Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Institution of Suits, Pleadings and Parties under CPC

Updated 11 October 2026 · Fact-checked

A civil suit is instituted by presenting a plaint (Section 26). The court then issues summons to the defendant, who answers through a written statement. Pleadings state each side's case, and the parties must be properly joined. To solve questions, give the provision, apply it to the facts, and conclude clearly.

Understand Institution of Suits, Pleadings and Parties

A civil suit starts when the plaintiff presents a plaint to the court. Section 26 says every suit is instituted by presentation of a plaint or in such other manner as may be prescribed. Facts in the plaint are to be proved by affidavit.

The suit must go to the right court. Section 15 says every suit shall be instituted in the Court of the lowest grade competent to try it. Where a suit can be filed in any of two or more courts, a defendant may apply for transfer to another court under Section 22. He must give notice to the other parties and apply at the earliest possible opportunity, and in all cases where issues are settled, before they are settled.

Once a suit is duly instituted, the court may issue a summons to the defendant to appear and answer the claim (Section 27). The summons is to be issued for a day not beyond thirty days from the date of institution. If the defendant lives in another State, Section 28 allows the summons to be sent to the court and in the manner prescribed by the rules in force in that State.

The defendant answers by a written statement. The plaint and the written statement together are the pleadings. They state the material facts each side relies on, so that the court can find what is admitted and what is disputed. Issues are then framed on the disputed points.

Special rules protect the Government. Section 80 requires a two-month written notice before a suit against the Government or a public officer for an official act. Section 10 stops a second suit on the same matter in issue between the same parties while an earlier suit is pending.

Key rules to remember

Institution of suit: Suit instituted by presentation of a plaint (or other prescribed manner); facts in the plaint proved by affidavit; Section 26(1) and (2). The affidavit form is under Order VI Rule 15A, and the proviso applies to commercial disputes of a specified value.
Court of institution: Lowest grade court competent to try the suit; Section 15. Competence depends on the nature and value of the suit.
Transfer where several courts have jurisdiction: Defendant applies after notice to other parties, at the earliest opportunity and before issues are settled; Section 22. The court decides after hearing objections which court will proceed.
Summons date: Summons to appear on a day not beyond 30 days from the date of institution; Section 27. It applies where the suit has been duly instituted.
Service in another State: Summons sent to the court and in the manner prescribed by rules in force in that State; Section 28(1). The receiving court proceeds as if it had issued the summons and returns it with its record (Section 28(2)).
Notice to Government: Two months' written notice before suit; plaint must state that notice was delivered or left; Section 80(1). Notice goes to a Secretary (Central), the General Manager (railway) or a Secretary or Collector (State).
Urgent relief against Government: Suit may be filed with leave of the court without notice, but no relief until the Government has a chance to show cause; Section 80(2). If no urgent relief is needed, the plaint is returned for presentation after notice.
Defect in notice: No dismissal for error or defect if the plaintiff is identifiable, notice was delivered to the right authority, and the cause and relief are substantially indicated; Section 80(3).
Stay of suit: No trial where the matter in issue is directly and substantially in issue in an earlier pending suit between the same parties under the same title; Section 10. The earlier court must be able to grant the relief. A pending foreign suit does not bar an Indian suit.
Misjoinder and non-joinder: No reversal in appeal for misjoinder or non-joinder not affecting merits or jurisdiction; except non-joinder of a necessary party; Section 99 and its proviso.

How to solve Institution of Suits, Pleadings and Parties questions

Use the same pattern for any question on institution, pleadings or parties. It matches the ICSI answer style: provision, facts, conclusion.

1Read the facts and mark who is plaintiff and defendant, the court, the subject matter and the stage of the case.
2Identify the issue: filing, court choice, transfer, summons, notice to Government, pleadings or parties.
3State the rule in plain words with the section number, for example Section 26 for the plaint or Section 80 for notice.
4Quote the key condition exactly, such as two months, thirty days or lowest grade court.
5Apply the rule to the facts one point at a time. Show why each condition is or is not met.
6Check for exceptions or saving provisions, such as Section 80(2) and (3) or the Section 99 proviso.
7End with a one-line conclusion that answers the question asked.

Quickest way: Rule, Condition, Result

When to use it: Use it for short-note questions and for problem questions with little time left.

Write the section and the rule in one sentence.
List the conditions in bullets.
Tick each condition against the facts.
Write the result in one line.
For a short note, add the exception and one practical point.

