Q.

1 PLACE OF SUING: INSTITUTION OF SUITS

Place of Suing in CPC
Place of suing in CPC refers to where a lawsuit or legal action should be initiated or filed. It specifies
the jurisdiction and venue where the case should be brought before a court.

The provisions regarding the place of suing are outlined in the Code of Civil Procedure to ensure that
the appropriate Court with the necessary jurisdiction is chosen for the efficient and fair resolution of
the dispute.

The rules and guidelines related to the place of suing help determine which Court is competent to
hear and decide a particular case based on factors such as the nature of the case, the subject matter,
the geographical location of the parties involved, and other relevant considerations.

Provisions for Place of Suing under CPC

The place of suing in CPC is discussed under Sections 15 to 20. Section 15 pertains explicitly to
the pecuniary jurisdiction of the Court. Sections 16 to 18 address suits concerning immovable
property, Section 19 covers suits related to compensation for wrongs and movable property, and
Section 20 deals with suits concerning other matters.

Place of Suing Based on Pecuniary Basis

Section 15 of Code of Civil Procedure 1908- “Court in which suits to be instituted”-“Every suit shall be
instituted in the Court of the lowest grade competent to try it”

Section 15 of the Code of Civil Procedure states that every lawsuit should be initiated in the Court of
the lowest grade with the competence to handle it. This requirement aims to prevent overburdening
of higher courts. While a judgment passed by a higher-grade court remains valid, a decree passed by
an incompetent court would be considered void.

Section 15 serves two primary purposes:

 Reducing the workload of higher courts.

 Providing convenience to the parties and witnesses involved in such lawsuits.

S.15 Court in which suits to be instituted

Every suit shall be instituted in the Court of lowest grade competent to try it. Here competency refers
to pecuniary jurisdiction, which shall be determined by High Court from time to time.

Objects:

the main objects of the section is :

 To reduce the burden of the higher Courts

 Afford convenience to the parties and witnesses who may be examined by them in such
suits.

The District Judge and Sub-Ordinate Judges all have jurisdiction over all Original Suits., cognizable by
the Civil Court subject to the condition suits are to be instituted in a Court of lowest grade
competent to try it.

S.16 Suits to be instituted where subject matter situate

1|Bhabesh
Subject to pecuniary and other limitations prescribed by any law, suits for:

1. Recovery of immoveable property with or without rents and profits,

2. Partition of immoveable property,
3. Foreclosure, sale, redemption in cases of mortgage or charge upon immoveable property,
4. Determination of any other right or interest in immoveable property,
5. Compensation of wrong to immoveable property,
6. Recovery of moveable property actually under attachment,

Shall be instituted in Court, within the local limits of whose jurisdiction the property is situate.

S.17 Suits for immovable property situate within jurisdiction of different Courts

Where the subject matter of the suit, immoveable property, is situated within the local
jurisdiction of two or more different Courts, the suits may be instituted in any Court, within whose
local jurisdiction, a portion of the property is situated, and Court is competent to adjudicate over
entire suit property, not just portion situated in its jurisdiction.

S.18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain

When it is uncertain as regards under which of the two or more Courts, the territorial
jurisdiction falls into, and one of such Courts has also ascertained such uncertainty, then it may
proceed to entertain and dispose the suit related to the property; after recording the existence of
such uncertainty.

Kiran Singh v. Chaman Paswan (1954)

In the case of Kiran Singh v. Chaman Paswan (1954), a bench comprising Justices Aiyyar and T.L.
Venkatarama considered the application of Section 11 of the Suits Valuation Act, 1887. This
provision, along with Sections 21 and 99 of the Code of Civil Procedure, 1908, is founded on the
principle that once a case has been fully heard and a judgment has been pronounced, it should not
be overturned solely on technical grounds unless there has been a miscarriage of justice.

