In civil proceedings, litigation is not merely a formal process of dispute resolution—it serves as a structured mechanism to enforce rights, seek remedies, and ensure justice. The object of litigation defines the goal or end purpose for which a party brings a civil suit before a court of law.
What is the Meaning of “Object of Litigation”?
The object of litigation refers to the main purpose or relief sought by the plaintiff through the judicial process. It reflects the substantive claim or interest being pursued and identifies the legal issue that the court is required to adjudicate.
Legal Framework: CPC and Object of Litigation
The Code of Civil Procedure, 1908 (CPC) governs the process of filing and deciding civil cases in India. It ensures that litigation is:
- Orderly
- Fair
- Time-bound
- Result-oriented
Relevant Provisions:
| Provision | Purpose |
|---|---|
| Section 9 CPC | Civil courts can try all suits of civil nature |
| Order 7 Rule 1 CPC | Requirements of a plaint that indicate object of litigation |
| Order 2 Rule 2 CPC | Whole claim must be included in the suit |
Purpose / Object of Litigation in Civil Cases
The object of litigation is to:
1. Assert and Enforce Legal Rights
Civil litigation allows individuals or entities to enforce their legal rights which have been violated or threatened.
Example: A suit for recovery of money seeks enforcement of a contractual obligation.
2. Seek Remedies and Reliefs
Litigation enables the party to obtain specific reliefs, such as:
- Damages
- Injunctions
- Specific performance
- Declaration of legal status or rights
Example: A tenant may sue a landlord for wrongful eviction to seek a stay order.
3. Determine Legal Relationships
Some litigation seeks clarification or adjudication of legal status, such as in:
- Declaratory suits (e.g., title to property)
- Matrimonial cases (e.g., divorce, annulment)
4. Prevent Future Violations
Litigation also serves a preventive purpose through injunctions or declarations that prohibit future unlawful acts.
5. Resolve Disputes Peacefully
Through judicial adjudication, litigation ensures that private disputes do not escalate and are resolved using rule of law.
Examples of Objects in Different Types of Civil Suits
| Type of Suit | Object of Litigation |
|---|---|
| Suit for Recovery of Money | To recover a specific debt or compensation |
| Suit for Injunction | To stop the defendant from performing a wrongful act |
| Suit for Specific Performance | To compel the performance of a contractual obligation |
| Declaratory Suit | To obtain a declaration about rights or legal status |
| Partition Suit | To divide joint family or co-owned property legally |
Principle: Suit Must Be Based on a Legal Right
According to Section 9 CPC, civil courts can try all suits of a civil nature, provided they relate to the enforcement or determination of a legal right.
Case Law: Raja Soap Factory v. S.P. Shantharaj (AIR 1965 SC 1449)
It was held that a civil suit must be filed to obtain a right enforceable under law and not merely to settle a moral or political issue.
Importance of Defining Object of Litigation
- Helps in drafting proper pleadings (plaint and written statement)
- Assists the court in framing issues correctly
- Guides the scope of evidence to be led
- Determines jurisdiction and forum
- Prevents vexatious or frivolous litigation
Misuse of Litigation & Judicial Safeguards
Sometimes, litigation may be used with malicious intent, such as:
- To harass the opposite party
- To delay proceedings
- To suppress material facts
Courts now impose costs and penalties in such cases to preserve the integrity of the justice system.
Case Law: K.K. Modi v. K.N. Modi (1998 AIR SC 1297)
The Supreme Court cautioned against abuse of litigation and emphasized bona fide use of legal process.
Summary Table: Object of Litigation at a Glance
| Aspect | Explanation |
|---|---|
| Meaning | Purpose for which a suit is filed |
| CPC Relevance | Section 9, Order 2 Rule 2, Order 7 |
| Basis of Litigation | Legal right or civil injury |
| Common Objects | Recovery, injunction, declaration, performance |
| Role in Trial | Helps in issue framing, evidence, and relief decision |
| Misuse Prevention | Costs, dismissal, and contempt provisions by court |
