CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure
Under the Code of Civil Procedure, 1908, how is a suit ordinarily instituted?
A suit is instituted by presenting a plaint, or in such other manner as may be prescribed. The Code in Section 26(1) makes the plaint the normal starting point, whereas a written statement is only the defendant's reply and cannot begin a suit.
- ABy presentation of a plaint or in such other manner as may be prescribedCorrect
- BBy filing a written statement before the court
- CBy an oral complaint made to the court's registrar
- DBy a notice sent to the defendant through post
Explanation
Section 26(1) provides that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. A written statement is the defendant's pleading and cannot start a suit. Oral complaints and notices are not the prescribed mode.
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