Common mistakes in Institution of Suits, Pleadings and Parties

Saying Section 80 notice is needed in every suit against the Government.
Students remember the two-month rule and forget the exceptions.
Fix: Add Section 80(2) for urgent relief with leave of the court, and Section 80(3) for defects that do not defeat the notice.
Confusing Section 10 (stay of suit) with Section 22 (transfer).
Both deal with two proceedings and sound alike.
Fix: Section 10 is about two suits on the same matter between the same parties. Section 22 is about one suit that could be filed in several courts.
Saying the plaint and written statement are the same type of document.
Both are called pleadings, so the roles blur.
Fix: The plaint is the plaintiff's statement of claim and starts the suit. The written statement is the defendant's reply. Say who files each and why.
Stating that any misjoinder or non-joinder of parties defeats the suit.
Students ignore Section 99.
Fix: Say that a decree is not reversed in appeal for misjoinder or non-joinder not affecting merits or jurisdiction, but non-joinder of a necessary party is not saved.
Writing that summons must be served within thirty days.
The wording of Section 27 is misread.
Fix: Section 27 says the summons may be issued for a day not beyond thirty days from institution. It fixes the appearance date, not the service deadline.
Naming the Code of Civil Procedure sections from memory with wrong numbers.
Many sections are close in number.
Fix: Quote only sections you know. If unsure, state the rule clearly without a number.

Worked examples

Example 1

Ravi wants to sue the State Government of Maharashtra for a wrongful order passed by a department. He files the suit the next day without any notice and does not seek urgent relief. Advise on the position.

Show the solution

Provision: Section 80(1) says no suit shall be instituted against the Government, or a public officer for an official act, until two months after a written notice has been delivered to or left at the office of the prescribed authority.
For a State Government other than Jammu and Kashmir, the notice goes to a Secretary to that Government or the Collector of the district.
The notice must state the cause of action, the plaintiff's name, description and residence, and the relief claimed. The plaint must say that notice was delivered or left.
Facts: Ravi gave no notice and does not claim urgent or immediate relief, so Section 80(2) is not available.
Section 80(3) also does not help, because it only saves a notice that has defects. Here there was no notice at all.

Answer: The suit is not maintainable as filed. Ravi should serve a written notice on a Secretary or the Collector, wait two months, and then file the suit with a statement in the plaint that notice was delivered.

Example 2

A suit between Asha and Bina on a contract is pending in a Delhi court. Asha then files another suit against Bina in a Mumbai court on the same matter in issue. Can the Mumbai court proceed?

Show the solution

Provision: Section 10 says no court shall proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or parties litigating under the same title.
Conditions: the earlier suit must be pending, and the court where it is pending must have jurisdiction to grant the relief claimed.
Facts: the parties are the same, the matter in issue is the same, and the Delhi suit was instituted first and is pending.
Assuming the Delhi court can grant the relief, all conditions are met.
The Explanation to Section 10 says a pending suit in a foreign court does not bar trial in India. It does not apply here, as both courts are Indian.

Answer: The Mumbai court cannot proceed with the trial. It must stay the suit until the Delhi suit is decided.

Exam tips

Begin every answer with the section number and the exact rule from the Code of Civil Procedure, 1908.
For Section 80 questions, always mention the two-month period, the officer to be served, and both exceptions in sub-sections (2) and (3).
For problem questions, write the conditions as bullets and test each one against the facts before concluding.
In short notes on pleadings, compare the plaint and the written statement by who files, purpose and stage.
Do not spend time on the Mediation or Limitation topics inside a CPC answer unless the question asks.

Practice questions from Law relating to Civil Procedure

Institution of Suits, Pleadings and Parties: frequently asked questions

How is a suit instituted under the CPC?

A suit is instituted by presenting a plaint to the court, or in another manner prescribed (Section 26). Facts in the plaint are to be proved by affidavit. The court then issues summons to the defendant.

What is the difference between a plaint and a written statement?

A plaint is the plaintiff's document stating the claim and the relief sought, and it starts the suit. A written statement is the defendant's reply to that claim. Together they form the pleadings.

Is notice always needed before suing the Government?

No. Section 80(1) requires two months' notice generally. Section 80(2) allows a suit for urgent or immediate relief with the leave of the court without notice. Section 80(3) saves a notice that has minor errors.

What does Section 27 say about summons?

Where a suit is duly instituted, a summons may be issued to the defendant to appear and answer the claim. It may be served in the prescribed manner for a day not beyond thirty days from the date of institution.