Meaning and essentials of suit under CPC
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.