The Code of Civil Procedure (CPC) is a set of rules that govern how civil cases are handled in courts. Thus, the entire legal document talks about the various prerequisites and essentials for filing of a civil suit. However, there are certain sections in the Code that deal with certain specific conditions about filing and institution of a civil suit.
There are certain procedural aspects when it comes to filing of a suit. There are stated below-
- Drafting of a plaint
- Deciding upon the legally correct place of filing suit (as outlined in the Code)
- Presentation of plaint before the Court
The requirements for all of these are outlined in various parts of the Code. As regards to the second point, instructions regarding the same can be found in Sections 15 to 20 of the Civil Procedure Code, laying down various criteria to decide where the suit shall be filed.
The procedure for admitting a plaint in Court has been outlined in Order VII Rule 9. The court orders that the summons be served on the respondents in consonance with Order V, Rule 9, and that the plaintiff must submit that many copies of the plaint as there are defendants, in addition to the prescribed fee for serving the summons on the defendants, in under seven days of such an order.
The filing of a lawsuit is the first step in civil litigation. Section 26 of the Code of Civil Procedure, viewed in conjunction with Order IV of the CPC, governs the institution of suits. This section states that every lawsuit must be started by filing a plaint or in whatever other way stipulated by the law. Every plaint must include an affidavit to substantiate the facts. Such affidavit must adhere to the requirements outlined in Order VI, Rule 15A.
Order IV of the CPC governs the filing of a suit by plaint. It states the following:
- Every suit must begin with the filing of a plaint with the Court or any representative designated on the behalf of the Court.
- Every plaint must adhere to the guidelines described in Orders VI and VII.
- A plaint cannot be considered as duly instituted unless and until it meets the criteria outlined in sub-rules (1) and (2).
Order IV, Rule 1 must be read in conjunction with Section 26 of the Code in order to extend the law as given in the Section. A lawsuit is only considered adequately commenced if it is delivered directly to the court or to an appropriate official designated in this capacity with a plaint or in duplicate. The plaint must adhere to the conditions defined in Orders VI and VII.
Section 80 of the Civil Procedure Code necessitates that a legal notice be served prior to the filing of a suit if the respondent is the government or an officer of the government. But even so, only a few civil suits necessitate the serving of a legal notice. In some cases, advocates serve legal notice prior to the filing of civil cases to notify the defendant that the sender is making the ultimate attempt to resolve the dispute. It is mainly employed as a precautionary measure.