General concept of suit
The term suit is not defined under the in the C.P.C. but by various decisions it can be said that “Suit ordinarily means a civil proceedings instituted by presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights (or substantive rights, it may be against state or individual). A suit is resulted into decree. Without suit there can not be a decree.
*There are four essentials of a suit*
Name of Parties (there must be two opposing parties) – In a suit there must be at least two parties the plaintiff & the defendant. There is no limitation with regards to number on either side.
Cause of Actions – it is a set of facts or circumstances that a plaintiff is required to prove. A person is party to a suit if there is a cause of action against him. The cause or the set of events or circumstances which leads or resulted into presentation of a plaint or filing a suit. – lay man language
Legally – The cause of action means every facts which is necessary for the plaintiff(s) to be proved with a view to obtain a decree in his favour.
Cause of action means all essential facts constituting the right and its infringement.
Every plaint must disclose a cause of action if not, it is the duty of the court to reject the plaint – O.7, R.11
Subject matter – there must be a subject matter (with what respect or aspect civil dispute is).
Section-9. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Explanation I: A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Explanation II: For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.
*Relief claimed by the plaintiff* – no court will give relief unless relief is specifically claimed by the party
Relief is of two types-
1) specific relief and
2) alternative relief.
*Various stages of civil suit*
1. Institution of suit or commencement of suit.
2. Service of summon.
3. Written statement
4. First hearing and framing of issues.
5. Discovery.
6. Production of evidence and final hearing.
7. Arguments.
8. Judgment.
9. Preparation of decree.
10. Execution of decree.
Every suit shall be instituted by presentation of a plaint and (every plaint shall be proved by affidavit) by amendment of 2002.- Sec.26
Every suit shall be instituted by presenting a (plaint in duplicate to the court) by amendment of 1999.
Every plaint shall comply the rules contained in O.VI & VII of C.P.C.
A plaint shall not deemed to be duly instituted unless it complies the provisions of O.IV R. 1 & 2.
Particulars of every suit be entered in a book called register of civil suit.
When a suit has been instituted, a summon may be issued to the defendant to appear and answer the claim and may be served in prescribed manner (as described in O.V of C.P.C.) – within 30 days (amendment act of 1999) – S. 27
Section 6 – No Court Shall entertain any suit, the amount or value of the subject matter of which exceeds the pecuniary limits of its jurisdiction.- Pecuniary Jurisdiction (Rule – 1)
Section 9 – The court shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.- Jurisdiction relating to subject matter – (Rule 2)
Section 15 – Every suit shall be instituted in the court of the lowest grade competent to try it. – (Rule -3)
Jurisdiction
Jurisdiction means the extent of power of a court to entertain suits and applications. It signify the power, authority, competency of the court to adjudicate the disputes presented before it. It can be referred to be the right of administration justice by means of law. It means the power of authority of a court to enquiry to the facts to apply the law and to pronounce the judgement and to carry it into execution.
Territorial Jurisdiction
Every court has its own specific local territorial limits – fixed geographical boundaries
Pecuniary Jurisdiction
The pecuniary jurisdiction of a civil court refers to the amount or the value of cases that can be presented before it for adjudication,
Jurisdiction relating to subject matter
It is power and authority of a court to try a particular type of suit
Original Jurisdiction – In exercise of the original jurisdiction, court tries original suits instituted in that court.
Appellate Jurisdiction – In exercise of the appellate jurisdiction, the court hears appeals from decree and order passed by subordinate courts.
Note :- There are certain court which have only original jurisdiction but some of the courts which have both original and appellate jurisdiction.
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