Where no civil right or monitory loss or any function of the plaintiff connected with his civil rights have been affected, the Court should not entertain a suit, nor should fall in a trap of allowing someone to use it as a tool for public disturbance. It is evident that every Court while entertaining suit must be cautious that it should entertain only those suits which are of civil nature and have the characteristic of affecting one's rights of civil nature. Section 9 of CPC provides that Civil Court in India have jurisdiction to try all suits of civil nature excepting suits of which the cognizance is either expressly or impliedly barred.Ĥ.

The brief facts leading to this question are that the two respondents considered themselves ‘public spirited persons’ and filed a suit with ostensible object of protecting the religious feelings of other persons of same religion seeking a declaration that publication and distribution of the ‘Satyarth Prakash’ written by Swami Dayanand was injurious to the religious faith of Mohammadan Community and they wanted a perpetual injunction to be issued against the publishers and certain Arya Samaj Organizations, restraining them from publishing, printing and distributing ‘The Satyarth Prakash’ in any language.ģ. (Oral)- This petition gives rise to a question whether Civil Court can entertain a suit for banning/issuing an injunction on publication of a book, which is in existence and being published and read for last 135 years, on the ground that its publication was likely to disturb public tranquillity and public order.Ģ.

Satyarth prakash pdf