Q1.

Concept and Definition

 Computer (2i) means any electronic, magnetic, optical or other high-
speed data processing device or system which performs logical,
arithmetic, and memory functions by manipulations of electronic,
magnetic or optical impulses, and includes all input, output,
processing, storage, computer software or communication facilities
which are connected or related to the computer in a computer system
or computer network.
 Digital signature 2(p) means authentication of any electronic record
by a subscriber by means of an electronic method or procedure in
accordance with the provisions of section 3;
A digital signature is a mathematical scheme for verifying the
authenticity of digital messages or documents. A valid digital
signature on a message gives a recipient confidence that the message
came from a sender known to the recipient.
 Key pair 2(x) in an asymmetric crypto system, means a private key
and its mathematically related public key, which are so related that the
public key can verify a digital signature created by the private key;
 Subscriber 2(zg)means a person in whose name the 1 [electronic
signature] Certificate is issued;
 Verify 2(zh), in relation to a digital signature, electronic record or
public key, with its grammatical variations and cognate expressions,
means to determine whether–
(a) the initial electronic record was affixed with the digital signature
by the use of private key corresponding to the public key of the
subscriber;
(b) the initial electronic record is retained intact or has been altered
since such electronic record was so affixed with the digital signature.
Q2. Aims and objects of I.T. Act?
A legal framework proposed by the Indian Parliament, the Informational
Technology Act of 2000, is the primary legislation in India dealing with
cybercrime and electronic commerce. It was formulated to ensure the
lawful conduct of digital transactions and the reduction of cyber crimes, on
the basis of the United Nations Model Law on Electronic Commerce 1996
(UNCITRAL Model). This legal framework, also known as IT Act 2000,
comes with 94 sections, divided into 13 chapters and 2 schedules.
The bill of this law was passed in the Budget by a group of Parliament
members, headed by the then Minister of Information Technology and
signed by the President on 9 May 2000. It finally came into effect on
October 17, imposing restrictions on all individuals regardless of their
nationality and geographic location.
Objectives of the Information Technology Act 2000
The following are the main objectives of the Information Technology Act
of 2000 that you should know:
 Promote efficient delivery of government services electronically or
facilitate digital transactions between firms and regular individuals
 Impose penalties upon cybercrimes like data theft, identity theft,
cyberstalking and so on, in order to create a secure cyber landscape
 Formulate rules and regulations that monitor the cyber activity and
electronic mediums of communication and commerce
 Promote the expansion and foster innovation and entrepreneurship in
the Indian IT/ITES sector
 The formulation of this act has come up with the establishment of the
Controller of Certifying Authorities (CCA), a government body that
is responsible for issuing and maintaining the security of digital
signatures as well as certificates.
 The Act has made it mandatory for companies to obtain consent from
consumers when it comes to collecting or using their personal
information.
 With the Act becoming effective, individuals have the right to seek
compensation in case of damage or misuse of their personal data by
an unauthorised party.
 Through the Act, the Government of India can criminalise
cybercrime, hacking and spreading of computer viruses.
 The Information Technology Act 2000 also authorised the
establishment of the Cyber Appellate Tribunal, a specialised official
body hired to address the appeals against orders passed by
Adjudicating Officers under the Act.
Features of the Information Technology Act 2000
 The provisions of this Act are implemented by the Central
Government to regulate electronic commerce and penalise
cybercrime.
 The Act states the roles and responsibilities of intermediaries as well
as conditions under which their liability can be exempted.
 The Information Technology Act is associated with CERT-In (Indian
Computer Emergency Response Team), a nodal agency that is
responsible for cybersecurity and cyber incident response.
 There have been 2 amendments associated with this Act, addressing
the technological advancements, implementability concerns and
anomalies.
IT Act 2000 and Its Amendments
As technology evolved over time, the Indian Parliament recognized the need
to revise the Act in order to align it with societal needs, resulting in its
amendment. Two significant amendments were made to the IT Act 2000 that
you should know about.
1. Amendment of 2008
The 2008 amendment came up with modifications to Section 66A of the IT
Act, 2000. The section outlined penalties for sharing offensive messages
electronically. This includes any message or information that incited hatred
or compromised the integrity and security of the nation. However, the lack
of clarity in defining 'offensive' messages led to unnecessary punishment of
several individuals, ultimately resulting in the striking down of the section.
2. Amendment Bill 2015
In 2015, another bill was initiated to amend Section 66A with the aim of
safeguarding the fundamental rights guaranteed to citizens by the country's
Constitution. This was later accomplished by declaring it as violative of
Article 19 of the Constitution.
Digital Signature Under IT Act 2000
The Information Technology Act 2000 includes provisions that legally
introduce the use of digital signatures for submitting crucial documents
online, ensuring their security and authenticity. The Act further mandates all
companies/LLPs under the MCA21 e-Governance programme to utilise
digital signatures for document filing.
Advantages of the Act
 Before the Act was enacted, emails, messages and such other means
of communication were not legally recognised and thus not admissible
as evidence in court. However, with the introduction of the IT Act of
2000, electronic communications gained legal recognition.
 By leveraging the legal infrastructure provided by this Act, companies
can engage in e-commerce or e-business.
 With the legalisation of digital signatures, it has become easier to
carry out transactions online or verify the identity of an individual on
the internet.
 Corporations get statutory remedies in the event of unauthorised
access or hacking into their computer systems or networks.
 Individuals get monetary assistance or compensation as a remedy for
damages of any kind incurred in computer systems.
 The Act identifies and penalises various cybercrimes such as hacking,
spamming, identity theft, phishing, and so on, which were previously
not addressed in any legislation.
Disadvantages of the Act
 The Information Technology Act of 2000 fails to address the issues
involving domain names, and the rights, and liabilities of domain
owners.
 Despite the prevalence of copyright and patent issues in India, the Act
still does not protect Intellectual Property Rights when it comes to
computer programs and networks.
 Various kinds of cybercrimes such as cyberstalking, cyber fraud, chat
room abuse, theft of internet hours, and many more are not covered
by this Act.
 The IT Act has also failed to address critical issues such as privacy
and content regulation.
Loopholes in Information Technology Act, 2000
a) No provision for breach of data
The provisions of the Act only talk about gathering the information and
data of the citizens and its dissemination. It does not provide any remedy
for the breach and leak of data, nor does it mention the responsibility or
accountability of anyone if it is breached by any entity or government
organization. It only provides for a penalty if an individual or
intermediary does not cooperate with the government in surveillance.

