(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.]
ADVERTISEMENTS:
Every suit is to be instituted by presenting a plaint to the court or to such officer as it appoints in that behalf. [Order IV, Rule 1(1)]. Presentation must be by delivery to the court or its officer either personally or by a pleader. Sending by post is not sufficient.
There is nothing in the Code to suggest that a plaint should be presented during court hours or within court premises, and hence the judge or officer of the court authorised to accept plaints may accept it outside office hours or the court buildings, though he is not bound to do so.
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Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable. [Order IV, Rule 1(2)].
The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose 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. (Order IV, Rule 2).
