- Date 24 Dec 2020
- Category Civil Law
ABOUT THIS PROJECT
The civil remedy for recovery of cash is by way of institution of a suit during a court of appropriate jurisdiction. The suit are often instituted under Order IV of the Code of Civil Procedure 1908 (CPC).
Suit are often instituted at the place where:
the Defendant resides; or
place where he carries on business or personally works for gain; or
the explanation for action wholly or partly arises.
After determining this territorial jurisdiction, the pecuniary jurisdiction is required to be determined. the worth of the suit has got to be considered for this purpose. supported the worth the suit are often filed either within the District Court or the supreme court .
The suit are often filed within 3 years from the date of explanation for action having arisen. The said period of limitation can’t be condoned.
INSTITUTION OF SUITS UNDER ORDER 4 CPC AND ESSENTIALS OF PLAINT:
A suit is instituted by way of a plaint. Plaint is that the description of facts of the case and therefore the exact amount being claimed along side any interest.
The Plaint is to be amid the supporting documents viz, written contract, particulars of claim and correspondences if any. This plaint is required to be proved by way of an accompanying affidavit and an appropriate verification of the facts.
Court fee as per the schedule is required to be paid by the Plaintiff. A suit shall be returned just in case an equivalent isn’t filed along side court fee.
Once the said plaint is filed in Court, an equivalent shall be numbered by the Court.
PROCEEDINGS AFTER INSTITUTION:
Issuance of summons: The Court after examining the plaint and its admissibility shall issue summons which is required to be duly served upon the Defendant/s.
Written Statement: The Defendant after entering appearance shall be required to file its Defense/ Written Statement within the timeline prescribed.
Framing of issues, Trial and Arguments: After framing of issues involved within the suit, the trial shall commence. On conclusion of Evidence, the ultimate arguments would be heard and suit decreed.
EXECUTION OF THE DECREE:
Decrees are often executed by way of an Execution Application filed within the jurisdiction of the place where the assets of the Defendant/s are situated. just in case of non-satisfaction of decree the code also provides for imprisonment for the Defendant/s.