b) No address to privacy issues

The Act failed in addressing the privacy issues of an individual. Any
intermediary could store any sensitive personal data of an individual and
give it to the government for surveillance. This amounts to a violation of
the privacy of an individual. This concern has been neglected by the
makers.
c) Simple punishments
Though the Act describes certain offences committed through electronic
means, the punishments given therein are much simpler. To reduce such
crimes, punishments must be rigorous.
d) Lack of trained officers
With the help of money and power, one can easily escape liability. At
times, these cases go unreported because of a social stigma that police
will not address such complaints.
e) No regulation over Cyber Crimes
With the advancement of technology, cyber crimes are increasing at a
greater pace. The offences described in the Act are limited, while on the
other hand, various types of cyber crimes are already prevailing, which
if not addressed properly within time, may create a menace. These crimes
do not affect any human body directly but can do so indirectly by
misusing the sensitive data of any person. Thus, the need of the hour is
to regulate such crimes. This is where the Act lacks.
 Conclusion
The Act is a step toward protecting the data and sensitive information stored
with the intermediaries online. It gives various provisions which benefit the
citizens and protect their data from being misused or lost. However, with
the advancement of e-commerce and online transactions, it is necessary to
deal with problems like internet speed and security, transactions that are
struck, the safety of passwords, cookies, etc.
Q3. Offences and their punishments under Information Technology
Act, 2000
Cybercrime is a generic term that refers to all criminal activities done using
the medium of computers, the Internet, cyberspace and the worldwide web.
Computer crime, or Cybercrime, refers to any crime that involves
a computer and a network. The computer may have been used in the
commission of a crime, or it may be the target. Netcrime is criminal
exploitation of the Internet.

