Sunday, June 4, 2023

Suit

 The word “suit” is not defined in the Civil Procedure Code. It is understood as a proceeding that commences in a Civil Court upon the presentation of a plaint. As we know a plaint is a statement in writing of a cause of action in which the relief claimed is set out in detail. Sec.26 CPC provides that every suit shall be instituted by the presentation of a plaint. The procedure for institution of suits is envisaged in Rule 20 of A.P. Civil Rules of Practice which provides that all plaints, written statements, applications and other proceedings may be presented to the Chief Ministerial Officer of the Court before 4.00 p.m. In case if the limitation expires on the same day, the Judge may receive them even after 4.00 P.M. Rule 20 (2) provides that the Officer shall at once endorse on the documents so presented. The Rule also casts an obligation on the party to file sufficient number of copies of plaint or proceeding and the documents. Rule 24 envisages that the Court shall not entertain any proceeding sent by post. When the plaint is found to be in order, it shall be registered. Further the plaint shall be entered in what we popularly call as 17 Register. At the time of registering the office will check for pending Caveats if any and make a note of it, if any immediate relief is sought dispensing with prior notice to other side.

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