Institution of Suit under CPC

12 Jul 2025 --
0 Comments

Institution of Suit under CPC

1. Meaning of Institution of Suit

Institution of Suit refers to the act of filing a suit or bringing a civil dispute before a competent civil court for adjudication. It is the very first step in a civil lawsuit, marking the beginning of the court’s jurisdiction over the dispute.

The CPC prescribes how and when a suit is said to be instituted.

2. Relevant Provisions under CPC

The primary provisions dealing with the institution of suits are found in:

Section 26 of CPC

Order VII, Rule 1

Section 26 CPC: When is a Suit Instituted?

Section 26 states:

"A suit shall be instituted by presenting a plaint or, where the law for the time being in force allows it, by such other means as may be prescribed by the rules of the High Court."

Explanation:

The moment the plaintiff files the plaint (written statement of claim) with the court, the suit is said to be instituted.

The law permits that institution may also be by other means, but the most common and standard method is by presenting the plaint.

Order VII, Rule 1 CPC: Plaint

The suit is instituted by presenting a plaint to the court.

The plaint should contain a concise statement of the material facts, the cause of action, the relief claimed, and jurisdictional facts.

3. Date of Institution of Suit

The suit is instituted on the date the plaint is filed and accepted by the court.

This date is important because it affects limitation (time limit within which a suit can be filed).

4. Importance of Institution of Suit

The court’s jurisdiction is invoked only upon institution of the suit.

The limitation period begins to run from the date of institution.

Date of institution helps to determine priority in case of multiple suits on the same cause of action.

5. Institution by Filing of Plaint

Presentation of plaint: The plaintiff submits a written statement of his claim.

The court stamps the plaint and assigns a suit number.

The plaint must comply with procedural formalities, otherwise it can be rejected.

6. Institution by Filing Written Statement or Counterclaim

Generally, institution is by plaint, but in some cases, a suit can be instituted by filing a written statement or counterclaim (e.g., in suits by way of counterclaim).

For example, in cross suits or set-off suits, the procedure can be different.

7. Case Law on Institution of Suit

Case 1: Union of India v. M/s. Dharamsey Motilal, AIR 1963 SC 1435

The Supreme Court held that a suit is deemed instituted only when the plaint is presented in accordance with the rules of the court and accepted by the court.

Mere delivery of the plaint to the clerk without compliance with procedural requirements does not constitute institution.

Case 2: Sethuraman Nair v. Subramaniam, AIR 1965 SC 148

The Court observed that the date of institution is the date on which the plaint is presented to the court.

Importance is placed on the date of filing as this triggers limitation.

Case 3: State of Orissa v. Sudhansu Sekhar Misra, AIR 1966 SC 239

Emphasized that the institution of a suit is the jurisdictional act which invokes the power of the court.

If a suit is not properly instituted, the court has no jurisdiction to proceed.

8. Effect of Non-Institution of Suit

If a suit is not properly instituted (e.g., plaint not presented correctly), the court will have no jurisdiction.

Limitation period may expire, leading to dismissal.

Relief sought cannot be granted.

9. Summary

Aspect	Explanation
What is Institution?	Filing/presentation of plaint in court.
Legal Provision	Section 26 CPC, Order VII Rule 1
Date of Institution	Date of filing and acceptance of plaint
Importance	Jurisdiction, limitation, priority
Institution without Plaint?	Possible in special cases but rare
Consequences of Non-Institution	No jurisdiction, dismissal