Offences Section Punishment

Tampering with the documents stored Section Imprisonment of 3 years or a
in a computer system 65 fine of Rs. 2 lakhs or both.

Imprisonment of 3 years or a
Offences related to computers or any Section
fine that extends to Rs. 5
act mentioned in Section 43. 66
lakhs or both.

Receiving a stolen computer source or Section Imprisonment for 3 years or a

device dishonestly 66B fine of Rs. 1 lakh or both.

Section Imprisonment of 3 years or a

Identity theft
66C fine of Rs. 1 lakh or both

Either imprisonment for 3

Section
Cheating by personation years or a fine of Rs. 1 lakh or
66D
both.
 Either imprisonment up to 3
Section
Violation of privacy years or a fine of Rs. 2 lakhs
66E
or both

Section
Cyber terrorism Life imprisonment
66F

Transmitting obscene material in Section Imprisonment of 5 years and

electronic form. 67 a fine of Rs. 10 lakhs.

Transmission of any material

Section Imprisonment of 7 years and
containing sexually explicit acts
67A a fine of Rs. 10 lakhs.
through an electronic mode.

Depicting children in sexually explicit

Section Imprisonment of 7 years and
form and transmitting such material
67B a fine of Rs. 10 lakhs.
through electronic mode

Failure to preserve and retain the Section Imprisonment for 3 years and
information by intermediaries 67C a fine.

