The institution of suit is the formal process by which a civil dispute is brought before a court of law. A suit does not begin when a party feels aggrieved; it begins only when the law recognises it as properly instituted. Any defect at this stage can derail the entire litigation, regardless of how strong the claim may be.
This is governed primarily by the Code of Civil Procedure, 1908 (CPC).
Step 1: Existence of a Cause of Action
No cause of action, no suit.
A cause of action is the bundle of material facts that give a person the right to seek judicial relief.
If the plaint does not disclose a cause of action, the court will reject it at the threshold. Courts do not entertain hypothetical, premature, or speculative claims.
Step 2: Determination of Jurisdiction
Before drafting anything, jurisdiction must be fixed. Filing in the wrong court is not a minor error; it is fatal unless cured in time.
Jurisdiction is determined on three grounds:
Territorial jurisdiction – where the defendant resides, carries on business, or where the cause of action arises.
Pecuniary jurisdiction – based on the monetary value of the suit.
Subject-matter jurisdiction – whether the court is legally competent to try that category of dispute.
A court without jurisdiction cannot try the suit, no matter how valid the claim.
Also Read- Burden of Proof in Criminal vs Civil Cases
Step 3: Drafting of the Plaint
The plaint is the backbone of the suit. Everything that follows depends on what is pleaded here.
A valid plaint must contain:
- Name of the court
- Name, description, and address of parties
- Facts constituting cause of action
- Date when cause of action arose
- Facts showing jurisdiction
- Relief claimed
- Valuation of suit
- Statement regarding limitation
Facts, not evidence, are pleaded. Arguments do not belong in the plaint.
Step 4: Valuation of Suit and Court Fees
Every suit must be properly valued for:
- Jurisdiction
- Court fee purposes
Incorrect valuation or insufficient court fee invites rejection or return of the plaint. Courts are strict here because court fees affect revenue and jurisdiction.
The plaintiff must comply with the applicable Court Fees Act.
Step 5: Filing of the Plaint
The suit is formally instituted when the plaint is presented to the court. Alternatively, it is instituted when presented to an officer authorized by the court.
At this stage, the court checks:
- Proper format
- Jurisdiction
- Court fees
- Limitation
Presentation of the plaint is the legal moment when the suit comes into existence.
Also Read- Abetment – Meaning and Liability
Step 6: Scrutiny and Admission of the Plaint
After filing, the court scrutinises the plaint to ensure compliance with procedural requirements.
The court may:
- Admit the plaint
- Return the plaint for presentation to proper court
- Reject the plaint if it suffers from legal defects
Admission does not mean success. It only means the suit is legally maintainable at first glance.
Step 7: Issue of Summons to the Defendant
Once the plaint is admitted, the court directs issuance of summons to the defendant.
The summons calls upon the defendant to:
- Appear before the court
- File a written statement within the prescribed time
Proper service of summons is essential. Defective service can stall proceedings.
Step 8: Appearance of Parties
The defendant appears either personally or through an advocate. Non-appearance may result in ex-parte proceedings.
At this stage, the adversarial process formally begins.
Legal Significance of Institution of Suit
The date of institution is crucial because it determines:
- Limitation compliance
- Applicability of law
- Rights accrued to parties
- Priority among competing claims
Mistakes at the institution stage cannot always be corrected later.
Common Mistakes That Kill Suits Early
- Filing without a clear cause of action
- Choosing the wrong court
- Improper valuation
- Inadequate court fee
- Vague or argumentative pleadings
Courts are unforgiving here, and rightly so.
Also Read- Presumptions under Evidence Law
Institution of a suit is not a clerical formality. It is a legal filter that separates genuine disputes from defective litigation. A suit properly instituted stands on firm procedural ground. A suit badly instituted collapses before it even begins.
Civil litigation rewards precision, not emotion.
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