Institution of Suit under CPC

The institution of suit under CPC is a foundational element of the Indian legal system, marking the formal commencement of a civil legal action. This process allows individuals and entities to seek legal redress for disputes in a structured and orderly manner.

At the heart of the institution of suit is the filing of a “plaint” by the plaintiff, outlining the facts of the case, the legal grounds for their claim and the relief they are seeking. Jurisdiction and court fees are crucial considerations, ensuring that the right court handles the case and that the necessary costs are covered.

Once the suit is instituted, the legal proceedings take their course, leading to the court’s judgment or decree. The institution of suit under CPC is a fundamental step in the pursuit of justice and resolution of civil conflicts in India’s legal landscape.

What is a Suit?

The term ‘suit’ is not specifically defined in the CPC, 1908. According to Black’s Law Dictionary, 4th edition, a ‘suit’ is a general term that covers any legal action where one person or a group of people take legal action against another in a court to seek a remedy provided by the law for addressing a harm or asserting a right, whether it’s a matter of law or equity.

A ‘suit’ is a formal legal process initiated by filing a complaint to enforce civil or substantive rights against either the government or an individual. When a ‘suit’ is concluded, it leads to the issuance of a legal judgment or decree. Without a ‘suit,’ there can be no such judgment.

In the Ethiopian Airlines v. Ganesh Narain Saboo case from 2011, the Supreme Court explained that the term ‘suit’ is a broad term encompassing all actions taken by a person to enforce a legal right granted by the law.

In the significant case of Hansraj Gupta & Others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd. in 1932, the Privy Council ruled that a civil legal proceeding begins with the submission of a complaint.

Meaning of Institution of Suit

Institution of suit under CPC refers to the formal commencement of a legal action or civil suit by a plaintiff against a defendant in a court of law. The institution of suit initiates the legal process by which the plaintiff seeks a legal remedy, such as a judgment, order or decree, for a particular issue or dispute.

The key components of the institution of suit under CPC typically include:

• Filing a Plaint: The plaintiff starts the process by filing a written statement known as a “plaint” in the appropriate court. The plaint outlines the facts of the case, the legal basis for the claim and the relief or remedy sought.
• Court Selection: The plaintiff must choose the correct court with jurisdiction to hear the case, meaning that the court has the legal authority to handle the specific type of dispute and is located within the appropriate geographic area.
• Payment of Court Fees: The plaintiff is generally required to pay the prescribed court fees, which may vary depending on the nature and value of the suit, as per the Court Fees Act, 1870.
• Service of Summons: After the institution of the suit under CPC the court issues a summons to notify the defendant of the legal action and require their appearance in court to respond to the plaintiff’s claims.
• Proceedings: Once the defendant receives the summons and responds, the legal proceedings unfold, including the presentation of evidence, legal arguments and ultimately the court’s judgment or decree.

In summary, the institution of suit under CPC is the formal initiation of a civil legal action, marking the beginning of the legal process to address and resolve a specific dispute between parties through a court of law.

How Institution of Suit under CPC is Done?

Section 26 and Order IV provide the guidelines for initiating legal proceedings. Section 26 specifies that every civil suit must begin by presenting a written statement (called a plaint) in duplicate or as per the rules set out in the Code of Civil Procedure, to the court or an authorised officer. The facts presented in the plaint must be supported by an affidavit. To understand this better, we should also consider Order IV, VI and VII of the first schedule.

Rule 1 of Order IV should be considered alongside Section 26 to expand on the legal requirements outlined in the section. This rule states that a civil suit is considered officially started only when a duplicate of the plaint is presented either directly to the court or to a designated officer. Furthermore, the said plaint must adhere to the regulations outlined in Order VI and VII.

Section 80 of the CPC mandates that, in cases where the defendant is the government or a public officer, a legal notice must be delivered before filing a civil suit. However, it’s important to note that not all civil suits require such a notice. In some situations, lawyers send legal notices before initiating civil cases to inform the defendant that they are making a final effort to resolve the dispute. This is typically done as a precautionary measure.

