Institution of a Suit: A Comprehensive Guide to Provisions and Jurisprudence
The institution of a suit marks the initiation of a civil proceeding in the Indian legal system. Governed by the Civil Procedure Code, 1908 (CPC), it is a crucial step for parties seeking legal remedies. This article aims to provide an in-depth understanding of the relevant provisions and landmark judgments concerning the institution of a suit.
Legal Framework: Provisions in the CPC
Section 26: Institution of Suits
Section 26 of the CPC, 1908, stipulates that every suit shall be instituted by presenting a plaint. The plaint must be in duplicate, supported by an affidavit, and duly verified by one of the parties or someone acquainted with the facts of the case1 .
Sections 79 and 80: Suits by or Against the Government
Sections 79 and 80 of the CPC, 1908, lay down the procedure for instituting suits by or against the Government. Section 79 specifies the authority to be named as the plaintiff or defendant, while Section 80 mandates a two-month notice period before the institution of such suits2.
Order VI: Pleadings over Institution of a Suit
Order VI of the CPC outlines the general rules for pleadings, which form the basis for instituting a suit. It emphasizes the need for stating material facts and not evidence3.
Landmark Judgments for Institution of a Suit
Razia Begum vs Shabjadi Anwar Begum, AIR 1958 SC 886
This case laid down the principles for exercising power under Section 26 of the CPC. It clarified the scope and limitations of the court’s jurisdiction in the institution of suits4.
Vishwanath Satwaji Gaikwad vs Laxman s/o Abaji Kavale & Others, AIR 2000 Bom 307
This case elaborated on the scope of Order IX, Rule 5, particularly concerning the dismissal of suits and the remedy available to the plaintiff5.
The institution of a suit is a complex process governed by various provisions of the CPC, 1908. Understanding these provisions and their interpretation by the courts is crucial for the effective institution of a suit. Parties must adhere to these legal norms to ensure that their suits are instituted correctly, thereby paving the way for a fair trial.
- Section 26 of The Code Of Civil Procedure, 1908
- Sections 79 and 80 of The Code Of Civil Procedure, 1908
- Order VI of The Code Of Civil Procedure, 1908
- Razia Begum vs Shabjadi Anwar Begum, AIR 1958 SC 886
- Vishwanath Satwaji Gaikwad vs Laxman s/o Abaji Kavale & Others, AIR 2000 Bom 307
Provisions of Law
|Sr. No.||Provision / Section of Law||Exact text of the Provision / Section of Law|
|1||Section 26 of the CPC, 1908||“Every suit shall be instituted by presentation of plaint in duplicate supported by affidavit and duly verified by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.”|
|2||Sections 79 and 80 of the CPC, 1908||“Section 79: Suits by or against Government.- In a suit by or against Government, authority to be named as plaintiff or defendant as case may be shall be- (a) in case of Central Government- (i) where it relates to railway- The Union Of India; (ii) where it relates to any other matter- The Secretary To The Government Of India; (b) in case State Government- The State; © in case Union Territory- The Administrator thereof acting within scope his authority.”
“Section 80: Notice.- No suit shall be instituted against Government (including Government Of State Of Jammu And Kashmir) or against public officer in respect any act purporting to be done him his official capacity until expiration two months next after notice in writing has been delivered to or left at office- (a) in case suit against Central Government where it relates to railway- General Manager that railway; (b) in case suit against Central Government where it relates to any other matter- Secretary To That Government; © in case suit against State Government- Secretary To That Government or Collector District; (d) in case suit against public officer- That Officer; stating cause action, name description plaintiff, relief which he claims; and plaint shall contain statement that such notice has been so delivered or left.”
|3||Order VI of the CPC||“Order VI: Pleadings Generally.- 1. Pleading.- “Pleading” shall mean plaint or written statement. 2. Pleading to state material facts and not evidence.- (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words. 3. Forms of pleading.- The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary.- In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. Further and better statement, or particulars.- A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just. 6. Condition precedent.- Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and subject thereto an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.”|