LAW (civil case/suit)

How a suit is instituted?

Institution of Suits: Every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf.

Parties of a suit are Plaintiff or Applicant and Defendant or Respondent

Every plaint shall contain the following particulars:

a) the name of the Court in which the suit is brought;

b) the name, description and place of residence of the plaintiff;

c) the name, description and place of residence of the defendant, so far as they can be ascertained;

d) where the plaintiff or the defendant is minor or a person of unsound mind, a statement to that effect;

e) the facts constituting the cause of action and when it arose;

f) the fact showing that the Court has jurisdiction;

g) the relief which the plaintiff claims;

h) where the plaintiff has allowed a set off or relinquished a portion of his claim, the amount so allowed or relinquished; and

i) a statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fees so far as the case admits.

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.

Order V of Civil Procedure Code provides that: when a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified, provided that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim.

The Judge or such officer shall sign every such summons as he appoints, and shall be sealed with the seal of the court.

Every summons shall be accompanied by the copy of the plaint or, if so permitted by a concise statement.

Order 2 of CPC provides that:

1. Every suit shall include the whole of the claim, which the plaintiff is entitled to make in respect of the cause of action, but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.

2. Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim he shall not afterwards sue in respect of the portion so omitted or relinquished.

3. A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs, but if he omits, except with the league of the Court, to sue for all such reliefs he shall not afterwards sue for any relief so omitted.