The procedural steps for institution of a suit under CPC include:

• Drafting a plaint (a formal written statement outlining the case)
• Selecting the appropriate court for filing the civil suit (the place of suing)
• Presenting the plaint to the court or a designated officer.

Plaint

The institution of a suit under CPC starts with a plaint. A “plaint” is a legal document through which a plaintiff asks the court for compensation for any harm caused by the defendant. While there is no strict format for drafting a plaint, Order VII, Rule 1 of the CPC provides specific requirements for its content. A plaint should include the following information:

• The name of the court where the civil suit is filed.
• The plaintiff’s name, description and address.
• The name, description and address of the defendant, to the extent known.
• If the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect is needed.
• The facts that give rise to the legal claim and when they occurred.
• The facts that establish the court’s jurisdiction.
• The type of relief or compensation the plaintiff is seeking.
• If the plaintiff has accepted a set-off or waived part of their claim, the amount they’ve allowed or waived.
• A statement of the value of the subject matter of the civil suit for determining jurisdiction and court costs, to the extent applicable.

In the case of Kavita Tushir v. Pushpraj Dalal (2022), the Delhi High Court ruled that a plaint cannot be rejected in parts; it must be either accepted or rejected in its entirety. This means that a plaint should be considered as a whole and if it is found deficient or problematic, it should be rejected in its entirety rather than in parts.

Grounds for rejecting a plaint, as outlined in Order VII, Rule 11, include:

• When there is no valid cause of action presented.
• If the relief sought is undervalued and the plaintiff fails to update the valuation as directed by the court within a specified period.
• When the relief sought is correctly valued but the plaint is not sufficiently stamped and the plaintiff is instructed by the court to provide the necessary stamp paper within a given deadline but fails to do so.
• If the statements in the plaint indicate that the civil suit is prohibited by any law.
• When the plaint is not filed in duplicate.
• If the plaintiff fails to comply with the provisions of Rule 9.

Appropriate Place of Suing

Sections 15 to 20 of the CPC address the location or place where institution of a suit under CPC can be done.

Section 15 specifies that the plaintiff should file their civil suit in a court with the lowest level of competence.

Section 16 outlines that suits must be initiated within the local jurisdiction where the subject property is situated in cases involving:

• Recovery of immovable property (with or without rent or profits).
• Partition of immovable property.
• Foreclosure, sale or redemption of a mortgage or charge on immovable property.
• Determination of any other right or interest in immovable property.
• Compensation for damage to immovable property.
• Recovery of movable property under distraint or attachment.

If a suit is filed for relief or compensation for a wrongful act to immovable property and it can be effectively obtained through the defendant’s presence, it may be filed in a court within the local jurisdiction where the property is located or where the defendant resides, carries on business or earns a livelihood. This is based on the principle of “equity acts in personam,” which means that equity applies to a person rather than to property.

Section 17 discusses the jurisdiction of suits involving immovable property located in the jurisdictions of different courts. When immovable properties are situated in separate jurisdictions, the suit can be filed in any court within the local jurisdiction where any portion of the property is located, as long as the cause of action for both properties is the same.

In the case of Shivnarayan v. Maniklal (2019), the Supreme Court clarified that under Section 17 of the CPC, the term ‘property’ can refer to more than one property. Suits related to different properties can be filed in any court with jurisdiction if the cause of action is the same.

Section 18 addresses the location for initiating a civil suit in situations of uncertain court jurisdiction. When there’s doubt about which court should handle a case involving immovable property, any of the courts involved can make a statement noting the uncertainty. If the court accepts this uncertainty and proceeds to hear the case, its judgment will be as valid as if the property was within its local jurisdiction. However, the court in question should still be competent based on the nature and value of the case.

If a statement is not made under Section 18(1) and an objection is later raised before an Appellate or Revisional Court that the original court lacked jurisdiction over the property’s location, the objection will only be entertained if there was no reasonable doubt about the jurisdiction at the time of the suit’s initiation, resulting in an injustice.

