Institution of Suit

A civil suit refers to proceedings initiated by a party in a civil court for enforcement of a right or seeking relief based on a cause of action available under law.  As per Section 26 of CPC, every suit shall be instituted by presenting a plaint in duplicate to the court or other officer appointed in this behalf. The plaint can be presented in person, by agent or by pleader. Where plaint is presented through an agent or pleader, the power of attorney or vakalatnama shall be filed along with plaint.

Cause of Action

Cause of action refers to the factual grounds forming basis of a suit. It comprises of a bundle of essential facts which the plaintiff must prove to obtain the relief claimed. Cause of action means every fact which would be necessary for the plaintiff to prove if traversed in order to establish a right to judgment. As per Order VII Rule 1, the plaint shall contain a statement of material facts showing the cause of action. Cause of action is the foundation of the civil action.

Joinder of Parties

Joinder of parties refers to combining two or more persons as parties to the same suit. As per Order I Rule 1, all persons whose presence is necessary for effective adjudication may be joined as plaintiffs or defendants provided there is a common question of law or fact. The general rule is that the presence of necessary parties is required for a complete and final determination of the dispute. Where jointly liable parties are not imp leaded, the suit may abate.

Non-Joinder of Parties

Non-joinder of parties refers to failure to join persons whose presence is necessary to completely adjudicate the dispute. As per Order I Rule 9, no suit shall be defeated by reason of misjoinder or non-joinder of parties. The court has powers to deal with such situation by addition or deletion of parties. Where a necessary party who ought to have been joined is not impleaded, the court has discretion to allow addition of such party. However, suit shall not abate only due to non-joinder if the plaintiff shows reasonable diligence.

Misjoinder of Parties

Misjoinder means joining together of parties who have no common interest or connection in the litigation. Where parties are improperly joined leading to misjoinder, the court has power under Order I Rule 10 to delete such party if the misjoinder was due to a bonafide mistake. Where parties are wrongly joined to confer jurisdiction or obtain venue where the real dispute does not arise, the court will disallow such misjoinder and strike out the name of wrong party.

Summons

When the suit is duly instituted by filing plaint, the court will issue summons to the defendant under Order V Rule 1. The summons is accompanied by a copy of the plaint. It requires the defendant to appear before court on specified date to answer the claim. It is issued under seal of court and signed by judge or officer empowered in this behalf. Summons may be sent for service directly or through court clerk or plaintiff’s advocate. Affidavit of service has to be filed as proof.