Procedure of Institution of Civil Suits

Every member of a modern civilized society has rights and duties under the law. In cases of violations of those rights and obligations by the other party, a remedy is also provided in the law itself as a matter of right. To avail themselves of that remedy, certain procedures must be followed by the aggrieved.

In India, that procedure to file a suit is provided in the Code of Civil Procedure, 1908. Section 26(1) of Code, provides that every suit shall be instituted by the presentation of a plaint. So for the institution of a suit, one must have a plaint and then that plaint is to be presented to the court having jurisdiction to try and decide the same.

Who shall Present the Plaint

The plaint may be presented either by the plaintiff i.e. by the aggrieved person himself, or by his recognized agent, by any person duly authorized by him, or by his duly appointed advocate.

Meaning of Plaint

The plaint is a written document that contains all the information about the facts given in chronological order in separate paragraphs duly numbered, along with all the documents relied upon by the party (the plaintiff) filing the suit. A standard format for plaints for various types of civil suits is provided in Appendix A of the Code of Civil Procedure. However, the particulars to be contained in a plaint are given in Rule 1 of Order 7 of the Code of Civil Procedure.

In addition to the information mentioned above in Rule 1 of Order 7, the particulars of the cause of action and a prayer for a specific relief must also be mentioned in the plaint itself which are specified in Rules 2 to 8 of Order 7 of the Code of Civil Procedure of 1908.

Place of Suing

It is very important to know which court is to be approached for the redress of the grievance. For laymen, it is important to recognize which court has the power to provide him relief that is to say which court has the jurisdiction to entertain his suit and has the appropriate authority to adjudicate upon his case. The other important thing is to the place where the said court is located. In other words, the party filing suit must know which court has jurisdiction and where it is located. If the suit is instituted in the court that has no jurisdiction either of pecuniary or territorial, the suit has to be returned by the court.

It is important to note that, as per the provisions of Rule 10(1) of Order 7 of the Code of Civil Procedure, the plaint shall, at any stage of the suit, be returned to be presented to the court which jurisdiction to try and adjudicate. On being so returned, the suit is to be filed in the court having jurisdiction. So in this way, the precious time of the aggrieved party would have been wasted. So far as the jurisdiction of the court are concerned Sections 15 to 20 of the Code of Civil Procedure specifically provide where to file the suit i.e. the place of suing.

Registration of Suits

The particulars of every plaint so presented shall be entered in a book kept for that purpose, which is called the register of civil suits. Such entries shall be numbered each year in the order in which the plaints are admitted, in accordance with the provisions of Rule 2 of Order 4 of the Code of Civil Procedure of 1908, so that a specific identification number is assigned to each suit so registered, and that identification number shall be used for future reference in case of any other proceeding relating to the concerned suit, whether in execution or in appeal. So this is called the registration of a civil suit.

Presentation of Plaint

The presentation of the plaint means the plaint, duly prepared as per the general and specific requirements and format given in the Code of Civil Procedure (1908), is submitted to the court having jurisdiction over the subject matter to which the suit relates for proper adjudication as per law.

So far as the provisions relating to the "institution of a suit’ given in the Code of Civil Procedure are concerned, one must take care that every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf. Therefore, the two identical copies of the plaint are to be given to the officials of the concerned court or to the facility provided in the specific court for registration of suits. Upon which the plaint is duly checked and registered, and if any deficiency is found, it is to be rectified and again submitted to the same office. 

Conclusion

There are numerous factors that must be considered before the institution of suits. The most important of which are the preparation of the plaint as per the guidelines provided in the Code of Civil Procedure, then the selection of the forum or court as per the requirements of the relief claimed in the suit. Then, in the particular forum or court chosen, identify the location where the complaint is to be presented for registration of the suit.

Frequently Asked Questions

Q1. Which "Order" of the CPC (1908) provides the rules for the institution of the civil suit?

Ans: Order IV of the Code of Civil Procedure provides for the institution of the civil suit.

Q2. What are the various stages of the institution of a civil suit?

Ans: The stages of the institution of a civil suit are

• Preparation of the plaint,

• Choosing the proper place of suing,

• Registration of suit,

• Presentation of plaint.

Q3. Which Order of the Code of Civil Procedure (1908) provides guidelines for the preparation of the plaint for the institution of a civil suit?

Ans: Order VII of the Code of Civil Procedure provides guidelines for the preparation of the plaint for the institution of a civil suit.

Q4. What are the essential requirements for filling a suit?

Ans: The essentials for filling a suit are

• Parties to the suit, i.e., the plaintiff and defendant.

• Subject-matter

• Cause of action

Q5. What are the various provisions in the Code of Civil Procedure for the proper institution of a civil suit that meets all requirements?

Ans: Orders I, II, IV, VI, and VII of the Code of Civil Procedure provide the procedural formalities necessary for the institution of the suit. Sections 15 to 20 of the Code of Civil Procedure provide the rules to determine the place of suing i.e. where to institute the suit. Section 26 provides the principle behind the institution of civil suits.

Q6. A standard format for a plaint is provided under which provision of the Code of Civil Procedure?

Ans: A standard format for plaints for various types of civil suits is provided in Appendix - A of the Code of Civil Procedure.