suit

A suit is the ordinary civil action under the Code of Civil Procedure, 1908. Section 26 says every suit is instituted by the presentation of a plaint, and Section 9 gives civil courts jurisdiction over all suits of a civil nature unless expressly or impliedly barred. A suit ends in a decree.

A suit differs from a petition or application (such as a writ petition or an application under a special Act), which follows its own procedure. The plaint must disclose a cause of action; otherwise it is rejected under Order VII Rule 11. Limitation for suits is governed by the Limitation Act, 1963.

Example

The landlord filed a suit for eviction and mesne profits by presenting a plaint in the court of the Civil Judge.

In Indian law

• Sections 9 and 26, Code of Civil Procedure, 1908
• Order VII, Code of Civil Procedure, 1908 (plaint)

See also

plaint · cause of action · decree · summary suit

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Public corporations and public undertakings: status, classification, liability and control (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)