Section 19 pertains to suits seeking compensation for harm to a person or movable property. In such cases, the plaintiff can choose to file the suit either in the jurisdiction where the defendant resides, conducts business or earns a livelihood or where the property is situated.

Section 20 serves as a general provision for determining the location for filing a civil suit. It deals with the initiation of suits where the defendant resides, conducts business, earns a livelihood or where the cause of action wholly or partly arises within the court’s jurisdiction. If there are multiple defendants when the suit begins, it can be initiated in a court where any of the defendants resides, conducts business or earns a livelihood, provided that the plaintiff obtains permission from the court. If the defendants agree to the chosen location, there is no need for court permission.

Presentation of Plaint

Order VII Rule 9 outlines the procedures for admitting a plaint for institution of suit under CPC. According to this rule:

• The court will issue orders for serving summons on the defendants as per the guidelines in Order V, Rule 9.
• The plaintiff is required to provide as many copies of the plaint as there are defendants and should also pay the prescribed fee for serving these summons on the defendants within seven days of the court’s order.
• The plaintiff must specify in what capacity the defendant or defendants are being sued, especially if they are acting on behalf of others. If there is a need to amend these statements to ensure they align with the contents of the plaint, the plaintiff may request permission from the court.
• The chief magistrate officer of the court will verify and approve these lists, copies or statements if they are found to be accurate and in order after examination.

Scope and Applicability of Section 26

In a civil civil suit, the responsibility for providing evidence lies with the plaintiff. The plaintiff must demonstrate that the allegations against the defendant are true and that the defendant is legally responsible for any damages claimed. To initiate a civil suit, the plaintiff’s plaint should include all the necessary details and supporting documentation.

Additionally, the prescribed court expenses, which typically represent a small portion of the total claim or suit value, should be submitted along with the plaint. The specific court fees and stamp duty amounts are determined by the Court Fees Act, 1870 and the Stamp Act, 1899, based on the type of suit being filed.

Section 9 of the CPC deals with court jurisdiction to hear all civil suits, with exceptions only when the law explicitly or implicitly prohibits it.

Formalities After the Institution of Suit under CPC

The institution of suit under CPC before a court or its designated officer is detailed in Order IV, Rules 1 and 2.

Section 27 pertains to the issuance of summons to the defendant or defendants. A summons, calling upon the defendant to respond to the claim, is dispatched within thirty days after the suit is filed and it is served as per the specified procedure.

Section 28 deals with serving summons to defendants residing in other states. When a defendant resides in a different state, the summons must be forwarded to the court in that state, following its established rules. The receiving court acts as if it had issued the summons itself and sends it back, along with a record of its actions, to the court that initially issued the summons.

If the summons sent to another state is in a language different from the court’s official language, a translation of the record is required:

• If the court issued the summons in Hindi, the translation must also be in Hindi.
• If the record is in a language other than Hindi or English, the translation must be provided in Hindi or English and delivered with the record.

Section 29 addresses the service of foreign summons. Summons and other legal documents can be presented by:

• Any Civil or Revenue Court established in India, even if the CPC doesn’t apply.
• Any Civil or Revenue Court established or maintained by the Central Government outside of India.
• Any other Civil or Revenue Court outside of India to which the Central Government has extended the application of these provisions through an official notification in the Gazette. These documents can be delivered to courts within the areas covered by this Code and served as if they were issued by those local courts.

Section 31 extends the principles of Sections 27, 28 and 29 to cover witness summonses. This means that the procedures for issuing and serving summonses for producing documents, materials or providing testimony are governed by these sections.

Conclusion

The institution of suit under CPC is the formal initiation of a civil legal action in a court of law. It involves the filing of a plaint by the plaintiff, specifying the facts and legal basis of the claim and the relief sought. Choosing the appropriate court with jurisdiction, paying the required court fees and serving a summons on the defendant are essential steps in the process.

Once the suit is instituted in CPC, legal proceedings unfold, including the presentation of evidence and legal arguments. The court ultimately issues a judgment or decree to resolve the dispute. The institution of suit is a critical step in seeking legal remedies and addressing civil disputes through the judicial system.