Tara Devi v. Sri Thakur Radha Krishna Maharaj (1987)

In the case of Tara Devi v. Sri Thakur Radha Krishna Maharaj (1987), the defendant raised a
preliminary objection regarding the valuation of the suit and questioned the Court’s authority to
hear the case in their written statement. The Trial Court determined that the valuation of the suit fell
under Section 7(IV)(c) of the Court Fees Act, 1870, and that the plaintiff had correctly assessed the
leasehold interest of the lessee. The Trial Court concluded that the plaintiff had the right to
determine the value of the relief sought, which was neither arbitrary nor unreasonable.
Consequently, it was decided that the plaintiff had accurately assessed the claim and paid the
appropriate court fees.

M/s. Exl Careers and Another v. Frankfinn Aviation Services Private Limited (2020)

In the case of M/s. Exl Careers and Another v. Frankfinn Aviation Services Private Limited (2020),
the Supreme Court of India examined the language of Order VII Rule 10-A in comparison to the
language used in Section 24(2) and Section 25(3) of the Code of Civil Procedure, 1908. The Court
noted that there is a difference in the discretion provided to the Court under Sections 24(2) and
25(3), which allows for the retrial or continuation of proceedings from the point of transfer or

2|Bhabesh
withdrawal. On the other hand, the scheme outlined in Order VII Rule 10 along with Rule 10-A does
not grant such discretion. Instead, the proceedings must begin anew.

Q.2 PARTIES TO THE SUIT

The civil cases, start with the institution of the case by one party against the another party
and the competent court decides the rights and liabilities of the parties. Word 'party' in a suit
means litigant. In other words 'party' in this sense refers to a person who has part to play in the
proceeding of the suit. In Jasminebibi V. Commissioner of Waqfs, AIR 1983 NOC 125 Cal, the court
held that in the absence of any contrary provision, the above meaning of the word can be accepted.
Order 1 of the Code of Civil Procedure, 1908 deals with the parties to the suit and also contains
provisions for addition, deletion and substitution of parties, joinder, non-joinder and misjoinder of
parties and objections to misjoinder and non-joinder.

Relevant provision:

Who may be joined as plaintiffs, Power of court to order separate trails, Who may be joined
as defendants, Power to order separate trials where joinder of defendants may embarrass or delay
trial and Conditions for entertainment of suits are defined under Rule 1, 2, 3 and 3A of Order I of
Code of Civil Procedure 1908. Provisions under these Rules are:

ORDER I- PARTIES OF SUITS

1. Who may be joined as plaintiffs— All persons may be joined in one suit as plaintiffs where— (a)
any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would arise.

2. Power of Court to order separate trial— Where it appears to the Court that any joinder of
plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their
election or order separate trials or make such other order as may be expedient.

3. Who may be joined as defendants— All persons may be joined in one suit as defendants where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist against such persons, whether jointly, severally or in the alternative;
and (b) if separate suits were brought against such persons, any common question of law or fact
would arise.

According to Order 1 of CPC, “All person may be joined in one suit as plaintiff in whom any right to
relief in respect of or arising out of the same act or transaction or series of acts or transactions as
alleged to exist whether jointly, severally or in the alternative where if such persons brought
separate suits any common question of law of fact would be arise”.

Definitions of parties:

A person can become a party to a suit only by his name appearing on the record oh the suit as a
party such as plaintiff and defendant.

Test for Determining The Necessary Parties To A Civil Suit:

In Benares Bank Ltd. v. Bhagwandas, 1947, the full bench of the High Court of Allahabad laid down
two tests for determining the questions whether a particular party is necessary party to the
proceedings:

3|Bhabesh
  There has to be a right of relief against such a party in respect of the matters involved in the
suit.
 The court must not be in a position to pass an effective decree in the absence of such a
party.

General rule for suit:

i. Opposing parties;
ii. A subject in dispute;
iii. A cause of action;
iv. A demand of relief

Misjoinder of parties and its effects:

The joinder of any person as a party to a suit contrary to the provisions of the code is called
misjoinder. Misjoinder may be misjoinder of plaintiffs; misjoinder of defendants and misjoinder of
cause of actions.

