Answer:- Order IV of the Code of Civil Procedure deals with Rules relating to the institution of suits of civil nature. It consists of two rules only.
Suit to be commenced by plaint:
(i) Every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf.
(ii) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
Register of suits: The court shall cause the particulars of every suit to be entered in a book to be kept for the purposes and called the register of civil suits.Such entries shall be numbered in every year according to the order in which the plaints are admitted.
The above two Rules mainly deal with two aspects. Those are:
Presentation of a plaint; and
Time and place of presentation of plaint.
Presentation of a Plaint
According to Section 26 and Rule 16 of Order XI of the Code of Civil Procedure, every suit must be instituted by the presentation of a plaint or in such other manner as may be prescribed by the Code of Civil Procedure. Plaint means a private statement in writing tendered to a court by a person setting forth his cause of action. Sub-rule says that every plaint shall comply with the rules contained in Orders VI and VII so far as they are applicable. Further, every suit must be instituted either by the plaintiff himself or by any person duly auhtorised by him. In a nutshell, every proceeding must commence with a plaint, otherwise it cannot be a suit.
Time and Place of Presentation
According to it, every must be presented to the court or such officer as it appoints in that behalf. But, it is to be noted that there is no rule that such presentation must be made either at a particular place or at a particular time. Generally, it must be presented during office hours. However, a judge may accept a plaint at his residence or at any other place even after office hours.
According to the Rule 2, once a plaint is accepted by an officer of a court, the particulars of it must be entered in a book to keep for that purpose. Such register is called register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.
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Deepak Miglani
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