CPC Section 26 | Institution of suits through plaint.

CPC Section 26

Institution of suits.

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

Explanation of CPC Section 26

--------- As per Amendment in Kpk

“26. Institution of suits through plaint.

(1) Every suit shall be instituted by the presentation of a plaint in such a manner as may be prescribed.

(2) On presentation of the plaint, it shall be the duty of the Court to prima facie, satisfy itself of jurisdiction, cause of action and question of limitation:
Provided that if the Court does not satisfy itself, it shall be bound to record reasons for doing so.

(3) The plaintiff shall, at the time of institution of suit, file two sets of the plaint and other accompanying documents. He may further be required to file as many additional sets of the plaint, as may be determined by the Court.

(4) It shall be duty of the Court to maintain electronic record of proceedings in suits in the manner, as may be prescribed.

Explanation: For the purpose of this sub-section, suits include any proceedings in applications, appeals, review or anything incidental thereto.

--------- As per Amendment in Punjab  

“26. Institution of suits through plaint.

(1) Every suit shall be instituted by the presentation of a plaint in such manner as may be prescribed.

(2) The plaintiff shall file as many copies of the plaint and accompanying documents with the plaint as there are defendants to the suit, to be sent alongwith the summons.

(3) It shall be duty of the Court to maintain electronic records of the proceedings in suits in such manner as may be prescribed.

Explanation. For the purposes of this sub-section, the word “suits” includes any proceedings in applications, appeals, reviews, revisions or anything incidental thereto.

--------- As per Amendment in Islamabad 

26. Institution of suit. Every suit shall be instituted by presentation of a plaint or in such other manner as may be prescribed.

 

 

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