Penalties for Cyber Crimes

The penalties prescribed by the IT Act for cyber-crimes aim to punish and
deter would-be cybercriminals. The fines include the following.
o Hacking computers to commit fraud can attract three years of
imprisonment and a Rs.5 lakh fine.
o Publishing obscene electronic content can lead to 5 years
imprisonment and Rs. 10 lakh fine.
o Cyber-crimes affecting national security can lead to life
imprisonment.
o Lesser penalties of up to 3 years imprisonment or fines or both are
prescribed for other cyber-crimes.
Purpose of Penalties
The penalties aim to achieve the following: been mentioned below.
 o Deterrence: Higher penalties aim to discourage cyber crimes.
o Punishment: Imprisonment and fines try to adequately punish
convicted cybercriminals.
o Protection: Stringent penalties make cybercrime a high-risk activity,
protecting ordinary netizens.
Hacking
Section 66 provides that-
(1) Whoever with the intent to cause or knowing that he is likely to cause
wrongful loss or damage to the public or any person destroys or deletes or
alters any information residing in a computer resource or diminishes its
value or utility or affects it injuriously by any means, commits hacking.
(2) Whoever commits hacking shall be punished with imprisonment up to
three years, or with fine which may extend up to two lakh rupees, or with
both.
Publishing of obscene information in electronic form:
Section 67 of this Act provides that- Whoever publishes or transmits or
causes to be published in the electronic form, any material which is
lascivious or appeals to the prurient interest or if its effect is such as to tend
to deprave and corrupt persons who are likely, having regard to all relevant
circumstance, to read see or hear the matter contained or embodied in it,
shall be punished on first conviction with imprisonment of either description
for a term which may extend to five years and with fine which may extend
to one lakh rupees and in the event of a second or subsequent conviction
with imprisonment of either description for a term which may extend to ten
years and also with fine which may extend to two lakh rupees.
Defamation on Internet
Cyber defamation is the act of distributing false or harmful statements about
a person or an organization on the internet. It commonly occurs on platforms
like social media, forums, blogs, or any website. When such incorrect
information is circulated, it can have major ramifications for the person’s or
group’s reputation. It can lead to financial loss and mental anguish.
  Cyberbullying: Cyberbullying includes a wide range of online
behaviors that are intended to harass, intimidate, or harm someone
emotionally. This can include spreading negative or derogatory
statements about the victim.
 Revenge Porn: Sharing explicit or intimate images or videos of
someone without their consent to harm their reputation is called
revenge porn. Laws against revenge porn vary by jurisdiction.
 False Reviews: False reviews involve posting fake comments or
testimonials online with the intention of harming someone’s
reputation. This deceptive practice is often done to promote a
competitor’s business or settle personal scores, undermining trust in
online reviews.
 Impersonation: Impersonation occurs when individuals create fake
online profiles, typically on social media or dating platforms,
pretending to be someone else. They use these profiles to spread false
or damaging information about the person they’re impersonating,
causing harm and confusion.
 Hate Speech: Hate speech involves using online platforms to make
derogatory and false statements about individuals or groups based on
attributes such as their race, religion, ethnicity, gender, or other
characteristics. Although not always legally classified as defamation,
hate speech can severely damage reputations and incite hatred.
Q4. Power of Police officers
What is a cyber-crime
In any statute, the term cybercrime is not defined. Any unauthorized/
unlawful act, commissioned with the use of a computer or computer network
or communication device, to commit or facilitate the crime is called cyber-
crime.
Types of Cyber Crime
CHILD PORNOGRAPHY / CHILD SEXUALLY ABUSIVE
MATERIAL (CSAM)
CSAM refers to content having an image of sexual in nature, of a child,
abused or sexually exploited. Section 67 (B) of the Information Technology
Act states that publishing/transmitting any material, in electronic form,
portraying children in sexually explicit acts, is a punishable cyber-crime.
CYBER BULLYING
A bullying or a form of harassment perpetrated through electronic media or
communication devices such as laptop, computer, mobile phone etc.
CYBER STALKING
• It is the use of electronic media by a person to track a person or tries to
communicate/ contact another person to impose personal interaction
continually despite the reluctance and disinterest by such person;
• To monitor the email, internet or any other form of electronic
communication of the other person and thereby committing an offence of
stalking.
PHISHING
It is a type of fraud that involves stealing of personal information of a person
such as a bank’s customer ID, Credit Card/ Debit Card number, CVV
number, etc. through electronic channels that seem to be from a genuine
source.
RANSOMWARE
• A computer malware that encrypts the storage media and files on electronic
devices like mobile phones, laptops, desktops, etc., by taking control over
the data/ information as a hostage.
Investigation of cyber-crimes
For conducting cyber-crime investigation, certain special skills and
scientific tools are required without which the investigation is not possible.
Due to the Information Technology Act, 2000 (“IT Act”), certain provisions
of Criminal Procedure Code and the Evidence Act, have been amended.
Along with this, certain new regulations had been enforced by the Indian
legal system to meet with the need of cyber-crime investigation.
Who can investigate?
Section 78. Power to investigate offences– Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police
officer not below the rank of 1 [Inspector] shall investigate any offence
under this Act.
Process of Search and Arrest
Section 80. Power of police officer and other officers to enter, search,
etc.–
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), any police officer, not below the rank of a 1 [Inspector],
or any other officer of the Central Government or a State Government
authorised by the Central Government in this behalf may enter any public
place and search and arrest without warrant any person found therein who
is reasonably suspected of having committed or of committing or of being
about to commit any offence under this Act. Explanation.–For the purposes
of this sub-section, the expression ―public place‖ includes any public
conveyance, any hotel, any shop or any other place intended for use by, or
accessible to the public.
(2) Where any person is arrested under sub-section (1) by an officer other
than a police officer, such officer shall, without unnecessary delay, take or
send the person arrested before a magistrate having jurisdiction in the case
or before the officer-in-charge of a police station.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)
shall, subject to the provisions of this section, apply, so far as may be, in
relation to any entry, search or arrest, made under this section.

 Section 4: This Section grants legal recognition to electronic records, making it an

equivalent of paper-based documents.

 Section 5: In Section 5 of the Indian IT Act, 2000, digital signatures get equal legal
recognition as handwritten signatures. However, the authentication of these digital
signatures is determined by the Central Government.

