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Question-1: What do you understand by suit of civil nature? How does a party file a suit?
Answer to question no. 1:
Suit of Civil Nature:
According to section 9 of the Code of Civil Procedure, 1908, a Civil court can try all suits of civil nature. Generally, 'suit of civil nature' means a suit which principally involves the question of right of the citizens. Where the question of right and duty of a citizen is involved and someone violates that right, the cause of action of a civil suit arises. According to section 9 of the Code of Civil Procedure, court shall try all suits of civil nature unless expressly or impliedly barred.
According to the explanation of section 9, when the right to property or right to office of a citizen is the principal question of a suit, it shall then be a suit of civil nature and shall be under the jurisdiction of a civil court. Therefore, a suit in which the right to property or the right of office is contested, shall be called a suit of civil nature.
Where in a suit the right to property or right to office is contested and although that right totally depends on the settlement of the question of religious ritual or performance, it shall be a suit of civil nature. Therefore, if the subject matter of the suit is not civil in nature, the suit cannot be tried in a civil court. During taking cognizance of a suit, a civil court shall take into account 2 matters:
1. Whether the suit is of civil nature?
2. Whether there is any express or implied bar in taking cognizance of the suit?
Example of a suit of civil nature:
1. A suit for recovery of immovable property
2. Suit for foreclosure or redemption
3.Suit for determination of any other title or right to immovable property.
4. Suit for compensation.
Procedure of Filing a Civil Suit of Civil Nature:
According to section 26 and order 4, rule 1 of the Code, every civil suit is to be filed by the presentation of a plaint. Some provisions of filing a civil suit are described below.
According to section 15 of the Code of Civil Procedure, every suit shall be filed in the lowest competent court having jurisdiction. To find out the court having jurisdiction, the pecuniary jurisdiction of the court is to be known. Therefore, according to section-6 of the Code of civil Procedure, a plaint is to be filed to the court having pecuniary jurisdiction according to the value of the suit.
Generally, if the right of a person is infringed, he shall after mentioning the cause of action, when the cause of action has arisen, how the plaintiff has been affected, or which of his rights have been infringed by the defendant, the subject-matter of the suit, the relief claimed and the value of the subject matter, file the plaint before the court or to the sherestadar appointed by the court.
Moreover, at the time of filing the suit, the wokalatnama, the deed or documents upon which the proof of the plaintiff's suit depends, necessary court fees, the acknowledgment due for serving the summons or summons through post are to be filed with the plaint.
After filing of the plaint, the sherestadar examines the errors. If everything of the plaint are okay, the sherestadar shall record its description to the suit filing registrar and describing the value of the suit, court fees, process fees, jurisdiction etc. shall file the plaint before the Court. If the court finds that the report is admissible, it shall primarily accept the suit and provide the first order in the order-sheet. Thus a civil suit is filed.