Institution of suit | In Code of Civil Procedure | First stage of the case in the civil matter.

 Institution of Suit

A 'suits' is considered to be a civil proceeding filed in a civil court. plaint is considered to be a document by presentation of a civil court, a party seeks relief from such a court. 

Section 26 and Order 4(1) provide for institution of suits. 

Section 26, 

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed  

Order 4(1),

• Every suit shall be instituted by presenting a plaint to the Court  
• such officer appoints for it 
• officers and plaint together collect the true copies of the plaint 
• defendants for service of summons upon such defendants

Every suit must be instituted by the presentation of a plaint in duplicate or in such other manner as may be prescribed by the Code by the plaintiff himself or by his advocate or by his recognized agent or by any person duly authorized by him. Therefore, generally, a proceeding which does not commence with a plaint is not a “suit”. 

Case:

• Basanta Kumar vs. Lakhsma Moni, AIR 1968 Ass 57 
• Secy, of State vs. Kundan Singh, AIR 1932 Lah 374 

Section 15,

Every suit shall be instituted in the Court of the lowest grade competent to try it.

Reference:

#  The Code of Civil Procedure, 1908 S26, O(IV), Rule1 
#  C.K Takwani- civil procedure, p.184-185. 
#  The Code of Civil Procedure, 1908 S15