Introduction

• A suit is a proceeding by which an individual pursues that remedy which the law affords. It is a civil proceeding instituted by the presentation of a plaint.
  • Though the term suit has not been defined under the Civil Procedure Code, 1908 (CPC).
• According to Section 2(1) of The Limitation Act, 1963, Suit does not include an appeal or an application.
• In Ethiopian Airlines v. Ganesh Narain Saboo (2011), the Supreme Court held that the term suit is a general term that includes all actions which are to be taken by a person to enforce a legal right that has been vested by law.

Essentials of a Suit

• The Opposing Parties:
  • In every suit there must be at least one plaintiff and one defendant.
  • There may be more than one plaintiff and more than one defendant where an act or transaction proceeds from two or more persons or it affects two or more persons.
• The Cause of Action:
  • Every suit must contain the cause of action which refers to the cause or the set of circumstances which leads up to a suit.
    • It consists of every fact which is necessary to be proved to entitle the plaintiff to a decree.
  • In Rajasthan High Court Advocates Association v. Union of India & Ors. (2000), the SC held that the term cause of action had a judicially established meaning. It refers to the conditions surrounding the violation of the right or the direct cause of the conduct.
• The Subject Matter:
  • It is the right or property claimed in the suit.
  • The court adjudicates upon the right of the parties with regard to the subject matter in a dispute.
• The Relief Claimed:
  • The relief claimed should be stated specifically in the plaint. It may be stated in the alternative also.
  • The relief claimed must be one which the Court is able to grant.
  • When a person is entitled to more than one relief in respect of the same cause of action, he must sue for all reliefs.

Institution of a Suit

• Section 26 and Order IV of CPC provides for the Institution of suit.
• Section 26 of CPC states that -
  1. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
  2. In every plaint, facts shall be proved by affidavit

Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A of CPC.

• This section must be read with Order IV, VI & VII of the first schedule.
• Rule 1 of Order IV of CPC deals with the institution of a suit by the commencement of a plaint. It states that -

(1) Every suit shall be instituted by presenting plaint in duplicate to the Court or such officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).

• Rule 2 of Order IV of CPC deals with the registration of suits. It states 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. Such entries shall be numbered every year according to the order in which the plaints are admitted.