ES दीवानी प्रकृति के वाद से आप क्या समझते हैं? वाद को दायर करने के नियम क्या हैं? विवेचना कौजिए।

What is a Suit of Civil Nature?

A suit of civil nature is a legal proceeding concerning private rights and obligations of individuals rather than criminal offenses. It typically involves disputes related to property, contracts, torts, family matters, and other private claims where the plaintiff seeks legal relief from the court.

Essentials of a Suit of Civil Nature:

1. Concerned with Private Rights – The dispute must relate to civil rights and obligations rather than public or criminal matters.
2. Not Dependent on Religious Rites or Ceremonies – Even if the case involves religious issues, it will be of civil nature if it affects legal rights (e.g., rights to religious office or property).
3. Monetary or Injunctive Relief Sought – The plaintiff seeks compensation, declaration, injunction, or enforcement of rights rather than punishment.

Examples of Suits of Civil Nature:

• Disputes related to ownership and possession of property.
• Breach of contracts or business agreements.
• Family disputes (divorce, maintenance, inheritance).
• Employment-related claims (salary disputes, wrongful termination).
• Torts (defamation, trespass, nuisance).
• Election disputes (where legal rights are involved).

Cases NOT of Civil Nature:

• Criminal cases such as theft, murder, assault.
• Disputes purely of a religious or political nature without legal rights involved.
• Matters affecting sovereign functions of the State.

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Rules Regarding the Institution of a Suit

The Civil Procedure Code (CPC), 1908, provides the rules for instituting a suit. The important provisions are:

1. Jurisdiction of Court (Sections 9 & 15-20, CPC)

A suit must be filed in the appropriate court based on:

• Territorial Jurisdiction – Where the defendant resides or where the cause of action arises.
• Pecuniary Jurisdiction – Based on the monetary value of the suit.
• Subject-Matter Jurisdiction – Some matters (e.g., matrimonial disputes) can only be tried by specific courts.

2. Parties to the Suit (Order 1, CPC)

• The person filing the suit is the plaintiff.
• The person against whom the suit is filed is the defendant.
• Necessary parties must be included, and misjoinder or non-joinder of parties should be avoided.

3. Institution of Suit (Section 26 & Order 4, CPC)

• A suit is instituted by filing a plaint before the competent court.
• The plaint must contain:
  • Name of the court and parties.
  • Facts establishing jurisdiction.
  • Cause of action and relief sought.
  • Verification by the plaintiff.

4. Payment of Court Fees (Court Fees Act, 1870)

• A suit must be accompanied by the prescribed court fee based on the nature of the claim.

5. Issue of Summons (Order 5, CPC)

• After receiving the plaint, the court issues summons to the defendant directing them to appear and respond.

6. Filing of Written Statement (Order 8, CPC)

• The defendant must file a written statement (reply) within 30 days (extendable to 90 days).

7. Framing of Issues (Order 14, CPC)

• The court frames issues based on disputed facts and law, which will guide the trial.

8. Evidence and Trial (Order 18, CPC)

• Both parties present oral and documentary evidence.
• Witnesses may be examined and cross-examined.

9. Judgment and Decree (Sections 33, 2(2), CPC)

• After hearing the arguments, the court pronounces judgment and issues a decree specifying the relief granted.

10. Execution of Decree (Section 36-74, CPC)

• If the decree is not complied with, the winning party may file for execution (e.g., attachment of property, arrest, etc.).

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Conclusion

A suit of civil nature involves disputes over private rights and obligations rather than criminal matters. The Civil Procedure Code (CPC), 1908, lays down a structured process for instituting and conducting a civil suit, ensuring fair adjudication. The process includes filing a plaint, issuing summons, presenting evidence, and passing a decree, with provisions for appeal and execution of judgments.