- Section 26: Institution of Suits: Section 26 of the CPC lays down the requirements for the institution of suits. It states that every suit shall be instituted by presenting a plaint to the court. The plaint should contain the necessary facts, grounds, and reliefs sought by the plaintiff along with supporting documents, if any.
- Section 27: Jurisdiction: Section 27 provides guidelines regarding the jurisdiction of the court where a suit can be instituted. It states that a suit should be filed in the court within whose local limits the defendant resides or the cause of action arises. In case of immovable property, the suit should be filed where the property is situated.
- Section 28: Place of Suing: Section 28 deals with the place of suing. It states that the plaintiff has the option to file a suit either in the court within whose jurisdiction the cause of action arises or in the court where the defendant resides.
- Order IV: Plaint: Order IV of the CPC provides detailed instructions on drafting a plaint. It specifies the requisite information that should be included, such as the name and description of the parties, facts supporting the claim, relief sought, and the valuation of the suit for the purpose of court fees.
- Order V: Issue and Service of Summons: Order V outlines the process of issuing and serving summons to the defendant. It explains the various methods of service, including personal service, registered post acknowledgment due, and substituted service if the defendant cannot be found.
- Order VI: Pleading Generally: Order VI deals with pleadings, which are the formal statements of each party’s claims and defenses. It emphasizes the importance of clear, concise, and specific pleadings to avoid ambiguity and uphold the principle of fair trial.
- Order VII: Plaint Verification and Valuation: Order VII provides guidelines for verifying the plaint, which requires the plaintiff or their authorized representative to sign the document and declare its truth. It also covers the procedure for valuing the suit for the purpose of court fees and jurisdictional considerations.
Conclusion: The institution of suits under the Civil Procedure Code is a crucial step in seeking legal remedies in civil matters. Understanding the provisions, sections, and orders mentioned above is essential for both plaintiffs and defendants. By following the correct procedures and adhering to the guidelines, parties can ensure a fair and efficient legal process.
