Introduction:
A suit is a case filed or an action instituted before the court of competent jurisdiction
seeking protection of rights in the dispute. A suit is a civil proceeding instituted by the
presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights.
Meaning of suit:
The term “suit” has not been defined in the Civil Procedure Code, but it is a
proceeding which is commenced by presentation of a plaint. In Pandurang Ramchandra v.
Shantibai Ramchandra, the Supreme court has stated, in its comprehensive sense the word
“suit” is understood to apply to any proceeding in a court of justice by which an individual
pursues that remedy which the law affords.
Sections 26 to 35-B and Orders I to XX of the Schedule I of Civil Procedure Code
deals with the procedure relating to suits.
Essentials of suit:
In Krishnappa v. Shivappa(1907) the court has held that there are four essentials of a
suit: –
(i) Parties to a suit
(ii) Subject matter in dispute
(iii) Cause of action and
(iv) Relief
1.Parties to suit:
There must be at least two parties (two opposing parties) in a suit. The two parties
consist of a plaintiff (one who claims) and the defendant (against whom the claim is made) in
a suit. There may, however, be more than one plaintiff or more than one defendant. All
particulars, such as name, father’s name, age, place of residence, etc., which are necessary to
identify the parties, must be stated in a plaint.
2. Subject matter in dispute:
The second essential for a suit is subject matter, meaning in what respect or aspect a
civil dispute is related. There must be a subject matter in every civil suit. It is the right or
property claimed in the suit. The court adjudicates upon the right of the parties with regard to
the subject matter in a dispute.
3. Cause of action:
The second essential of a suit is cause of action. Without a cause of action there is no
existence of the suit. Cause of action is a set of facts or circumstances that a plaintiff is
required to prove. Means that set of facts and circumstances constituting the right and its
infringement. A person is party to a suit if there is a cause of action against him. The cause or
the set of events or circumstances which leads or resulted into presentation of a plaint or
filing a suit.
The cause of action means every fact which is necessary for the plaintiff to be
proved with a view to obtain a decree in his favour. Where a plaint is not disclosing a cause
of action, it is the duty of the court to reject the plaint under Order 7 Rule.11.
4. Relief:
A relief is a legal remedy for a civil wrong. A relief in a suit is claimed by the plaintiff
in a civil suit. No court will grant relief unless it is specifically claimed by the party. Every
plaint must state specifically the relief claimed by the plaintiff either simply or in the
alternative. Where the relief is founded on separate and distinct grounds, they should be so
stated. Where the plaintiff is entitled to more than one relief in respect of the same cause of
action, it is open to him to claim all or any of such reliefs.
There are two types of relief granted by the court:
● Specific relief
● Alternative relief
Conclusion:
It can be understood that a suit is a civil action which can be brought when certain
essentials regarding it are satisfied and fulfilled. A civil suit comes with a remedy without
which a plaintiff cannot bring an action. The subject matter and cause of action are also an
essential element without which a suit cannot be instituted.
