Civil Nature

Civil nature, The word 'civil' according to dictionary means 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as 'relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings'. In law it is understood as an antonym of criminal. Historically the two broad classifications were civil and criminal. Revenue, tax and company etc. were added to it later. But they too pertain to the larger family of 'civil'. There is thus no doubt about the width of the word 'civil'. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature. In Article 133 of the Constitution an appeal lies to this Court against any judgment, decree or order in a 'civil proceeding'. The word 'nature' has been defined as 'the fundamental qualities of a person or thing; identity or essential character; sort; kind; character'. It is thus wider in content. The word 'civil nature' is wider than the word 'civil proceeding', Most Re V. P.M.A. Metropolitan v. Moran Mar Marthoma, 1995 Supp (4) SCC 286: AIR 1995 SC 2001 (2023). [Civil P.C. (5 of 1908), s. 9, Expln. 1]

The word 'civil nature' is wider than the word 'civil proceeding'. The s. would, therefore, be available in every case where the dispute has the characteristic of affection one's rights which are not only civil but of civil nature, Most. Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, (1995) Supp (4) SCC 286: AIR 1995 SC 2001 (2023). [Civil Procedure Code (5 of 1908), s. 9, Expl. 1]