In general term it is known as the proceedings of a judicial & non judicial in which disputes of the parties are settled .
GENERAL – The process of institution of suit has been defined under sec 26 to 35b & order 1 to 20 of the first schedule deals with procedure relating to suits , in which order 1, 2, & 4 provide for parties to frame a suit & Institution of suit
ESSENTIALS OF SUIT – 1.Opposing parties 2. subject matter in dispute 3. Cause of action 4. Relief
PARTIES – As it is mention above the parties is one of the essential to institute any suit which was mention under order 1 , which also covers the topic such as joinder , non joinder & misjoinder Now what is this joinder of parties first of all in simple terms joinder of parties is a process in which two or more persons come together to jointly present or to defend the suit now basically parties can come together as a joint party only when there is joint relief arising from the same series of act or when they both have some same question of law also the parties in any suit are of two types necessary or proper the former is one in absence of which no decree can be passed while latter is totally vice versa of same , For any types of joinder of parties the parties have to be approached the court at earliest opportunity possible any type of misjoinder or non joinder by the end of parties will not make liable to the court at the end .The parties at any earliest opportunity apply for adding or substituting the parties the court can allow the same if the request is bonafide , power of court Rule 10 (2) order 1 gives the power to court to joined the parties if they think that it is essential for settling the dispute , normally the plaintiff is a dominus litis which means that court cant force him to fight against the person if he didn’t want to but in certain cases court can take power into its hands .The principles of rule 10 (2) was described in a Razia begum v. Sahebzadi anwar begum as a judicial discretion of the court to determine whether it will affect the future generations or not .
Subject matter – In simple terms subject matter or the main issue have to be in such a manner that civil liability is arising from the same , or it is not barred with the scope of sec 9 of cpc .
Cause of action – Now other essential element of any suit is that there have to be series of fact which causes infringement or makes them fall under the ambit of the civil suit .
Relief – There have to be relief claimed for the same not the criminal punishment have to be there ,According to order 2 rule 2 relief once claimed is final for the same cause of action with different relief different suit cant be filed .
Now after discussing the essential procedure before filing the suit let us discuss about that how the real process works , The provision for the same was mention in Section 26 & Order 4 rule 1 of cpc Which was as follow –
Presentation of plaint – Every suit was initiated by the presentation of the plaint in the court in such a manner as may prescribed by the code .
The plaint have to be presented by the plaintiff or by his agent which was duly recognized by him .
There is no such hard & fast rule rule for the presentation of the plaint the plaint can be present anywhere to the judge if it is not causing any type of inconvenience to the authority .
Every plaint must contain necessary particulars once submitted plaint was scrutinize by stamp reporter for any kind of defects in the same .
Important judgments –
Ramesh Dwarkadas Mehra Vs. Indravati Dwarkadas Mehra, 2001 (4) Everyone has a right to bring a suit unless it is barred by the law .
Jasminebibi Vs. Commissioner of Waqfs – The word party given a meaning in the case as a person who plays part in the suit or litigation.
Sita Ram Vs. Rajendra Chandra, AIR 1956 Assam 7- For joinder there have to be only one issue that is common before them all.
Conclusion –
From above study we can came to the conclusion that the institution of the suit is not only what it is mention in sec 26 of CPC but it is way more than that , as we have seen that before even presenting the plaint the person have to gone through a lot of process to be classified his or her plaint under the subject matter of civil court , so in short we cannot neglect process before real institution of suit .