What is Civil suit in Hindi

 

Meaning of suit:

A ‘suit’ or a ‘law suit’ (civil suit) is any proceeding in a Court of Justice on which a plaintiff pursues his remedy to recover a right or claim. A suit is a process instituted in a Court of Justice for recovery or protection of a right, the enforcement of a claim, or the redress of wrong [Sec. 185, C.P.C.]. The word ‘suit’ ought to be confined to such proceedings as, under that description, are directly dealt with in the Code of Civil Procedure, or such as by the operation of the particular Act which regulates them are treated as suits.

Suit is prosecution or pursuit of some claim, demand or request; the act of suing, the process by which one endeavours to gain an end or object; the mode and manner adopted by law to redress civil injuries; a proceeding in a Civil Court for the enforcement of a right. Suit is an action of any kind whether at law or equity.

Civil suit:

A suit of civil nature is a suit to enforce legal rights, a suit in which any valuable right is sought to be enforced. The right may be against another citizen or the State. Therefore, a suit of a civil nature is a suit for the enforcement of rights or obligations of a citizen and not matters which are purely of a caste or religious community would not be of a civil nature. Suits of civil nature are a suit to recover damages against wrongful dismissal from service, a suit for reinstatement, a suit for right to worship, a suit for declaration of right to take out procession, a suit for dissolution of marriage, a suit for recovery of arrears of salary, a suit for office, a suit for damages for defamation etc.

Essentials of a civil suit:

The essentials of a law suit are: (i) the opposing parties; (ii) the cause of action; (iii) the subject-matter; and (iv) the relief claimed.

(i) The opposing parties:

In every suit there must be at least one plaintiff and one defendant. There may be more than one plaintiff and more than one defendant. Where an act or transaction proceeds from two or more persons or it affects two or more persons, but in the absence of either plaintiff or defendant, the suit cannot be instituted.

(ii) The cause of action:

Every suit must have the cause of action. The cause of action means every fact which traversed it would be necessary for the plaintiff to prove in order to support his right to the judgment of the Court. It consists of essential facts which have to be proved by the plaintiff to entitle him to a decree of the Court. Thus the cause of action refers to the cause or the set of circumstances which leads upto a suit.

(iii) The subject matter:

The subject matter of a suit is the right or property claimed by the plaintiff in the suit. The Court adjudicates upon the right of the parties with regard to the subject-matter in dispute.

(iv) The relief claimed:

Every suit must contain the relief claimed by the plaintiff. The relief claimed should be stated specifically in the plaint. The relief claimed by the plaintiff must be one which the Court can grant. The plaintiff may sue for one or more of the reliefs available to him and can reserve his right, with the permission of the Court, to sue for the remaining reliefs.

 

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