How to Institute a Civil suit in a Civil Court

Institution of Suits

How to institute a civil suit in a Civil Court

Institution of civil suits

Regarding institution of civil suits, Civil Procedure Code Section 26 says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

Section Analysis:

Courts are there to settle the disputes between individual and to declare and establish their rights regarding the matters in dispute. So whenever persons fail to solve a dispute among them, they can approach the court by filing a suit. It is called institution of suit. There are various categories of Courts. It is a rule that all categories can be classified under courts of First instance and appellate Courts. As per Section 15 of Civil Procedure Code every suit shall be instituted in the court of the lowest grade competent to try it. Every court has specific pecuniary and territorial jurisdiction. So we cannot file suits as per our privilege.. Generally rules regarding filing of suits are guided by various provisions of Civil Procedure Code. Now let us know the provisions.

What is a Suit?

The word "Suit" is not defined by the Code of Civil Procedure. It provided only that every suit shall be instituted by the presentation of plaint. So when a case is initiated by presenting a plaint, it is called a suit. According to law, there are four essentials of a suit:

a) Opposing parties.

b) Subject matter of the suit.

c) Cause of action and

d) Relief.

Summons and Discovery

Regarding summons to defendants, Code of Civil Procedure Section 27 says that where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the disputes and may be served in manner prescribed.

Service of foreign summonses

Regarding service of foreign summonses, Code of Civil Procedure Section 29 says,  that summonses, and other processes issued by any Civil or Revenue Court situate outside Bangladesh may be sent to the Courts in Bangladesh and served as if they were summonses issued by such Courts if the Government has by notification in the official Gazette declared the provisions of this section to apply to such courts.

Power to order discovery and the like

Regarding power to order discovery and the like, Code of Civil Procedure Section 30 says that subject to such conditions and limitations as may be prescribed, the court may, at any time, either of  Sou Moto or on the application of any party-

a)  may make such orders as may be necessary or reasonable in all matters relating to the admission of documents and facts, the delivery and answering of interrogatories. May also make orders for the discovery, production, impounding, inspection and return of documents or other material objects producible as evidence;

b) may issue summonses to persons whose appearance in the court is required either to give evidence or to produce documents or such other objects as aforesaid;

c) it may order any fact to be proved by affidavit.

Section Analysis

Steps under section 30 of CPC

The relevant provisions regarding this stage are:

Section 30= power to order discovery

Order 11 = Discovery and inspection

Order 12 = Admissions

Order -13 = documents Production, impounding and return of

Order-26 Commissions.

Order 30, Rule-7 = Preservation, inspection of subject matter of suit.

Generally it is provided that the steps under section 30 relates to question and answer, evidence taking, document production, discovery and inspection of fact, discovery by interrogatories, discovery by affidavit, of examine discovery of documents by inspection, proof of facts by affidavit,  admission of documents in the facts, impounding and return of documents etc. Then the Court will fix the date or settling the date for peremptory hearing.

Summons to witness

Regarding summons to witness, section 31 provides that the provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

Penalty for default

Regarding penalty for default section 32 of Civil Procedure Code states that the court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may issue a warrant for his arrest, attach and sell his property, impose a fine upon him not exceeding five hundred Taka, order him to give security for his appearance before the court and in default commit him to the civil prison.

Section Analysis

The section empowers the Court to compel the attendance of a witness by issuing a warrant of his arrest or by attaching and selling his property or by imposing a fine upon him or by ordering him to furnish security for his appearance.

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