The fundamental objective of a country’s legal system is to impose the obligation of respecting the laws of its citizens and residents. Anyone who violates this obligation is said to have done the wrong thing. Due to the nature and seriousness of such wrongdoings, those actions are divided into two categories: Public wrong and Private wrong. Public mistakes or wrongs are considered to be committed against society at large while private wrongs are against persons. The seriousness of the former is higher than the latter.
The word “suit” applies more widely. There is some difference between the CPC 1908 charges and the other civil charges. This applies to the CPC, whereby the complaint is brought in a special format, and in other cases such as the case for a divorce, the same is established by merely presenting a petition on or by either spouse’s behalf. It should be noted that “suit” is not the same as “writing.” The law (not political and religious) is only enforced by law; however, the “writings” concern the enforcement of Fundamental Rights enshrined in Part III of the Indian Constitution. Only the High Courts and the Supreme Court.
In the Civil Procedure Code (CPC) of 1908, the term “suit” was not defined. Chamber’s 20th-century dictionary (1983) states that; “it is a general term of full meaning which refers to proceedings against one person or persons in a court of law where the applicant seeks to remedy the injury or enforcement of a claim, whether by law or in equity.”
This word ‘Suit’ is defined in the Black Law Dictionary (Sixth Edition) as “the case against a party or parties in a court of law.” ‘Clage’ also includes appeal proceedings according to some other views, but it does not include an execution process. The lawsuit referred to in the CPC is normally a civil case brought in the form of a complaint.
Institution of the suit: the provisions referred to in Section 26(1) of the Code of Civil Procedure (CPC) of 1908, that any action is instituted by complaint or as otherwise prescribed by the CPC. Under sub-section (2) the facts are proved by affidavit in each complaint. The procedural framework for action is provided below:
- Preparing the complaint
- Selecting an appropriate place to sue
- Presentation of plaint
Plaint in simple terms means “the charge or charge of a misdemeanor.” However, Order VII of the CPC deals with complaints. The word Plaintiff not included in the code. Order VII includes 18 Regulations. The details to be furnished in the complaint form part of Rule 1. Plaint opens, where the case or complaint has been filed, with the Court name. Criminal proceedings (plaint, letter of statement), criminal proceedings (claim) and the writings are in the form and are mainly subject to procedural law. “Acts of LAW,” Pleadings are.
In Pleading, by judicial stamps or challan, the party concerned is required to pay a court fee. It is very desirable for the Court to know exactly what it must decide, based on the parties, what they are contesting, before the start of a trial or civil proceedings.
In the case of Someswar v Trivuban, the Privy Council observed that all of its purposes was to give each of the parties fair notice of the facts of the opposition to accurately ascertain the points on which the Parties agree and on which they differ, thus raising a definite question among the Parties.
The complaint must be submitted to an authorized officer (known as Shrestha) of the court to accept the complaint and to enter it in the registry. The complainant shall appoint all the defendants through the court concerned and shall bear the costs of the appeal.
The complainant is to supply each defendant with a notice of summons to a true copy of the complaint. At that time, appropriate court fees should be paid. Each complaint shall comply with the rules of the CPC (Civil Procedure Code) of 1908 as far as they are applicably contained in Order VI and Order VII.
In the Civil Procedure Code of 1908, the term “other written statement” was not defined (CPC). The term “written statement” means a plea for defense, according to a legal dictionary. That is, a written statement is a response to a complaint where each of the allegations or facts presented in the complaint is denied or admitted. Another written declaration differs from a written declaration, however. The defendant’s right is the written declaration, but the further declaration is based on the court’s discretion.
The CPC (Amendment) Act, 1999 (46 of 1999), and the CPC (Amendment) Act, 2002 (22 of 2002) have been omitted to apply to rule 9 of Order 8 for a fixed time period. The effect of the change is that there will continue to be subsequent arguments, and the Court will set a time limit not more than thirty days to submit it to the same. It is not a good reason to reject the defendant’s application for amendments merely because this amendment is allegedly inconsistent with the defendant’s previous case.
In such cases, the permission to amend, or submit an additional written statement shall be granted in a general manner unless the party to the Amendment acts mistakenly or if damage caused to the adversary cannot be compensated by an award of costs is done by the party to the amendment or if the party to the amendment acts divisively or if the parties themselves are mistaken.
It is open for the defendant to add to the statement or to replace or even alter the defense or, if the complaints do not result in serious injustice or in irretrievable prejudice to the complainant or displace him completely, to include any new reasons for the defense. The principle that the courts should be generous in allowing a written statement to be amended as opposed to the complaint is well established.
READ ALSO- ‘MESNE profits under CPC’