Code: Section 26 CPC
Section 26 – Institution of suits
(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
(2) In every plaint, facts shall be proved by affidavit.
Provided that such an affidavit shall be in the form and manner as prescribed under Order VI Rule 15A.
Explanation of Section 26 CPC
Section 26 of the Code of Civil Procedure, 1908 lays down the basic procedure for instituting a civil suit. It states that every civil proceeding begins through the filing of a plaint before a competent court.
The provision also makes it mandatory that the facts stated in the plaint must be supported by an affidavit. This requirement was introduced to ensure authenticity and discourage false or frivolous claims in civil litigation.
The affidavit accompanying the plaint must comply with the requirements provided under Order VI Rule 15A CPC. This ensures that the pleadings are verified properly and the person filing the suit takes responsibility for the correctness of the facts mentioned.
Key Essentials of Section 26 CPC
Institution of Suit Through Plaint
A civil suit generally starts when the plaintiff presents a plaint before the court having jurisdiction.
Other Prescribed Modes
The section also allows institution of suits through any other procedure prescribed by law or procedural rules.
Mandatory Affidavit
Every plaint must be accompanied by an affidavit verifying the facts stated in it.
Verification Under Order VI Rule 15A
The affidavit must follow the prescribed format and manner under Order VI Rule 15A CPC.
Illustration
Example 1: Filing of a Recovery Suit
A businessman files a recovery suit against a debtor in a District Court. He submits a plaint containing details of the unpaid amount along with a sworn affidavit verifying the facts. The suit is properly instituted under Section 26 CPC.
Example 2: Plaint Without Affidavit
A plaintiff files a civil suit for property partition but fails to attach the required affidavit. The court may direct the plaintiff to cure the defect before proceeding further with the suit.
Common Questions and Answers on Section 26 CPC
1. What is meant by “institution of suit” under CPC?
Answer:
Institution of suit means the formal commencement of a civil proceeding before a court by presenting a plaint.
2. Is filing an affidavit mandatory with the plaint?
Answer:
Yes. Under Section 26(2) CPC, facts mentioned in the plaint must be proved through an affidavit.
3. What is a plaint?
Answer:
A plaint is a legal document filed by the plaintiff containing the facts, cause of action, and relief sought from the court.
4. What happens if the affidavit is not filed?
Answer:
The court may treat it as a procedural defect and direct the plaintiff to submit the affidavit in the prescribed form.
5. Which rule prescribes the format of the affidavit?
Answer:
The affidavit must comply with Order VI Rule 15A CPC.
Conclusion
Section 26 CPC forms the foundation of civil litigation in India by prescribing how a civil suit is instituted. The requirement of filing a plaint along with a supporting affidavit promotes transparency, accountability, and procedural discipline in judicial proceedings. Proper compliance with this provision is essential for the valid institution of a civil suit.
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