I. Misjoinder of Plaintiffs: Where two or more persons may have been joined as plaintiffs in
one suit but the right to relief alleged to exist in each plaintiff does not arise out of the same
act or transaction (or series of acts or transaction) and if separate suits were brought by
each plaintiff no common question of fact or law would have been arisen, there is
misjoinder of plaintiffs]The objection on the ground of misjoinder of the plaintiffs, should be
taken at the earliest possible opportunity; if not, it is be deemed to have been waived.
II. Misjoinder of defendants: Likewise, where two or more persons have been joined as
defendants in one suit but the right to relief alleged to exist against each defendant does not
arise out of the same act or transaction (or series of acts or transactions) and if separate
suits were brought against each defendant, no common question of fact or law would have
arisen, there is misjoinder of defendants.
III. Misjoinder of cause of action: Misjoinder of causes of action may be coupled with the
misjoinder of plaintiffs or misjoinder of defendants. Thus, the subject may be considered
under the following three heads:
a. Misjoinder of plaintiffs and cause of action: Where in a suit there are two or more
plaintiffs and two or more causes of action, the plaintiffs should be jointly interested
in all the causes of action. If the plaintiffs are not jointly interest in all the cause of
action, the case is one of misjoinder of plaintiffs and cause of action. The objection
on the ground of misjoinder of plaintiffs and causes of action should be taken at the
earliest opportunity’
b. Misjoinder of defendant and causes of action: Misjoinder of defendant and causes
of action in a suit is technically called Multifariousness. Where in a suit, there are
two or more defendants and two or more cause of action, the suit will be bad for
misjoinder of defendants and causes of action, if different causes of action are
joined against different defendants separately. Such a misjoinder is technically called
multifariousness. The objection on the ground of multifariousness should be taken
at the earliest opportunity.

The Calcutta High Court in Premlata Nahata And Anr. vs Chandi Prasad Sikaria, 2004 held that the
defendant's application under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (in short "the
CPC"). His case is that the plaint is liable to be rejected, because it is apparent from the statements
in it that the plaintiff's suit is barred by law; the law that bars the suit is multifariousness.

4|Bhabesh
Illustration: In a case, where the plaintiff purchased the suit house in which two persons were
residing as tenants separately and he brought a suit for eviction against both the defendant-tenants
claiming different relief against them. It was held that the suit was bad for multifariousness.

Q.3 PLAINT IN CPC

A plaint is a legal document that contains the claims made by the plaintiff when they bring a
case to a civil court. It’s the first step in starting a lawsuit.

Well, it has all the important details and things needed for the case, like what the plaintiff is
complaining about and why. Even though it’s not defined in the CPC (Civil Procedure Code), you can
find the rules for it in Order VII of the CPC.

When we talk about the cause of action in a plaint, it has two parts. First, there’s the legal theory,
which is like the facts that show why the plaintiff thinks they’ve been harmed. Second, there’s the
legal remedy, which is what the plaintiff wants the court to do about it.

Provisions of Plaint in CPC

Order VII of the Code of Civil Procedure is all about the “plaint.” In this order, you’ll find different
rules that cover various aspects of what should be in a plaint. Here’s a breakdown:

 Rules 1 to 8: These rules explain what specific details should be included in the plaint.
 Rule 9: This rule tells us how the court should admit the plaint.
 Rules 10 to 10-B: These rules discuss what happens if the plaint in CPC needs to be returned
and how parties should appear.
 Main Rules 11 to 13: These rules lay out the situations in which the court can reject the
plaint.

Section 26 of the Code of Civil Procedure is important because it says that every lawsuit has to start
with the presentation of a plaint in CPC or in a way that the law says. So, it’s clear that a plaint is
essential when you want to begin a case in a civil or commercial court.