 Section 6: Eliminating red tapism, Section 6 promotes use of the electronic records
and digital signatures by all agencies of the Indian Government. This involves online
filing of documents, issuance of licences/approvals electronically and digital
receipt/payment of money.
 Civil Procedure Code Notes
Sec 2(3) “decree-holder” means any person in whose favour a decree has
been passed or an order capable of execution has been made;
Sec 2(12) “mesne profits” of property means those profits which the person
in wrongful possession of such property actually received or might with
ordinary diligence have received therefrom, together with interest on such
profits, but shall not include profits due to improvements made by the
person in wrongful possession;
Plaint:
 A plaint is a formal document filed in front of a civil court by a
plaintiff who has sufficient jurisdiction. It is the plaintiff’s pleading
and the initial action done to institute a lawsuit in the court.
 A plaint lays out the fundamental elements of civil litigation, which
includes the plaintiff’s claim. It presents the plaintiff’s complaints as
well as their potential legal claims that may result from the lawsuit.
Although it isn’t specified in the CPC, Order VII of the CPC lays it
out.
Written Statement:
 A written statement is nothing more than the defendant’s response to
the plaintiff’s plaint. In his pleading, the defendant addresses the
significant facts raised by the plaintiff in his plaint, clarifies any new
information that supports his position, and addresses any legal
challenges to the plaintiff’s claims in the plaint. The defendant has the
option to refute the claims stated against him in the plaint in writing.
In addition, he may use, as a counter-defense, the right to deduct
whatever amounts of money that the plaintiff owes him (Order 8 Rule
6).
 However, in addition to his written statement, the defendant may
independently submit a counterclaim if he has any claims against the
plaintiff over any of the issues raised in the plaint.
Decree
Under Section 2(2) of the Code of Civil Procedure, 1908, "decree” means
the formal expression of an adjudication which conclusively determines the
rights of the parties with regard to all or any of the matters in controversy in
the suit and may be either preliminary or final. A decree must include:
 Rejection of a plaint
 Determination of any question under Section 144 of the Code.
A decree shall not include:
 Any adjudication from which an appeal lies as an appeal from an order
 Any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings have to be
taken before the suit can be completely disposed of. It is final when such
adjudication completely disposes of the suit. It may be partly preliminary
and partly final;
Judgement

 Under Section 2(9) of the Code of Civil Procedure 1908, a

"judgement" means the statement given by the Judge on the grounds
of a decree or order.
 It refers to the reasoning given by the court in order to support the
decision. A judgement is said to be the court's final decision on the
said matter in the form of a suit towards parties.
 Order 20, Rule 4(2) states that a judgement shall contain a concise
statement of a case, point for determination, the decision thereon and
all the reasons for such decisions.
 Order 20, Rule 3 of CPC says that the judgement must be signed and
dated by the judge while declaring it in the court.
 Once it is signed by the judge, the judgement is not allowed to be
amended except in cases where there are arithmetical errors due to
accidental omission. The provision for the same is stated in Section
152 of the Code of Civil Procedure.
Order
Section 2(14) of the Code defines “order” as the formal expression of any
decision of a Civil Court which is not a decree.
Essential Elements of an Order:
 Formal Expression
 Formal Expression should not be a decree
 The decision must be pronounced by a civil court.
Types of Order
 Appealable Orders: Orders against which an appeal lies. Orders
mentioned under Section 104 and Order 43 Rule 1 of the CPC are
examples of appealable orders.
 Non-Appealable Orders: Orders against which a party cannot file an
appeal.
Orders can also be classified into:
 Final Order - The Order which finally determined the rights of the
parties.
 Interlocutory Order - Provisional orders passed by the Court in the
course of the litigation.
Q3. Enforcement of Foreign Judgement under CPC?
Introduction
Section 13 outlines the conditions under which a foreign judgment can
be recognised as conclusive in India. These conditions include that the
foreign court must have had jurisdiction, the judgment must be on the
merits of the case and it must not be contrary to Indian law or principles
of natural justice.
Section 14, on the other hand, deals with the presumption of lawfulness
of foreign judgments. It presumes that a foreign judgment is valid
unless proven otherwise.
The purpose of these provisions is to ensure that judgments from
foreign courts are respected and enforced in India in a manner that is
consistent with principles of justice, equity and good conscience. They
also provide a framework for the recognition of foreign judgments
based on international conventions and bilateral treaties.

What is Foreign Judgement under CPC?

