Q :-A files a suit against B for declaration that he is entitled to carry on pujas of the idol in a temple . B contends that it is a religious matter over which the civil court has no jurisdiction . Discuss A’s right for a declaration and the question of jurisdiction of the civil court to entertain the suit . Answer :- Explanation I of section 9 of the CPC lays down that a suit in which the right to property or to an office is contested is a suit of civil nature notwithstanding that such rights may depend entirely on the decision of question as to religious rites or ceremonies . Therefore , according to this Explanation I , A has the right to the office to carry on pujas of the idol in the temple as pujari and this right is a civil right though such right may depend entirely on the decision of question as to religious rites or ceremonies . Again , Explanation II of section 9 says that it is immaterial whether or not any fees are attached to such office or where such office is attached . So it is immaterial whether the office of A is attached to a temple or not . Therefore according to the Explanation II of section 9 , it is a right to office of A . In the given problem , the right of A to carry on pujas of the idol in the temple , therefore , is a civil right and the civil court has jurisdiction to entertain the suit under Explanation I and II of section 9 of the CPC. So the dispute , in the given problem , is a civil dispute . *****
Posted on: Mon, 07 Oct 2013 03:09:49 +0000
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