Institution of suits and summons: (Sec. 26, 0.4 and Sec. 27, 28, 31 and O.5)
Meaning of Suit: The term “suit” has not been defined in the Code. According to the dictionary meaning, “suit” is a generic term of comprehensive signification referring to any proceeding by one person or persons against another or others in a court of law wherein the plaintiff pursues the remedy which the law affords him for the redress of any injury or the enforcement of a right, whether at law or in equality.
Generally, a suit is a civil proceeding instituted by the presentation of a plaint.
Essentials of Suit: There are four essentials of a suit:
- Opposing parties;
- Subject-matter in dispute;
- Cause of action; and
- Relief
Interest and Costs (Sec. 34, 35, 35A, B)
Pleading: Fundamental rules of pleadings
Plaint and Written Statement
Plaint: The term “plaint” is not defined in the Code. It may, however, be described as a private memorial tendered to a court in which the person sets forth his cause of action, the exhibition of an action in writing.
Return and rejection of plaint
Defences
Set off
Counter claim
Parties to the suit (O. 1)
Joinder, misjoinder and non-joinder of parties
Joinder of plaintiffs: Rule 1: Rule 1 provides for joinder of plaintiffs. The primarily object of Rule 1 is to avoid multiplicity of proceedings and unnecessary expenses. It states that all persons may be joined in one suit as plaintiffs if the following two conditions are satisfied:
- the right to relief alleged to exist in each plaintiff arises out of the same act or transaction; and
- the case is of such a character that, if such persons brought separate suits, any common questions of law or fact would arise.
Illustration: A enters into an agreement jointly with B and C to sell 100 tins of oil. A thereafter refuses to deliver the goods. Here both, B and C, have each of them a right to recover damages from A. The said right arises out of the same transaction, namely, the breach of agreement, and common questions of law and fact would also arise. B and C, therefore, may file a suit jointly as plaintiffs against A for damages.
Joinder of Defendants: Rule 3: Rule 3 provides for joinder of defendants. The primarily object of Rule 3 is to avoid multiplicity of proceedings and unnecessary expenses. It states that all persons may be joined in one suit as defendants if the following two conditions are satisfied:
- the right to relief alleged to exist in each plaintiff arises out of the same act or transaction; and
- the case is of such a character that, if separate suits where brought against such persons, any common questions of law or fact would arise.
Illustration: There is a collision between a bus and a car. The bus belongs to B and the car belongs to C. As a result of the collision, A a passer-by is injured. A may join B and C as defendants in one suit for damages for injuries caused to him by negligence on the part of both of them or any one of them, since the case involves common questions of fact arising out of the same act, namely, collision of two vehicles.
Misjoinder of causes of action
Multifariousness