The term “foreign judgment” is defined in Section 2(6) of the Code of
Civil Procedure as a judgment issued by a court outside India. Section 13
of the Code outlines the criteria for recognising a foreign judgment, which
is a prerequisite for any enforcement proceedings. Unless a foreign
judgment meets the conclusiveness test outlined in Section 13, it cannot
be enforced.
What is a Foreign Court?
A “foreign court,” as defined in Section 2(5) of the Code of Civil Procedure,
refers to a court located outside India that is not established or continued by
the central government. Sections 13, 14 and 44 of the Civil Procedure Code
govern foreign judgments.
Section 13 incorporates principles of private international law, stipulating
that a court will not enforce a foreign judgment if it is not from a competent
court. These rules are substantive and procedural in nature.
Enforcement of Foreign Judgements Meaning
Enforcement of foreign judgments is the process of recognising and giving
effect to a judgment or order issued by a court in one country in another
country. This process allows the successful party in a lawsuit to seek the
enforcement of the judgment in a different jurisdiction where the
defendant’s assets are located or where the judgment debtor resides.
Nature And Scope of Sec. 13, C.P.C.
A foreign judgment under CPC can operate as res judicata, except in the six
cases specified in Section 13 and subject to other conditions in Section 11
of the CPC. The rules in this section are substantive rather than procedural.
The failure of a foreign judgment to address every separate issue, such as
the status of the contracting parties or the measure of damages, is irrelevant
unless such failure falls within one of the exceptions to Section 13.
Section 13: Enforceability of a Foreign Judgement under CPC
Requirements for the enforceability of a foreign judgment under CPC in
India include:
Finality: The foreign judgment must be final and conclusive. It should not
be subject to appeal or further review in the foreign jurisdiction.
Compliance with Section 13 of the Code of Civil Procedure: Section 13
outlines the conditions under which a foreign judgment will not be
recognised or enforced in India. These conditions include:
 The judgment is not from a court of competent jurisdiction.
 The judgment is not on the merits of the case.
 The judgment is founded on an incorrect view of international law or
refuses to recognise Indian law.
 The judgment violates the principles of natural justice.
 The judgment was obtained by fraud.
 The judgment sustains a claim founded on a breach of Indian law.
Q4. Place of Suing
Place of suing in CPC refers to where a lawsuit or legal action should be
initiated or filed. It specifies the jurisdiction and venue where the case
should be brought before a court.
The provisions regarding the place of suing are outlined in the Code of Civil
Procedure to ensure that the appropriate Court with the necessary
jurisdiction is chosen for the efficient and fair resolution of the dispute.
The rules and guidelines related to the place of suing help determine which
Court is competent to hear and decide a particular case based on factors such
as the nature of the case, the subject matter, the geographical location of the
parties involved, and other relevant considerations.
Provisions for Place of Suing under CPC
The place of suing in CPC is discussed under Sections 15 to 20. Section 15
pertains explicitly to the pecuniary jurisdiction of the Court. Sections 16 to
18 address suits concerning immovable property, Section 19 covers suits
related to compensation for wrongs and movable property, and Section 20
deals with suits concerning other matters.
Section 15: Place of Suing Based on Pecuniary Basis
Section 15 of Code of Civil Procedure 1908- “Court in which suits to be
instituted”-“Every suit shall be instituted in the Court of the lowest grade
competent to try it”
Section 15 of the Code of Civil Procedure states that every lawsuit should
be initiated in the Court of the lowest grade with the competence to handle
it. This requirement aims to prevent overburdening of higher courts. While
a judgment passed by a higher-grade court remains valid, a decree passed
by an incompetent court would be considered void.
Section 16: Suits to be instituted where subject-matter situate.
Section 16 of the Code of Civil Procedure, 1908 states that suits related to
specific types of claims concerning immovable property should be instituted
in the Court within the local jurisdiction where the property is situated.
These types of suits include:
 Recovery of immovable property with or without rent or profits,
 Partition of immovable property,
 Foreclosure, sale, or redemption in the case of a mortgage or charge
on immovable property,
 Determination of any other right or interest in immovable property,
 Compensation for wrong to immovable property,
 Recovery of movable property that is currently under distraint or
attachment.
Section 17: “Suits for immovable property situate within the
jurisdiction of different Courts”
In cases where the immovable property is situated within the local
jurisdiction of different courts if a lawsuit is filed seeking compensation or
relief for wrongs caused to the immovable property, it can be brought before
any court within the jurisdiction where a portion of the property is located.
However, it is important to note that the Court hearing the case will have
cognizance over the entire claim, considering the significance of the subject
matter of the suit.

