Most Rev. P.M.A. Metropolitan v Moran Mar Marthoma (1995)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

A long-running dispute within a church over control of parishes, offices and properties came before the civil courts.

Issue.

Can a civil court try a dispute so entangled with religious questions?

Held.

Section 9 is to be read expansively; a suit concerning property or office is of a civil nature even where religious questions are incidentally involved, and the civil court has jurisdiction unless a bar is shown.

Why it matters.

The leading modern statement that s.9 presumes jurisdiction and that “civil nature” is read broadly.

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