38. Object of litigation

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:

ProvisionPurpose
Section 9 CPCCivil courts can try all suits of civil nature
Order 7 Rule 1 CPCRequirements of a plaint that indicate object of litigation
Order 2 Rule 2 CPCWhole 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 SuitObject of Litigation
Suit for Recovery of MoneyTo recover a specific debt or compensation
Suit for InjunctionTo stop the defendant from performing a wrongful act
Suit for Specific PerformanceTo compel the performance of a contractual obligation
Declaratory SuitTo obtain a declaration about rights or legal status
Partition SuitTo 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

  1. Helps in drafting proper pleadings (plaint and written statement)
  2. Assists the court in framing issues correctly
  3. Guides the scope of evidence to be led
  4. Determines jurisdiction and forum
  5. 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

AspectExplanation
MeaningPurpose for which a suit is filed
CPC RelevanceSection 9, Order 2 Rule 2, Order 7
Basis of LitigationLegal right or civil injury
Common ObjectsRecovery, injunction, declaration, performance
Role in TrialHelps in issue framing, evidence, and relief decision
Misuse PreventionCosts, dismissal, and contempt provisions by court

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