- Trending Categories
- Data Structure
- Operating System
- MS Excel
- C Programming
- Social Studies
- Fashion Studies
- Legal Studies
- Selected Reading
- UPSC IAS Exams Notes
- Developer's Best Practices
- Questions and Answers
- Effective Resume Writing
- HR Interview Questions
- Computer Glossary
- Who is Who
Institution of Suit under Civil Procedure Code
The primary objective of a nation's legal framework is to impose responsibility for upholding the rights granted to its citizens by the law. According to this definition, the wrongdoer is the one who violates that responsibility. An act of wrongdoing is classified as either public or private, with the former being done against society. When compared to the latter, the former has greater gravity.
The first category is referred to as "crime" in legalese and is governed by the criminal laws (substantive and procedural), whereas the second category is referred to as "civil wrong" and is governed by the civil laws.
What is Suit?
The Civil Procedure Code of 1908 does not provide a definition for the word "suit."
According to Chamber's 20th Century Dictionary (1983), it is a general term with a broad meaning that refers to any legal proceeding in which one or more parties sue another party or parties and the plaintiff seeks the legal remedy available to him for the redress of any harm or the enforcement of a right, whether at law or in equity.
According to Black's Law Dictionary (7th Edition), this phrase refers to a legal action taken by one or more parties against a third party.
Some opposing viewpoints define "suit" as including both appeal and execution proceedings but not the former. The filing of a complaint is the traditional method of starting a lawsuit under the CPC.
What is the Meaning of Institution of Suit?
If serving the notice constitutes a statutory condition precedent, no lawsuit may be brought without serving the notice. The provision of the notice is a requirement before the exercise of jurisdiction. The fact that this is merely a procedural requirement, however, means that it has little to do with jurisdiction in the proper sense of the word. The defendants have the option of waiving this, in which case the courts would then have jurisdiction to hear the case and conduct a trial.
Every lawsuit must be started by presenting a complaint or in another manner that may be prescribed, according to Section 26(1) of the CPC.
According to Subsection (2), affidavits must be used to prove the facts in every complaint. The steps involved in instituting a lawsuit are described below −
Preparing the complaint
This code does not define "plain." However, the phrase "private memorial tendered to a Court in which the person sets forth his cause of action, the exhibition of an action in writing" can be used. Regarding the complaint's format, Order 7 is relevant. According to Rule 1, a complaint must include the following information −
Name of the court
Name and Residence of the Plaintiff
Name and Residence of the Defendant
Other Description of both parties
Place of Suing
The filing of a complaint often has to happen during office hours and on a working day. There is no requirement that it be made at a specific location or time, though. Because of this, a judge may take a complaint to his home or any other location even after business hours, though he is not required to do so. If the deadline has passed and it is not excessively convenient, the judge must accept the complaint.
Presentation of the Plaint
The rules for bringing a lawsuit are found in Section 26 and Order 4. Rule 1 of Order 4 is as follows −
The court or the officer it designates in this regard must receive a petition in duplicate before any litigation may be brought.
Insofar as they are applicable, the orders in Orders VI and VII must be followed by every party.
If the complaint does not meet the standards outlined in sub-rules (1) and (2), it will not be considered to have been properly instituted. (2).
According to Section 26, every lawsuit must be started with the filing of a complaint or in another way that may be required. Order 4 Rule 1 outlines the process for instituting a lawsuit, but it makes no mention of any "other manner" for that purpose. The change makes it quite clear that the complaint will be regarded as incomplete if it is not filed in triplicate. In order to avoid needless delays in ensuring that the requirements of sub-rules (1) and (2) are followed after the filing of the complaint, sub-rule (3) has been added.
The aggrieved individual, his attorney, his designated agent, or any other person lawfully authorized by him may present the complaint.
Relevant Provisions for Institution of Suit
A brief concept of the relevant provisions of CPC, 1908 for Institution of Suit are given below-
|Parties to the Suit||Order 1|
|Framing of the Suit||Order 2|
|Institution of Suit||Section 26,Order 4|
Duties of Lawyer at the time of Institution of Suit
There are some duties of lawyer during the time of institution of suit and these duties are given below-
To draft the complaint and the supporting documents in accordance with Orders VI and VII.
When considering Order VII Rule 14, attach the required documents to the lawsuit.
The Court Fees Act's provisions should be followed while valuing the case.
Provide the court and the opposing party with all relevant copies of the complaint and documents.
Request that the court officer conduct the plaint examination.
Send the defendant a summons through the court by paying the required fees or in any other manner permitted by Order V of the Code of Civil Procedure.
As per Order VI Rule 14A, enclose an address memo with the complaint.
A civil lawsuit seeks compensation rather than punishment, as in criminal cases. Also to be considered is the fact that the parties have the opportunity to amend their pleadings before the closing arguments. In these circumstances, the court's prior approval is required. However, the registrar has the ability to dismiss the case if the aforementioned procedure is not followed.
Q1. What is the limitation period for institution of suit?
Ans. The appeals against a decree or order must be submitted in any court within thirty days after the date of the decree or order being appealed, and in the High Court within ninety days. A time limit on litigation is necessary for everyone's welfare.
Q2. What is institution of suit under section 26 order 4?
Ans. In order to extend the law as specified in Section 26 of the CPC, Rule 1 of Order IV must be interpreted in conjunction with that section. According to this rule, a lawsuit can only be considered properly launched if a complaint is used, it is presented in duplicate, and it is presented either directly to the court or to an appropriate officer designated in this regard.
Q3. What are the general principles regarding institution of suits?
Ans. All lawsuits must be tried in court, unless they are banned, according to Section 9 of the Civil Procedure Code of 1908. All civil lawsuits, with the exception of those in which court jurisdiction is expressly or implicitly barred, shall be subject to the requirements herein included and be tried by the courts.
Q4. How the suit is instituted?
Ans. Every suit is instituted by presenting a plaint to the proper court or officer. [Order IV R. 1 r/w Section 26 of CPC]
Q5. Where can a suit be instituted in CPC?
Ans. The lawsuit may be filed in any court that has local jurisdiction over any area where the subject property is located, provided that the court has jurisdiction over the entire claim with regard to the value of the claim's subject matter.
Kickstart Your Career
Get certified by completing the courseGet Started