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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Ramesh sues Mohan in a civil court claiming the right to the office of hereditary priest (pujari) of a temple, a right that depends entirely on decisions about religious rites. Which statement is correct under Section 9 of the Code?

The suit is of a civil nature. Explanation I to Section 9 treats a suit contesting the right to an office as civil even if it depends wholly on religious rites, and Explanation II makes fees or attachment to a place immaterial.

  1. AThe suit is of a civil nature because right to an office is contested, even if it depends on religious ritesCorrect
  2. BThe suit is not of a civil nature because it depends on religious rites
  3. CThe suit is of a civil nature only if fees are attached to the office
  4. DThe suit is of a civil nature only if the office is attached to a particular place

Explanation

Explanation I to Section 9 says a suit contesting the right to property or to an office is of a civil nature even if it depends entirely on religious rites or ceremonies. Explanation II makes it immaterial whether fees are attached or whether the office is attached to a particular place, so the fee and place options are wrong.

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