1. Introduction
Order IV of the Civil Procedure Code (CPC) governs the process of instituting civil suits. It sets out how and when a suit begins, the role of the plaint, and the court’s duty to ensure procedural compliance before registration. This order establishes the first formal step in bringing a civil dispute before the judiciary.
2. Institution of Suits (Rule 1)
Every suit is instituted by the presentation of a plaint to the court or its authorized officer. The plaint must comply with the requirements of Order VI and Order VII, containing all necessary particulars such as cause of action, parties, and relief claimed. Once the plaint is filed, the court assigns it a registration number, marking the formal commencement of proceedings.
3. Plaint Requirements
The plaint forms the foundation of the civil suit. It must:
- State the name, description, and address of the parties.
- Clearly describe the cause of action and the relief sought.
- Be verified and signed as required by law.
- Be accompanied by the prescribed court fee and documents supporting the claim.
Defective plaints may be returned for correction or rejected if the deficiencies are not remedied within the stipulated period.
4. Registration of Suits (Rule 2)
After the plaint is filed, it is examined by the court registry to ensure compliance with procedural rules. If found in order, the suit is registered and assigned a case number. This registration gives the suit its legal existence, allowing summons to be issued to the defendant and other procedural steps to follow.
5. Defective or Irregular Plaint
Where the plaint is defective, the court may return it for rectification under Order VII, Rule 11. The plaintiff must correct the defects and refile within the prescribed time. Persistent non-compliance may lead to rejection of the plaint, effectively terminating the proceedings before they commence.
6. Importance of Proper Institution
The proper institution of a suit is crucial to ensure that the judicial process begins on a valid foundation. It determines the suit’s validity, the court’s jurisdiction, and the rights of the parties from the date of filing. A defect in institution can render the entire proceeding void or delay justice.
7. Conclusion
Order IV reinforces the procedural discipline necessary for civil litigation. By laying down clear rules for filing and registering suits, it guarantees orderliness, accountability, and transparency in the initiation of judicial proceedings. Observance of these provisions is essential for ensuring that the court’s time is devoted only to properly constituted suits.