Order IV – Institution of Suits

Rule 1: Suits to be commenced by plaint.—

(1) Every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).


Rule 2: Register of suits.—

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.


IMPORTANT CASE LAW

1. Section 26 and Order IV Rule 1

State Trading Corporation of India Ltd. v. Ironside Limited, AIR 1966 Bom 126: “Section 26 of the Civil Procedure Code states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Order IV, r. 1, lays down that every suit shall be instituted by presentation of a plaint to the Court or such officer as it appoints in this behalf. In Hansraj Gupta v. Official Liquidators [(1932) 35 Bom. L.R. 319, P.C.] , the Privy Council held that the word “suit” in s. 3 of the Indian Limitation Act, ordinarily means a civil proceeding instituted by the presentation of a plaint. The same view has been taken by a Full Bench of this Court in Farkhundali v. Potdar [(1961) 63 Bom. L.R. 985, at p. 988, F.B.] where it is observed that the word “suit” is a term of art and ordinarily means a proceeding instituted in a Civil Court by the presentation of a plaint. It was held in that case that a proceeding under s. 54 of the Bombay Co-operative Societies Act is not a suit. These authorities, therefore, establish that a plaint is a document, by the presentation of which in a Civil Court a suit is instituted.”


CONNECTED SECTION

Section 26


 

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