Bailabel Type : bailable

Description

Order 2 of the Civil Procedure Code (CPC) deals with the frame of suit, outlining the guidelines for the framing of a suit and its necessary structure. The First Schedule of the CPC provides specific forms and rules regarding how the plaint (a formal written complaint or request for a lawsuit) should be filed in the court to initiate civil proceedings.

Order 2: Frame of Suit

Order 2 consists of the following rules and provisions:

Rule 1: Frame of Suit

• General Guidelines:
  It mandates that a suit must be framed clearly, with the facts and cause of action stated explicitly. The defendant must be able to understand the nature of the suit and prepare their defense accordingly. A suit must be framed in accordance with the facts of the case, the claim for relief, and the applicable legal provisions.
• Particulars to be Provided:
  The plaint (initial document) must provide a detailed description of the claim, the legal ground for the claim, and the reliefs sought by the plaintiff.

Rule 2: Joinder of Causes of Action

• Multiple Causes of Action:
  A suit may contain multiple causes of action (grounds or facts justifying the suit) if they are related. For example, if multiple issues arise from a single transaction, these can be combined in a single suit. However, it is essential that these causes of action arise out of the same series of transactions.
• Exceptions:
  If causes of action are unrelated, they must be filed as separate suits.

Rule 3: Power to Split Causes of Action

• Splitting Causes of Action:
  A party may choose to split their causes of action, filing multiple suits instead of combining them. This is done when there are different causes or when the plaintiff wants to pursue different claims separately. However, splitting causes of action must be done carefully to avoid misuse.

Rule 4: Alternative Reliefs

• Seeking Alternative Reliefs:
  A plaintiff is allowed to seek multiple, alternative reliefs. For example, a party can request different remedies if the court is unsure about which remedy applies in a specific case. These alternative reliefs could be claims for damages, specific performance of a contract, or an injunction.

The First Schedule - Forms of Plaint

The First Schedule of the CPC provides specific forms for filing suits, and they must adhere to the exact format given. These forms are crucial in ensuring that the legal proceedings begin in an organized manner, and they are tailored to suit various types of cases.

Types of Forms in the First Schedule:

1. Form 1 (for contracts):
   For suits related to agreements or contracts.

2. Form 2 (for torts):
   Suits based on civil wrongs or tortious acts.

3. Form 3 (for immovable property disputes):
   Suits related to ownership or possession of land or property.

4. Form 4 (for the recovery of money):
   A form for claims that involve the recovery of a specific sum of money.

Each of these forms will contain the following details:

• Plaintiff’s Information: Name, address, and capacity.
• Defendant’s Information: Name, address, and role in the dispute.
• Cause of Action: The facts and circumstances that lead to the filing of the suit.
• Relief Claimed: The remedy the plaintiff is seeking, such as compensation or performance of a specific act.
• Date and Signature: The plaintiff or their lawyer must sign the plaint, ensuring the submission is officially recorded.

Punishment

The CPC is a procedural law governing the initiation and conduct of civil suits, and non-compliance with its provisions can lead to various consequences:

1. Striking out the Suit:
   If the plaint is not framed in accordance with the CPC Order 2 guidelines, the court may strike out the suit. This means the suit would be dismissed due to improper framing.

2. Rejection of the Plaint:
   The court has the authority to reject a plaint under Section 3 of CPC if it is insufficiently framed or lacks the essential details required to bring a lawsuit.

3. Costs and Fines:
   If a suit is found to be frivolous or improperly framed, the plaintiff may be ordered to pay the defendant's costs. Fines can also be imposed for wasting the court's time.

4. Contempt of Court:
   In cases where a party deliberately ignores the directions or orders of the court while framing or filing a suit, they may be punished for contempt of court.

However, it is important to note that punishments under the CPC are not as severe as criminal penalties. They usually relate to procedural issues, which can be rectified by re-filing the suit in the correct form or by following proper procedures.