Institution of Suit Under CPC 1908.

                                              Lecture --3

Q 3.   How a suit is to be instituted. What are the rules relating to the institution of suits?

Institution of Suit:-

 According to Section 26 CPC, a suit is instituted by the presentation of a plaint or in such other manner as may be prescribed by rules made by High Court. Since these rules are different with different High Courts, the requirement for institution suit are not uniform. With a view to bringing uniformity and by down simple procedure to complete the pleadings, Clause 2 amends Section 26 of the code and provide that facts must be proved by affidavit in every plaint.

The affidavit should contain the genuineness of the claim made by the plaintiff and the document on which he relies upon to establish his claim. If all the things are stated in the affidavit there may not be any need to have oral evidence. The suit will have to decree on the basis of the averment made in the affidavits unless they are contradicted by the opposite party. In short, affidavit must speak for itself.

Essentials of suit:-

(i)                          Opposite party.

(ii)                       A subject in dispute.

(iii)                    A demand for relief.