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Understanding a Suit of Civil Nature

A suit of civil nature is a legal proceeding in which an individual or entity seeks enforcement of private rights related to property, contracts, family matters, or torts, as opposed to criminal proceedings which deal with offenses against the state.

Legal Basis: Section 9 of the Civil Procedure Code (CPC), 1908

• Section 9 CPC states that civil courts have jurisdiction to try all suits of a civil nature, except those specifically barred.
• The essential test is whether the principal question in the suit relates to a civil right and its enforcement.

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Examples of Suits of Civil Nature

✔ Property disputes (ownership, possession, partition).

✔ Contract disputes (breach of agreement, specific performance).

✔ Matrimonial disputes (divorce, maintenance, custody).

✔ Employment disputes (salary, wrongful termination).

✔ Torts (defamation, nuisance, negligence).

✔ Company and business disputes (shareholder rights, partnership dissolution).

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Rules Regarding the Institution of a Suit

A suit is instituted following the Civil Procedure Code (CPC), 1908. The key rules are:

1. Jurisdiction of the Court (Section 9 CPC)

• The court must have territorial jurisdiction (where the cause of action arose or defendant resides).
• The court must have pecuniary jurisdiction (the value of the claim must fall within the court's financial limits).
• The subject matter must be within the court's jurisdiction.

2. Proper Parties to the Suit

• The plaintiff (who files the suit) must have a legal right that has been violated.
• The defendant (against whom the suit is filed) must have committed the alleged violation.

3. Filing of Plaint (Order VII, Rule 1 CPC)

• The plaint (written complaint) must include:
  ✔ Name of the court.
  ✔ Names and addresses of parties.
  ✔ Facts of the case.
  ✔ Legal grounds for the claim.
  ✔ Relief sought.

4. Payment of Court Fees

• A suit is not valid unless the prescribed court fees are paid under the Court Fees Act, 1870.

5. Issuance of Summons (Order V, CPC)

• After a suit is filed, the court issues a summon to the defendant, directing them to appear and present their defense.

6. Written Statement by Defendant (Order VIII, CPC)

• The defendant must file a written statement responding to the plaintiff’s claims within 30 days.

7. Framing of Issues and Trial

• The court identifies points of dispute and conducts a trial where evidence is presented.

8. Judgment and Decree (Order XX, CPC)

• The court delivers a judgment and passes a decree to enforce the rights of the winning party.

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Conclusion

A suit of civil nature covers disputes related to private rights and obligations rather than criminal liability. The institution of a civil suit follows specific procedures under CPC, 1908, ensuring fairness and due process in judicial proceedings.