Order IV of the Code of Civil Procedure, 1908, delineates the procedural framework for instituting civil suits in India. It ensures uniformity and clarity in the initiation of legal proceedings, thereby upholding the principles of natural justice.

1. MEANING, DEFINITION & EXPLANATION

The term “institution of suit” refers to the formal commencement of a legal action by a plaintiff against a defendant in a court of law. According to Section 26 of the CPC, every suit is instituted by presenting a plaint to the court or such officer as it appoints in this behalf. Order IV further elaborates on this process, emphasizing that the plaint must be presented in duplicate and comply with the rules contained in Orders VI (Pleadings Generally) and VII (Plaint).

2. LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

Order IV comprises two primary rules:

• Rule 1: Suit to be Commenced by Plaint

  • Sub-rule (1): Every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf.

  • Sub-rule (2): Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

  • Sub-rule (3): The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).

• Rule 2: Register of Suits

  • The court shall cause the particulars of every suit to be entered in a book called the “register of civil suits.” Entries shall be numbered in every year according to the order in which the plaints are admitted.

3. ESSENTIALS / ELEMENTS / PRE-REQUISITES

For a suit to be validly instituted under Order IV, the following essentials must be satisfied:

• Presentation of Plaint: The plaint must be presented in duplicate to the appropriate court or its designated officer.

• Compliance with Orders VI and VII: The plaint should adhere to the stipulations regarding pleadings and particulars as outlined in these orders.

• Affidavit Verification: As per Section 26(2) of the CPC, facts stated in the plaint must be verified by an affidavit.

4. CASE LAWS / PRECEDENTS

Several judicial pronouncements have elucidated the nuances of instituting suits under Order IV:

• State Trading Corporation of India Ltd. v. Ironside Limited, AIR 1966 Bom 126:
  This case emphasized that the presentation of a plaint is the foundational step in instituting a suit. The Bombay High Court observed that “Section 26 of the Civil Procedure Code states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Order IV, Rule 1, lays down that every suit shall be instituted by presentation of a plaint to the Court or such officer as it appoints in this behalf.”

• Hansraj Gupta v. Official Liquidators, (1932) 35 Bom. L.R. 319, P.C.:
  The Privy Council held that the word “suit” in Section 92 of the CPC refers to a civil proceeding initiated by the presentation of a plaint. This case underscores the significance of the plaint in the initiation of civil proceedings.

5. HIGH COURT AMENDMENTS

Different High Courts in India have introduced amendments to Order IV to cater to regional and procedural nuances:

• Allahabad High Court: Mandated that every plaint be accompanied by a true copy for service with the summons upon each defendant, unless the court allows time for filing such copies.

• Bombay High Court: Specified that the plaintiff shall file as many true copies on plain paper of the plaint with annexes as there are defendants, for service with the summons upon the defendants.

• Madhya Pradesh High Court: Required that the court-fee chargeable for service be paid when the plaint is filed, and in the case of all other proceedings when the process is applied for.

6. DOCTRINES / THEORIES

The institution of suits under Order IV aligns with the legal maxim “Actio non datur non damnificato,” meaning “An action is not given to one who is not injured.” This underscores that a suit can only be instituted by a person who has suffered a legal injury.

7. MAXIMS / PRINCIPLES

The principle of “Ubi jus ibi remedium” (where there is a right, there is a remedy) is inherent in the institution of suits. Order IV provides the procedural mechanism to seek remedies for the infringement of rights.

8. AMENDMENTS / ADDITIONS / REPEALING

The Code of Civil Procedure (Amendment) Act, 1999, introduced sub-rule (3) to Rule 1 of Order IV, stating that a plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2). This amendment emphasizes the necessity of adhering to procedural norms for the valid institution of suits.

9. COMPARATIVE ANALYSIS

While the Indian legal system mandates the presentation of a plaint for instituting suits, other jurisdictions have varied practices:

• United States: Civil actions are initiated by filing a complaint, which serves a function similar to the plaint in India.

• United Kingdom: The initiation of civil proceedings involves the issuance of a claim form, outlining the particulars of the claim.

10. PRACTICAL IMPLICATIONS

For law students and practitioners, understanding the procedural intricacies of Order IV is essential for ensuring compliance with the CPC. Properly instituted suits are a prerequisite for seeking remedies in civil disputes. Missteps in following procedural norms can result in rejection or delays in the resolution of cases.