Institution of Suits (Section 26)

Section 26: Institution of suits.—

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

(2) In every plaint, facts shall be proved by affidavit.


1. Application to sue in Forma Pauperis

Jugal Kishore v. Dhanno Devi, (1973) 2 SCC 567: There has been a conflict of judicial opinion on the question whether a suit could be held to have been instituted when a petition to sue as a pauper was presented. One view is that until permission is granted under Rule 7 of Order 33 there is no suit instituted. The other view is that since a suit under Section 26 may be instituted not merely by the presentation of a plaint but also in such manner as may be prescribed, the presentation of the application by the pauper under Order 33 would amount to institution of the suit. This latter view is accepted by this Court in Vijay Pratap Singh v. Dukh Haran Nath Singh [AIR 1962 SC 941] …………… It was pointed out that an application to sue in forma pauperis is but a method prescribed by the code for institution of a suit without payment of court fee and, therefore, the suit commences from the moment the application or permission to sue in forma pauperis, as required by Order 33 of the Code, is presented.

2. Scope of Institution of a Suit

Sinnamani v. G. Vettivel, (2012) 5 SCC 759: A suit can be instituted by presentation of a plaint and Orders 4 and 7 CPC deal with the presentation of the plaint and the contents of the plaint. Chapter I of the Civil Rules of Practice deals with the form of a plaint. When the statutory provision clearly says as to how the suit has to be instituted, it can be instituted only in that manner alone, and no other manner.


Order IV