What is Suit in Law
What is suit in law? The term "suit" is nowhere defined in the Civil Procedure Code, 1908. So, what is the suit in law? and what is meant by suit? are discussed in this article.
Table of Contents
| What is Suit in Law |
The term "suit" has been defined in the Black Law's Dictionary, it is defined as, "A generic term of comprehensive signification and applies to any proceeding by one person or persons against another or others in the court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an inquiry or the enforcement of a legal right, whether at law or in equity."
What is meant by suit? The meaning of a suit can be stated as "A suit is a Civil process initiated by the filing of a plaint seeking to enforce civil or substantive rights against the State or a person. Therefore, the presentation of the plaint is the initial stage of the institution of suit before the court of law.
A suit results in a decree and there is no decree without a suit.
In the case of Hansraj Gupta and Ors. v/s Dehra Dun-Mussorie Electric Tramway Co. Ltd., 1932, it was held by the Privy Council that every civil proceeding is instituted by the presentation of a plaint in the court.
A Suit under the Limitation Act, 1963
The Limation Act, 1963, governs the laws regulating the limitation of suits and other procedures. An application or an appeal is not considered as a suit according to section 2 (l) of the Limitation Act, 1963. Therefore, it is clear that a suit does not include an appeal or an application.
Section 5 of the Limitation Act, 1963 deals with the extension of the prescribed time period in certain circumstances. Further, this section states that any appeal or application may be allowed even after the limitation period has passed if the appellant establishes to the court that they could not file the appeal or application during the limitation period.
And, if the court is satisfied with the delay in submitting the application or appeal can be condoned or excused without reasoning whether the party who is seeking the relief of condonation of delay under this section is a State or a private entity.
Section 5 of the Limitation Act, 1963 does not apply to the suits. This was held by the Hon'ble Supreme Court in the case of F. Liansanga v/s Union of India.
Essentials of Suit
The essentials of suit have been discussed into three categories as;
1. Parties to Suit
There must be at least two parties i.e. the plaintiff and the defendant. The plaintiff is a party to the suit who files the suit for claiming relief against the defendant and the defendant is a party to the suit against whom the plaintiff claimed relief. There is no restriction on the number of parties on either side i.e. either plaintiffs or defendants.
The initial stage of every civil proceeding is the institution of suit and every suit must be instituted by the presentation of the plaint and the plaint must be filed by the plaintiff, a legal representative, a recognised agent, an authorised person on behalf of the plaintiff or an advocate for the plaintiff.
2. Cause of Action
The cause of action is another essential element for the filing of a suit. The cause of action is the set of reasons on the basis of which a lawsuit is instituted in a court of law. It is a set of facts or allegations that is made by the plaintiff against the defendant in the plaint. Therefore, the cause of action includes all the facts pertaining to rights and their infringement.
Rule 2 of Order II of the Civil Procedure Code, 1908, states that a cause of action is the essential element of the plaint and a plaint must mention the cause of action before the institution of the suit.
In Rajasthan High Court Advocates Association v/s Union of India & Ors. 2000, it was held that the meaning of cause of action refers to the condition surrounding the violation of the right or the direct cause of the conduct. Moreover, the cause of action includes every truth that must be proven as opposed to every piece of evidence that must be given to substantiate each fact.
Subject Matter
The set of facts, contentions or details about an immovable or movable property that gives rise to a civil dispute to claim remedies is referred to as the subject matter in the suit.
Frequently Asked Questions
What is Suit in Law?
A suit, lounge suit, or business suit is a set of clothes comprising a suit jacket and trousers of identical textiles worn with a collared dress shirt, necktie, and dress shoes. A skirt suit is similar, but with a matching skirt instead of trousers. It is considered informal wear in Western dress codes.
What is the difference between a case and a suit?
The difference between a case and a suit is of comprehensive import and includes civil proceedings other than a suit, a set of circumstances or conditions. A suit is an action at law, an action to serve justice, cause in court, or legal action.
Who can file a suit?
Any person on whose behalf, or for whose benefit, a suit is instituted in the court, or defended the contentions made by the plaintiff before a court of law, under sub-rule (1), may apply to the court to be made a party to such suit [sub-rule (3)]
What is suit and plaint?
A suit is instituted by the presentation of a plaint before the Court. A 'plaint' is a written application made by the plaintiff against the defendant seeking relief from the Court. A plaint is pleading and should conform to the rules of pleading. Along with the plaint, the plaintiff shall file documents on which he relies for relief.
Conclusion
What is suit in law? The term "suit" is nowhere defined in the Civil Procedure Code, 1908. The meaning of a suit can be stated as "A suit is a civil process initiated by the filing of a plaint seeking to enforce civil or substantive rights against the State or a person. Therefore, the presentation of the plaint is the initial stage of the institution of the suit before the court of law.
Referred Books:
- Law of Contract - Bare Act 2021 Edition Professional
- The Code of Civil Procedure, 1908 (C-21) Bare Act with Short Notes
- Code of Civil Procedure with Overview Flowchart Latest Amendments - CPC Bare Act 2021 Edition
- Code of civil procedure C. K. Takwani - 2021
- Civil Procedure With Limitation Act, 1963 - 8/Edition
- Universal's The Code Of Civil Procedure, 1908 (2020 Edition)
- Code of Civil Procedure & Indian Evidence Act Chart ( CPC chart ) - Laminated Wall Chart
- Mullas The Code Of Civil Procedure by Sir Dinshaw Fardunji Mulla
- Lectures on the CODE OF CIVIL PROCEDURE AND THE LIMITATION ACT by Dr. Rega Surya Rao.
- Combo of Universal's Criminal Manual and Civil Manual (Both 2020 Edition) (Set of Code of Criminal Procedure and Code of Civil Procedure) by Universal.
