A civil suit is a legal proceeding initiated by a party (plaintiff) seeking judicial redress for a civil wrong or enforcement of a right. For a valid civil suit to be maintainable in an Indian court, it must satisfy certain legal essentials laid down in the Code of Civil Procedure, 1908 (CPC). Understanding these components is crucial for lawyers, litigants, and law students alike.
What is a Civil Suit?
A civil suit is a legal action brought before a civil court to enforce a civil right or claim. These suits commonly deal with disputes over property, contracts, torts, inheritance, or recovery of money.
Legal Basis: Code of Civil Procedure, 1908
The procedural law that governs civil suits in India is the CPC, 1908. It provides a comprehensive framework from institution of suits to their execution.
Essentials of a Suit
1. Parties to the Suit
There must be two parties:
- Plaintiff – The person who files the suit.
- Defendant – The person against whom the suit is filed.
Legal Provision: Order 1 CPC (Parties to Suit)
Both parties must have legal capacity to sue or be sued.
2. Cause of Action
The cause of action is the bundle of facts which gives the plaintiff the right to sue.
Example: Breach of a contract, trespass, or non-payment of dues.
Case Law: A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (1989) – Cause of action must be clearly established.
3. Jurisdiction of Court
The suit must be filed in a court that has:
- Territorial jurisdiction
- Pecuniary jurisdiction
- Subject-matter jurisdiction
Legal Provision: Sections 15 to 20 of CPC
4. Relief Claimed
The relief sought by the plaintiff must be clearly stated in the plaint (e.g., injunction, declaration, possession, damages).
Legal Provision: Order 7 Rule 7 CPC
5. Presentation of Plaint
The plaint is the written document filed by the plaintiff, explaining:
- Facts of the case
- Legal grounds
- Relief sought
Legal Provision: Order 7 CPC
A proper plaint must be:
- Filed within the limitation period
- Accompanied by a court fee
- Verified and signed
6. Institution of Suit
A suit is formally instituted when:
- The plaint is presented to the proper court
- Court fee is paid
- Vakalatnama is submitted (if represented by an advocate)
Legal Provision: Section 26 CPC
7. Compliance with Limitation Act
The suit must be filed within the prescribed limitation period under the Limitation Act, 1963.
Example: For recovery of money, limitation is 3 years from the date of default.
8. No Bar under Law
The suit must not be:
- Barred by law (e.g., res judicata, estoppel)
- Hit by provisions like Section 9 CPC, which excludes civil court jurisdiction in certain matters.
Case Law: Dhulabhai v. State of M.P. (1968) – Civil court’s jurisdiction is presumed unless excluded expressly or impliedly.
Additional Formalities
- Issuance of Summons (Order 5 CPC)
- Written Statement by Defendant (Order 8 CPC)
- Framing of Issues (Order 14 CPC)
- Trial, Arguments, and Judgment
Summary Table: Essentials of a Suit
| Essential | Description |
|---|---|
| Parties to the Suit | Plaintiff and Defendant must be legally capable |
| Cause of Action | Set of facts giving rise to the right to sue |
| Jurisdiction | Territorial, pecuniary, and subject-matter jurisdiction |
| Relief Claimed | Clearly mentioned legal remedy in plaint |
| Presentation of Plaint | Proper format, verification, fee, and within limitation period |
| Institution of Suit | Filing of plaint and commencement of proceedings |
| Limitation Compliance | Suit filed within time limits prescribed by Limitation Act |
| Legal Validity | No legal bar or prohibition under CPC or any special law |
