Introduction:

The Code of Civil Procedure, 1908, governs the conduct of civil proceedings in India. It is
crucial to ascertain the court's jurisdiction under Section 9 and the location of the lawsuit
under Section 18 of the CPC prior to filing a civil complaint. The institution of the lawsuit
under Section 26 of the CPC is the first stage in the civil litigation process. The provisions of
filing a lawsuit under Section 26 of the CPC are thoroughly examined in the current article.

Meaning of a Suit
The term ‘suit’ has not been defined in the CPC, 1908. Generally, it is understood as a
proceeding that commences upon the presentation of a plaint in a civil court.

A suit, according to Black's Law Dictionary, is a legal action brought by one or more parties
against another.

A plaint is a statement in writing of a cause of action in which the relief claimed is set out in
detail.

The Black’s Law Dictionary defines a suit as the proceeding initiated by a party or parties
against another in the court of law.

In Ganesh Narain Saboo v. Ethiopian Airlines (2011), the Hon'ble Supreme Court said that the
term "suit" is a general phrase that incorporates all measures to be done by a person to enforce
a legal right that has been granted to them by law.

Provisions regarding institution of a suit are specified under Section 26 and Orders I, II, IV, VI, VII.
Essentials of a Suit

There are four essentials of a suit which are explained as follows:

1. Parties (Order I)

In a suit, there must be at least two parties i.e. the plaintiff and the defendant. There is no bar as
to the maximum numbers of plaintiffs or defendants.

There are two categories of parties viz. necessary party and proper party. The significance of the
necessary party in a suit is that the presence of such a party is vital to the constitution of the suit
and the relief is sought against such party and without such party, no effective order can be
passed. A proper party is one in whose absence an effective order can be passed, nonetheless
whose presence is necessary for a complete and final decision on the question involved in the
proceeding.

2. Subject Matter

There must be a subject matter i.e. a set of facts which have to be proved to enable the plaintiff
to get the relief claimed by him. It includes the cause of action.

3. Cause of Action (Order II, Rules 3, 6 and 7)

It contains a set of facts or circumstances that the plaintiff is required to prove before he can
succeed. It serves as the foundation of the suit. It includes all the essential facts which
constitute the right of a plaintiff and its alleged infringement and thus it is an antecedent to the
filing or institution of any suit. The facts must be mentioned in clear and unambiguous terms. A
person is a party to the suit if there lies a cause of action against him.

The Hon'ble Supreme Court ruled in Rajasthan High Court Advocates

Association v. Union of India & Ors. (2000) that the term “cause of action" had
a defined meaning in the law. It speaks of the circumstances surrounding the
violation or the root cause of the behavior. In a broader sense, it refers to the
requirements for the suit to be kept alive, which comprise both the violation of
the right and the right itself, as well as both of these. and condensed the phrase
to all of the facts that the plaintiff would need to prove in order to support his
claim in the court's ruling.

4. Relief claimed by the plaintiff

Relief is a remedy in legal sense for wrong accrued to the plaintiff. No court will give relief unless
it is specifically claimed by the parties to the suit. There are two types of reliefs: Specific and
Alternative.

Institution of a Suit under CPC, 1908

There are various stages of a suit viz. institution of suit or commencement of suit, service of
summons, written statements, first hearing and framing of issues, production of evidence and
final hearing, arguments, judgment, preparation of a decree and its execution.

The focus of this article is to deal with the first stage i.e. Institution of a suit. The institution of a
suit consists of the following steps:

1. Filing of a plaint

Order VII deals with the format of a plaint and contains various rules.
Pleadings are defined as pleadings as “a plaint or a written statement” in Order VI Rule I of the
CPC, 1908. Plaint is the first step to initiate the filing of a suit. The document containing various
facts and circumstances regarding the Plaintiff’s grievance is filed by the plaintiff after hiring a
counsel and such a document is called a plaint.

2. Amendment of Pleadings

The Court may, at any stage of the proceedings, allow either party to alter or amend its pleadings
in such manner and on such terms as may be just (Rule 17 of Order VI of CPC, 1908), and all
such amendments shall be made when it is necessary for determination of real question in
controversy or is just and proper or is necessary in the interest of justice.

3. Place of suing

The place of suing plays a major role in a suit as it directly deals with the authority of a court to
pass a decree. Choosing a court depends upon the contents of plaint one is filing. It refers to the
jurisdictional aspect. Section 9 of CPC, 1908 provides that the Courts shall have jurisdiction to
try all suits of a civil nature except in suits of which their cognizance is either expressly or
impliedly barred.
impliedly barred.

Section 15 of Civil Procedure Code provides that every suit shall be instituted in the Court of the
lowest grade competent to try it. On the filing of the suit, the Court must ascertain whether it has
jurisdiction to entertain it. In cases where the jurisdiction is challenged by filing a petition by the
defendant(s) to reject the plaint under Order VII-Rule 11 CPC. The want of jurisdiction is merely
an irregularity of the proceedings and the Court has the power to rectify it.

Presentation of the plaint (When does the suit commence?)

The moment the plaint is filed it leads to the institution of the suit as it is provided in Section 26
of CPC, 1908 provides that every suit under shall be instituted by the presentation of a plaint or
in such other manner as may be prescribed and the contents of such plaint shall be proved by an
affidavit as per the amendment of 2002.

Thus, a plaint is rightly filed by complying with the provisions of Order IV-Rule 1 of CPC, 1908.
The plaint may be presented either by the affected person himself, or by his advocate or by his
recognised agent or by any person duly authorised by him.

Time and Place of Presentation

Ordinarily, the presentation of a plaint must be on a working day and during the office hours. But
there is no rule regarding it being made either at a particular place or time

Registration of Suits

Rule 2 of Order IV provides that 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 after the Court fees
have been paid correctly in the Court having pecuniary Pecuniary jurisdiction specifies the
monetary jurisdiction of the Court and divides the Courts on a vertical basis.

Territorial jurisdiction deals with the area wise jurisdiction of various courts which is decided by
taking numerous factors into consideration.
Such entries shall be numbered in every year according to the order in which the plaints are
admitted. Thus, after the presentation, the suit will be numbered along with being scrutinised by
the Stamp Reporter.

Once all these steps have been taken care of, a suit is successfully instituted before a Civil
Court.

Conclusion
The path a lawsuit takes from the filing of the complaint through its establishment in court is
influenced by a variety of circumstances. All of these conditions are laid forth in the CPC of 1908
in a structured manner. Such procedural procedures highlight the CPC's exclusivity, and as a
result, delays are brought on when a civil suit is instituted and when a ruling is passed.
The CPC, 1908, contains a provision under Section 89 that allows for the settlement of some
disputes outside of court by conciliation, arbitration, judicial settlement, including settlement
through Lok Adalat, and mediation, indicating that the legislators were aware of this. Additionally,
Order XXXVII has a provision for summary proceedings, which offer prompt and effective
remedies.