Meaning and essentials of the suit under CPC
In this article, we will discuss what
is suit? And what are the essentials of the suit under CPC?
Let’s consider
it in detail.
Introduction:-
The term suit is
not defined under the CPC but on the basis of the various decisions, it can be
said that ‘suit ordinarily means a civil proceeding instituted by the presentation
of a plaint. Civil suit is the institution of the litigation for enforcement of
civil rights (or substantive rights, it may be against state or individual). A suit
results in a decree. Without a suit, there can be no decree.
Meaning of the
suit:-
According to
the dictionary meaning, “suit” is a generic term of comprehensive signification
referring to any proceeding by one person or persons against another or other
in a court of law wherein, the plaintiff purses the remedy which the law affords him for the redress of any
injury or the enforcement of a right, whether at law or in enquiry.
So far as the Code of Civil Procedure is
concerned, the term “suit” means a civil proceeding instituted in a civil court
by the presentation of a plaint (S. 26), and it would not be possible to call
any proceeding a suit even if it is a proceeding instituted in the Civil Court,
if it is not done by a plaint.
There are four essentials
of a suit
Name of
Parties:-
There must
be at least two parties the plaintiff (who claims) and the defendant (against whom
plaintiff claim). There is no limitation with regards to the number on either side.
Cause of Actions:-
Without a
cause of action there is no existence of the suit. Cause of action is a set of
fact or circumstance that a plaintiff is required to prove. Means that set of facts
and circumstances constituting the right and its infringement.
The cause of action means every fact which
is necessary for the plaintiff to be proved with a view to obtain a decree in
his favour.
Where a plaint is not disclosing a cause of
action, it is the duty of the court to reject the plaint under Or. 7 R.11.
Subject matter:-
The third essential
for a suit is subject matter, means in what respect or aspect a civil dispute
is related.
Relief claimed
by the plaintiff:-
The
fourth essential is relief claimed by the plaintiff in his suit. No will grant
relief unless it is specifically claimed by the party.
Relief is of
two types:-
1. Specific relief and
2. Alternative relief.
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