Institution of a suit (Order IV and V)

Your landlord in Vashi refuses to return your deposit, so you decide to sue. You cannot simply walk into the courtroom and tell the judge your story. Something has to be filed, the court has to record it, and the landlord has to be told officially that he is being sued. What if he hides, or refuses to open the door to the court’s peon? Orders IV and V of the Code lay out, step by step, how a civil suit starts and how the defendant is brought to court.

In two minutes

A civil suit begins only when a plaint that complies with Orders VI and VII is presented in duplicate (O.IV r.1), and the defendant is brought in by a summons that must be issued, sealed and served as Order V prescribes.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.