Civil Procedure Code & Limitation Act LSF – 1

Answer to Question 1: Provisions of Parties to Suit Framing & Institution of Suit

I. Introduction to Civil Procedure Code (CPC)

The Civil Procedure Code (CPC) encompasses the procedures for civil matters, including the drafting, filing, and execution of civil suits. It consists of 158 sections and 41 orders, with the sections providing general guidelines and the orders specifying particular procedures.

II. Parties to Suit (Order I)

A. Minimum Parties Requirement: Every suit or petition must have a minimum of two parties, designated as the plaintiff and defendant, or petitioner and respondent.

B. Joinder of Parties: Multiple plaintiffs or defendants can be included in a case if relevant, known as ‘joinder of parties’.

C. Misjoinder and Non-Joinder of Parties: Misjoinder refers to the removal of irrelevant parties from the case, while non-joinder involves adding necessary parties upon the plaintiff’s request.

D. Impleading the Party: Relevant parties can petition to join a pending case as a plaintiff or defendant.

E. Representation in Case of Legal Entities: For cases against legal entities, the officer representing the case must be named.

F. Continuation After Death: If a party dies, their legal representative can continue the suit, as civil matters do not end with a person’s death.

III. Framing of Suit (Order 2)

A suit must be systematically organized, including the following elements:

  1. Identification: The court’s name and suit number with the year.
  2. Details of Parties: Information about plaintiffs and defendants (names, age, occupation, address).
  3. Structure: The suit should be divided into paragraphs, each with a separate serial number.
  4. Factual Description: Material facts should be sequentially arranged without repetition.
  5. Common Points: Jurisdiction, cause of action, court fees, and limitation period.
  6. Relief Sought: The plaintiff’s claims or reliefs, termed as the ‘prayer clause’.
  7. Signatures and Affidavit: The plaintiff and their advocate must sign, and an affidavit must be enclosed.

IV. Institution of Suit (Order 3 & 4)

A. Procedure for Instituting a Suit: The suit begins in the administrative section of the court, where it is registered and numbered.

B. Urgent Matters: For urgent cases, the matter can be taken to the judge’s chamber for an interim order before being sent to the administrative section.

C. Handling of Urgent Matters Outside Court Hours: In extremely urgent cases, a judge can hear matters and pass orders outside of court hours, a process known as ‘house motion’.

In conclusion, the CPC outlines specific procedures for the institution of suits and the roles and responsibilities of parties involved, ensuring a systematic and fair process.