (4) SCC 226 (318-19), the Supreme Court stated:

“the expensive nature of the section is demonstrated by the use of phraseology both positive and negative. The earlier part opens the door widely and the latter debars entry to only those which are expressly or impliedly barred. The two explanations, one existing from inception and later added in 1976, bring out clearly the legislative intention of extending the operation of the section to religious matters where the right to property or office is involved irrespective of whether any fee is attached to the office or not. The language used is simple but explicit and clear.

It is structured on the basis of a civilized jurisprudence that the absence of machinery for enforcement of rights renders it nugatory. The heading which is normally a key to the section brings out unequivocally that all civil suits are cognizable unless barred. What is meant by it is explained further by widening the ambit of the section by use of the word ‘shall’ and the expression ‘all suits of civil nature unless expressly or impliedly barred’.

Each word and expression casts an obligation on the court to exercise jurisdiction for the enforcement of rights. The word shall make it mandatory. No court can refuse to entertain a suit if it is of the description mentioned in the section. That is amplified by the use of the expression ‘all suits of civil nature’.

Hence, we can only enumerate the term ‘Suits of Civil Nature’ as any suit which does not come under the criminal category. In simple words, it can be defined as if there is a suit that determines and implement the civil rights of an individual or a group of individuals. Thus, the suit for the right to the franchise is of civil nature, and whenever this right is violated, a suit may be filed for the enforcement of this right.

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