Bailabel Type : bailable

Description

Order 4 of the Civil Procedure Code (CPC) pertains to the institution of suits. This order outlines the procedure and requirements for filing a suit in a civil court in India. It provides the guidelines for the filing of a plaint and specifies how a suit is initiated in court. The First Schedule of the CPC complements Order 4 by providing the forms to be used for various types of suits.

Key Provisions of Order 4 - Institution of Suits

Order 4 deals with how a party should approach the court when initiating a legal proceeding. The fundamental principle of this order is that a civil suit begins when a plaint (the document outlining the plaintiff's claims) is filed in the court. The order ensures that the procedure for filing a suit is clear and standardized.

Rule 1: Presentation of Plaint

• Filing the Suit:
  The plaint (a written statement of the claim) is the primary document filed to initiate a civil suit. The suit must be presented to the court that has jurisdiction over the matter. The court will accept the plaint and register the suit, which officially begins the legal proceedings.

• Jurisdiction:
  A suit must be filed in a court that has jurisdiction over the subject matter of the case. Jurisdiction refers to the authority of a court to hear and decide the case, which may be based on the location of the incident, the residence of the parties, or the nature of the claim.

• Verification of the Plaint:
  The plaint must be verified by the plaintiff, either personally or through an authorized representative, confirming that the contents of the plaint are true to the best of their knowledge.

Rule 2: Suits to Be Instituted in the Court of the Lowest Grade Competent to Try It

• Court of Competent Jurisdiction:
  A suit must be instituted in the court that is competent to hear the case. In other words, the suit must be filed in the lowest-level court that has the authority to decide on the matter. For example, a small claims case would be filed in a district court or civil court rather than a higher court.

Rule 3: Procedure Where Suit is Instituted in a Wrong Court

• Wrong Court:
  If a suit is filed in the wrong court, the court has the authority to return the plaint for being presented in the correct court. The suit may also be transferred to the appropriate jurisdiction, if necessary.

• Transfer of Suit:
  If a case has been filed in a court that lacks jurisdiction, it is returned to the plaintiff, who must re-file it in the correct court.

Rule 4: Presentation of the Plaint - Procedures and Fees

• Fees for Filing:
  The plaint should be accompanied by the required court fees as prescribed by the rules. The fees depend on the nature and value of the suit. If the court fees are not paid or are insufficient, the court can reject the plaint.

• Court Fees:
  The payment of court fees is an essential part of instituting a suit. The court fees vary based on the type of suit and its value (e.g., property disputes, money claims). These fees are collected by the court before the suit proceeds.

Rule 5: Returning the Plaint for Presentation to the Proper Court

• Return of Plaint:
  If the court finds that the plaint has been filed in the wrong court, it has the authority to return it to the plaintiff for re-filing in the correct court. This may occur if there is an issue of jurisdiction or if the proper court is not the one where the suit was originally filed.

Rule 6: Institutions of Suits and Applications in Different Cases

• Types of Suits:
  A suit can be filed for various types of claims, including monetary claims, property disputes, or injunctions. The institution of each type of suit follows the same basic procedure as outlined in Order 4, although the forms used may differ based on the nature of the claim.

The First Schedule - Forms of Documents

The First Schedule of the CPC provides specific forms for initiating various types of civil suits. These forms ensure that the process of instituting suits is standardized, clear, and consistent.

1. Form 1: For Suits Relating to Contracts

   • Used when filing a suit based on a contract.

2. Form 2: For Suits Relating to Tortious Claims

   • Used when filing a suit based on a tort (civil wrong) such as negligence or defamation.

3. Form 3: For Suits Relating to Immovable Property

   • Used in cases that involve ownership or disputes over immovable property (real estate).

4. Form 4: For Money Suits

   • Used when claiming the recovery of a sum of money.

5. Form 5: For Specific Performance of Contract

   • Used in suits seeking a court order compelling the performance of a contract.

6. Form 6: For Other Suits

   • A general form for suits not falling under the above categories.

Punishment

Although there is no direct "punishment" for misfiling a suit, there are consequences, such as:

• Rejection or Return of Plaint:
  If the plaintiff fails to file the suit correctly or in the proper court, the plaint may be returned for re-presentation.

• Costs:
  The plaintiff may be required to pay the costs of the legal proceedings, especially if the failure to file correctly results in delays or unnecessary complications.