Institution of Suit under CPC | Civil Law for Judiciary Exams PDF Download

Institution of Suit under CPC

• The institution of a suit under the Civil Procedure Code (CPC) initiates a formal civil legal action in India, enabling individuals and entities to seek resolution for disputes.
• Central to this process is the submission of a "plaint" by the plaintiff, detailing case facts, legal grounds, and sought relief.
• Key considerations include jurisdiction and court fees to ensure proper court handling and cost coverage.
• Following suit institution, legal proceedings progress towards a court judgment or decree, pivotal for justice and conflict resolution.

Understanding a Suit

• A "suit" encompasses legal actions where parties seek legal remedies in court to address harm or assert rights.
• It is initiated through a complaint and concludes with a legal judgment.
• In the case of Ethiopian Airlines v. Ganesh Narain Saboo, the Supreme Court defined a suit broadly as actions enforcing legal rights.
• In Hansraj Gupta & Others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd., the Privy Council emphasized the commencement of civil proceedings with a complaint.

Understanding the Institution of Suit

Definition

The institution of suit, as per the Civil Procedure Code (CPC), signifies the formal commencement of a legal action where a plaintiff pursues a legal remedy through a court against a defendant to resolve a dispute.

Essential Steps

• Filing a Plaint: This is the initial step where the plaintiff submits a written statement, known as a "plaint," detailing the case's facts, legal grounds, and sought relief.
• Court Selection: The plaintiff must choose the appropriate court with jurisdiction to handle the dispute, ensuring it is within the correct geographic area and legally authorized.
• Payment of Court Fees: The plaintiff is obligated to pay the specified court fees, which can vary based on the suit's nature and value, in accordance with the Court Fees Act of 1870.
• Service of Summons: Following the suit's institution under the CPC, the court issues a summons to inform the defendant of the legal action and their obligation to appear in court to respond to the plaintiff's claims.
• Legal Proceedings: Once the defendant receives the summons and responds, the legal process unfolds, involving the presentation of evidence, legal arguments, and ultimately culminating in the court's judgment or decree.

Illustrative Example

• In a scenario where a tenant fails to pay rent and the landlord decides to take legal action, the landlord, as the plaintiff, would initiate the institution of suit by filing a plaint outlining the unpaid rent, legal basis for the claim, and the desired resolution.

Significance

The institution of suit under the CPC marks the official beginning of a civil legal process, setting the stage for addressing and resolving specific disputes between parties through the legal framework of a court.

Initiating Legal Proceedings under CPC

• Section 26 and Order IV of the Code of Civil Procedure (CPC) lay down the process for commencing legal actions.
• According to Section 26, every civil suit must begin with a written statement known as a plaint, which needs to be submitted in duplicate to the court or an authorized officer, supported by an affidavit.
• Order IV, Rule 1 further details that a civil suit officially starts when a duplicate of the plaint is presented to the court or a designated officer, following regulations in Orders VI and VII.
• Section 80 of the CPC requires a legal notice before suing the government or a public officer, although not all cases necessitate this step.

Procedural Steps for Instituting a Suit under CPC

• Drafting a plaint involves creating a formal written statement outlining the case.
• Selecting the appropriate court for filing the civil suit, known as the place of suing, is crucial.
• Finally, presenting the plaint to the court or a designated officer is the last step in initiating a civil suit under the CPC.

Components of a Plaint

• A plaint, which initiates a suit under CPC, includes details such as court name, plaintiff's and defendant's information, cause of legal action, jurisdiction facts, relief sought, and valuation.
• Notably, a plaint should be considered and accepted or rejected in its entirety, as per legal precedents like the Kavita Tushir v. Pushpraj Dalal case.

Grounds for Rejecting a Plaint

• If there is no valid cause of action, undervaluation of relief, insufficient stamping, violation of laws, lack of duplicate filings, or non-compliance with legal provisions, a plaint may be rejected under Order VII, Rule 11.

Choosing the Correct Court Location

• Sections 15 to 20 of the CPC detail how to select the appropriate court for filing a suit based on factors like property location, jurisdiction, and defendant's residence or business.
• For instance, Section 16 specifies that suits concerning immovable property should be filed in the jurisdiction where the property is situated.
• Section 19 allows plaintiffs to file suits for harm to persons or movable property either where the defendant resides or where the incident occurred.

Presentation of Plaint

• Order VII, Rule 9 explains the procedures for admitting a plaint, including serving summons, providing copies, paying fees, and specifying defendant details.
• The chief magistrate officer verifies and approves these details for accuracy before proceeding.

Scope and Applicability of Section 26

• The plaintiff in a civil suit bears the responsibility of presenting evidence to prove the allegations against the defendant and establish the defendant's legal liability for any claimed damages.
• To commence a civil suit, the plaintiff must include comprehensive details and necessary supporting documentation in the plaint.
• Court expenses, a fraction of the total claim value, must be paid along with the plaint. These fees are determined by the Court Fees Act, 1870, and the Stamp Act, 1899, based on the type of suit.
• Section 9 of the CPC addresses court jurisdiction over all civil suits, except in cases where the law explicitly prohibits it.

Formalities After the Institution of Suit under CPC

• Order IV, Rules 1 and 2 of the CPC outline the process of filing a suit before a court or its designated officer.
• Section 27 of the CPC focuses on the issuance of summons to the defendant within thirty days of filing the suit. The summons notifies the defendant to respond to the claim.
• When the defendant resides in a different state, Section 28 mandates that the summons be sent to the court in that state following its prescribed procedures. The receiving court treats the summons as if it had issued it and returns it along with a record of its actions to the initiating court.
• If the summons is in a language different from the court's official language, a translation is necessary. For instance:
  • If the original summons was in Hindi, the translation should also be in Hindi.
  • If the document is in a language other than Hindi or English, the translation must be provided in Hindi or English along with the record.
• Section 29 addresses the service of foreign summons. Such documents can be presented to various courts:
  • Any Civil or Revenue Court in India, irrespective of the CPC's applicability.
  • Civil or Revenue Courts established or maintained by the Central Government outside India.
  • Other Civil or Revenue Courts outside India covered by the Code through an official notification in the Gazette. These courts can receive and serve such documents as if they were issued locally.
• Section 31 extends the principles of Sections 27, 28, and 29 to witness summonses, regulating the issuance and service of summonses for producing evidence or giving testimony.

Conclusion

• Initiating a civil legal action under the Civil Procedure Code (CPC) involves formally instituting a lawsuit in a court of law. This includes the submission of a plaint by the plaintiff, outlining the factual and legal grounds of the claim along with the relief sought. Key steps in this process include selecting the appropriate court with jurisdiction, paying necessary court fees, and serving a summons on the defendant.
• Once the suit is instituted in accordance with CPC, legal proceedings unfold, encompassing the presentation of evidence and legal arguments. Ultimately, the court issues a judgment or decree to resolve the dispute. Instituting a suit represents a crucial stage in pursuing legal remedies and addressing civil conflicts through the judicial system.