CPC -Preliminary, Institution of Suits, Barto Jurisdiction, Maintainability
Introduction
Preliminary
The Code of Civil Procedure, 1908
(CPC) is a procedural law that governs the conduct of civil cases in India. It
sets out the rules for filing a suit, serving summons, conducting discovery,
taking evidence, and enforcing a decree. The CPC also contains a number of
provisions that are considered to be preliminary in nature. These provisions
deal with matters such as the jurisdiction of civil courts, the maintainability
of suits, and the bar to jurisdiction.
Institution of Suits
A suit is a legal proceeding
initiated by a person (the plaintiff) against another person (the defendant) to
seek a remedy for a wrong that has been done to them. The CPC sets out the rules
for the institution of suits, including the requirements for the form and
content of the plaint, the fees that must be paid, and the place where the suit
must be filed.
Bar to Jurisdiction
The jurisdiction of a court is
the power to hear and decide a case. The CPC contains a number of provisions
that bar the jurisdiction of civil courts. These provisions are designed to
prevent cases from being filed in courts that do not have the power to hear
them.
Maintainability
The maintainability of a suit
refers to whether the suit can be filed in a particular court. The CPC contains
a number of provisions that deal with the maintainability of suits. These
provisions are designed to ensure that cases are only filed in courts that have
the power to hear them and that the parties to the suit have the right to bring
the case before the court.
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