Section 26: Institution of suits

 

Code of Civil Procedure Section 25. Power of Supreme Court to transfer suits, etc.

 

INSTITUTION OF SUITS

26. 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:]

³[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A.]

Note 1: Section 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).

Note 2: Ins by s. 3, ibid. (w.e.f. 1-2-2002).

Note 3: Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 27. Summons to defendants.

Simplified Explanation:

Section 26 (2) has been introduced by amendment providing that in every plaint, fact shall be verified by affidavit.

Judgment:

(a) In Vidyawati Gupta V. Bhakti Hari Naik & Ors., AIR 2006 SC 1194, the Supreme Court explained the scope of the amended provision observing that the purpose for its introduction was to eliminate the procedural delays in the disposal of the civil matters though, the provisions are directory in nature and noncompliance thereof would not automatically render the plaint non-est.