Section 26 of The Code of Civil Procedure, 1908
Institution of suits.
1[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. 2[(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 of Rule 15A.]
Summary
- Every legal action must begin by giving a formal written complaint, called a plaint, to the Court.
- The law may also allow other specific ways to start a suit as decided by future rules.
- Any facts stated in this written complaint must be supported by a sworn statement called an affidavit.
- This sworn statement must follow the specific rules and format found in Order VI Rule 15A of the Code.
Practical examples
FAQ
1. How do I officially start a lawsuit under Section 26 of The Code of Civil Procedure, 1908?
A lawsuit is officially started by presenting a written complaint known as a plaint to the Court as per Section 26 of The Code of Civil Procedure, 1908.
2. Does a plaintiff have to prove the facts in their complaint at the start of a case under Section 26 of the civil law?
Yes, Section 26 of the civil law requires that every fact mentioned in the written complaint must be proved by a sworn affidavit.
3. What specific rule governs the format of the affidavit required by Section 26 of the 1908 Code?
The affidavit must follow the form and manner set out in Order VI Rule 15A of the 1908 Code.
Test yourself
1.Under Section 26 of The Code of Civil Procedure, 1908, what is the standard method for starting a civil suit?
2.According to Section 26 of the Code of Civil Procedure, 1908, how must the facts in a plaint be proved?
3.Which specific part of the Code is referenced by Section 26 of the Code of Civil Procedure, 1908, regarding the format of the required affidavit?
4.Does Section 26 of The Code of Civil Procedure, 1908, allow for any other way to start a suit besides a plaint?