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Institution of Suits

INSTITUTION OF SUITS
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[26. Institution of suits through plaint.– (1) Every suit shall be instituted by
presentation of a plaint in such manner as may be prescribed.
(2) The plaintiff shall file as many copies of the plaint and accompanying documents with
the plaint as there are defendants to the suit, to be sent along with the summons.
(3) It shall be duty of the Court to maintain electronic records of the proceedings in suits
in such manner as may be prescribed.
Explanation.– For purposes of this subsection, the word “suits” includes any proceeding in
applications, appeals, reviews, revisions or anything incidental thereto.
26A. Written statement.– (1) The defendant shall file written statement not later than thirty
days from the date of his first appearance in the Court.
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[1. Courts to be numbered.– For the purposes of this Code, the Courts shall be
numbered, identified and addressed with reference to the numbers allocated to
them.
2. Commencement of proceedings in suit.– (1) Every suit shall be instituted,
by presenting a plaint to a Court or such officer as it appoints in this behalf, and
assigned to an Administrative Judge and a Trial Judge under the Code.
(2) Every plaint shall comply with the rules contained in Order VI and
Order VII, so far as they are applicable.
3. Register of suits.– The Administrative Judge shall cause the particulars of
every suit to be entered in a book to be kept for the purpose and called the register
of civil suits. Such entry shall be numbered in every year according to the order in
which the plaints are admitted.]
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[ORDER IV-A
ADMINISTRATIVE JUDGES
1. Administrative Judges.– The District Judge shall designate as many Civil
Judges in the District as Administrative Judges as are necessary to the disposal of
load of work with dispatch.
2. The Administrative Judge shall take and complete pre-trial proceedings in a
suit, after it has been registered, when he is satisfied that the plaint and the written
statement complies with the provisions of Orders VI and VII.
3. The pre-trial proceedings include the proceedings under Orders V, VIII, IX,
IX-A, IX-B, X, XI, XII, XIII and XIV.
4. Upon taking and completing his pre-trial proceedings, the Administrative
Judge shall cause the suit along with the entire record, placed on a specific date,
before the Trial Judge for its trial under the Code:
Provided that the Administrative Judge, before sending the suit, shall satisfy
himself that witnesses of the parties to the suit enter their appearance before the
Trial Judge on the date when the suit is to be placed before him.
5. The Trial Judge, before commencement of trial, shall cause registration of
the suit in the register of civil suits in the manner provided in Order IV.]
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