Institution of Suit: Process and Legal Significance
Meaning of the term Suit:
The term "suit" refers to a broad category of legal action initiated by a plaintiff seeking redress or enforcement of rights through a court of justice, whether in law or equity.
The Supreme Court, in its 2011 decision in Ethiopian Airlines v. Ganesh Narain Saboo, clarified that a "suit" encompasses any legal action undertaken by an individual to enforce a statutory or common law right.
Key Components of Filing a Suit under the CPC:
• Drafting a Plaint: The plaintiff commences proceedings by submitting a formal written statement, known as a "plaint," to the appropriate court. The plaint delineates the facts of the case, the legal grounds of the claim, and the specific relief sought.
• Selection of the Appropriate Court: The plaintiff must determine and file the suit in the court having proper jurisdiction over the subject matter and the parties involved.
• Payment of Court Fees: Pursuant to the Court Fees Act of 1870, the plaintiff is required to pay the prescribed court fees, which vary according to the nature and magnitude of the claim.
• Service of Summons: Upon the filing of a suit under the CPC, the court issues a summons to the defendant, informing them of the pendency of the suit and directing their appearance to respond to the plaintiff's allegations.
• Conduct of Legal Proceedings: Following the service of summons and the defendant’s appearance and response, the court conducts a trial, wherein evidence is presented and legal arguments are exchanged, culminating in a judgment or decree.
Institution of Suit under CPC.
Section 26 and Order IV of the CPC provide the procedural framework for the initiation of legal proceedings. Additionally, in cases where the defendant is the government or a public official, Section 80 of the CPC mandates the service of a legal notice prior to the institution of a civil suit.
