Code of Civil Procedure, 1908, History of Civil Procedure Code enacted by Britishers in 1859, as uniform Procedure for all civil nature matters except Supreme Court in Presidency towns and Court of small causes. After several amendments it was completely recast and enacted as Code of Civil Procedure, 1908.
a.Civil Suit:
A civil Suit/ case involve a legal dispute between two or more parties including legal entities and Government organizations. A civil action begins when a party to a dispute files a complaint, and pays a filing fee and seek justice in petition if any unjust happened to him or alleging violations of civil law by the defendant. Any lawsuit filed in an attempt to legally recover monetary damages or to have a specific action from a legal contract upheld. The person filing the suit is often referred to as the plaintiff and the person or entity against whom the case is filed is often referred to as the defendant. In some areas person filing the complaint is referred as petitioner, and the person against whom the case is filed is called respondent.
b. Suit for Recovery:
Under Order VII of CPC in case of or in the absence of written agreement, a suit can be filed on the basis of an oral. Suit for recovery is an effective remedy for aggrieved party and transparent procedure defendant or respondent.
c. Summary suit under order XXXVII Civil Procedure Code:
In this suit debtors have very limited scope to avoid to pay the debts to the parties, as there are very few chances to delay the proceeding. Every case has to special character and varies from matter to matter. Broadly it states as under: Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
If any party has filed a suit under this order and rule, then after putting the appearance before the Court within ten days and after service of summon for judgments, defendant can seek leave to defend for contesting the matter and its depends upon the court that leave may be grant or not. For filing of debt recovery suit U/o XXXII Civil Procedure Code are based upon this guide line define in this section/under order as under.
d. Suit for injunction:
- A suit for Injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State. Disobedience of injunction is punishable as contempt of court. In India, some of these points have been incorporated into rules of jurisdiction by being enacted as sections of the Specific Relief Act. In other words civil suit is an effective legal remedy by any person against the other seeking a relief of restraint under the facts when the person approaching the court is aggrieved by any mischief of the other person.
e. Suits for Damages:
Suit for damages. The word 'damages' means monetary compensation for the loss suffered. Whenever a breach of contract takes place, the remedy for 'damages' is the one that is applied by the aggrieved party as a consequence of breach of contract.
f. Suit for Declaration:
Declaration is an authoritative pronouncement by the court in respect of a person's right to property or his status. Declaration under specific relief act is particular type of relief where there is no specific performance, no award of compensation but merely a declaration of rights of the parties. Who may sue:(i) Persons having any legal character or (ii) Person having any right to any property.
g. Suit for Specific Performance:
Where there is no standard for quantifying the actual damages that are caused to the aggrieved party by non-performance of the contract. Where the monetary compensation is not an adequate measure of the loss of the aggrieved party is very high. In cases of contracts entered into for sale of immovable property or special rare antique pieces or certain items which mean a lot to the aggrieved party and which cannot be replaced. Where a property of the aggrieved party is held by his agent or trustee and the act is to be done to perform a trust function.