Q5. Institution of Suit?

Meaning of Institution of Suit
Institution of suit under CPC refers to the formal commencement of a legal
action or civil suit by a plaintiff against a defendant in a court of law. The
institution of suit initiates the legal process by which the plaintiff seeks a
legal remedy, such as a judgment, order or decree, for a particular issue or
dispute.
The key components of the institution of suit under CPC typically include:
 Filing a Plaint: The plaintiff starts the process by filing a written
statement known as a “plaint” in the appropriate court. The plaint
outlines the facts of the case, the legal basis for the claim and the relief
or remedy sought.
 Court Selection: The plaintiff must choose the correct court with
jurisdiction to hear the case, meaning that the court has the legal
authority to handle the specific type of dispute and is located within
the appropriate geographic area.
 Payment of Court Fees: The plaintiff is generally required to pay the
prescribed court fees, which may vary depending on the nature and
value of the suit, as per the Court Fees Act, 1870.
 Service of Summons: After the institution of the suit under CPC the
court issues a summons to notify the defendant of the legal action and
require their appearance in court to respond to the plaintiff’s claims.
  Proceedings: Once the defendant receives the summons and
responds, the legal proceedings unfold, including the presentation of
evidence, legal arguments and ultimately the court’s judgment or
decree.
How Institution of Suit under CPC is Done?
 Drafting a plaint (a formal written statement outlining the case)
 Selecting the appropriate court for filing the civil suit (the place of
suing)
 Presenting the plaint to the court or a designated officer.
Scope and Applicability of Section 26
In a civil civil suit, the responsibility for providing evidence lies with the
plaintiff. The plaintiff must demonstrate that the allegations against the
defendant are true and that the defendant is legally responsible for any
damages claimed. To initiate a civil suit, the plaintiff’s plaint should include
all the necessary details and supporting documentation.
Additionally, the prescribed court expenses, which typically represent a
small portion of the total claim or suit value, should be submitted along with
the plaint. The specific court fees and stamp duty amounts are determined
by the Court Fees Act, 1870 and the Stamp Act, 1899, based on the type of
suit being filed.
Section 9 of the CPC deals with court jurisdiction to hear all civil suits, with
exceptions only when the law explicitly or implicitly prohibits it.
Q6. Parties of suit ORDER 1
Who is a Necessary Party?
A necessary party is one without whom no order can be effectively
made. Therefore, the "necessary party" is that party without whose
presence the suit must fail. This way, a necessary party is a mandatory
party to the suit.
Who is the Proper Party?
A proper party is one in whose absence an effective order can be made
but whose presence is necessary for the complete and final disposal of
the case.
Joinder of Parties
The main purpose for joinder of parties is to ensure that the suits can
be finally and conclusively decided on merits in presence of all parties.
When Plaintiffs may be Joined
The provisions of Rule 1 of Order 1 of the Code of Civil Procedure
provide who may be joined as plaintiffs in a suit. This Rule provides
that all such people may be joined as plaintiffs in one suit who have, in
their own right, a claim arising out of the same cause of action alleged
in the suit. And if such people brought separate suits, a common
question of law or fact would arise in all of them.
When Defendants may be Joined
The provisions of Rule 3 of Order 1 of the Code of Civil Procedure
provide who may be joined as a defendant in a suit. This Rule provides
that all such people may be joined as defendants in one suit, if there
exists a claim against all such persons, whether jointly, severally, or in
the alternative, arising out of the same cause of action as alleged in the
suit; and if separate suits are brought against all such persons, then in
all such suits any common question of law or fact would arise.
According to Order I of Rule 9 of CPC, a suit shall not be dismissed
because of the misjoinder or non-joinder of a party. However, if a party is a
necessary party to the suit, then it is the duty of the court to bring that party
on the record of the suit for the interest of justice.