Contents of A Plaint
A plaint in CPC is a crucial legal document that must contain specific information; otherwise, it won’t
be considered valid. These necessary details are outlined in Rules 1 to 8 of Order VII of the CPC.
Here’s a breakdown of what should be the content of a plaint in CPC:

1. The name of the civil or commercial court where the lawsuit will be filed.
2. Information about the plaintiff, including their name, address and description.
3. Details about the defendant, including their name, residence and description.
4. If the plaintiff has any health issues or disabilities, these should be mentioned.
5. The facts that give rise to the cause of action and where this cause of action occurred.
6. Facts that help determine the court’s jurisdiction.
7. Information about the relief or remedy the plaintiff is seeking from the court.

Return of Plaint in CPC

Section 19A of the Code of Civil Procedure (CPC) deals with the “Return of Plaint.”

“19A. Return of plaint.—Whenever the Court finds that for want of jurisdiction it cannot finally
determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to

5|Bhabesh
be presented to a Court having jurisdiction to determine the question. When the Court so returns a
plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil
Procedure (14 of 1882) and make such order with respect to costs as it may think just and the Court
shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877) be deemed to have been
unable to entertain the suit by reason of defect of jurisdiction. When a plaint so returned is
afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the
court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which
according to the practice of the High Court are credited to the Government.”

Rejection of Plaint
A plaint in CPC can be rejected in certain situations when specific requirements are not met. Here are
some instances in which a plaint may be rejected:

 Non-Disclosure of Cause of Action: If the cause of action is not clearly mentioned in the
plaint, making it impossible to prove the harm suffered by the plaintiff, the court may reject
the plaint. It’s essential to present the facts clearly to seek relief.

 Improperly Stamped Documents: When all the documents are not properly stamped and
the court requires the plaintiff to provide the required stamp paper within a specified time,
failure to do so may lead to the rejection of the plaint.

 Lack of Legal Basis: If the plaint is based on a statement or claim secured by a law or statute
that does not grant the plaintiff the right to file the suit, the court may reject it.

From of the Plaint in CPC

Heading and Title

Name of the Court: The plaint in CPC should begin with the name of the court where the case is
being filed. It is not necessary to mention the name of the presiding officer; specifying the court’s
name is sufficient. For example, “In the Court of the District Judge, Sirsa.”

Parties to the Suit: In every lawsuit, there are typically two parties: the plaintiff and the defendant.
However, there can be more than one plaintiff or defendant. The plaint in CPC must provide all the
necessary particulars about these parties, including their names, residences, father’s names, ages
and any other details required for identification.

Body of the Plaint

The body of the plaint in CPC is where the plaintiff elaborates on their concerns. It should be
organised into short paragraphs, each presenting a single fact or point. The body of the plaint can be
further divided into two main parts:

1. Formal Part:

 Date of Cause of Action: The plaint in CPC must include the date when the cause of action
occurred. This date is crucial because it helps determine whether the lawsuit is filed within
the legally specified time limits, known as the period of limitation.

 Jurisdiction of the Court: The plaint should clearly state the facts that establish the court’s
pecuniary (financial) and territorial (geographical) jurisdiction over the subject matter of the
lawsuit.

6|Bhabesh
2. Substantial Portion:

 In this section, the plaint in CPC must include all the essential facts that form the basis of the
lawsuit. This means detailing the grounds on which the plaintiff is pursuing the cause of
action, including any additional legal grounds.

 It should be demonstrated in the plaint that the defendant has a clear interest in the subject
matter of the case, justifying their involvement and the court’s jurisdiction.

Relief

The relief claimed is a crucial part of the plaint. It is where the plaintiff specifies precisely what they
are seeking from the court. This can be a request for compensation (damages), a demand for specific
performance of a contract, an injunction to prevent certain actions, or any other form of relief. It’s
vital to state the relief clearly and accurately in the plaint because the claims made in the plaint in
CPC cannot be supplemented or altered through oral pleadings later on.

Signature and Verification

At the end of the plaint, the plaintiff’s signature should be placed. If the plaintiff cannot be present
due to a legitimate reason, an authorised representative’s signature can suffice.

7|Bhabesh