Suit
/suːt/
Civil Law Term
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Definition
A civil proceeding initiated before a civil court by a person (the plaintiff) against another (the defendant) for enforcement of a right or redress of a wrong. A suit is commenced by filing a plaint. The Code of Civil Procedure, 1908 governs the procedure for civil suits in India. Unlike criminal proceedings, suits are between private parties — the state is not the prosecutor. Suits must be filed in the court with territorial and pecuniary jurisdiction.
Examples
Case Study
In A.R. Antulay v. R.S. Nayak (1988), the Supreme Court distinguished suits from other proceedings. In a suit, every fact relied upon must be pleaded — courts cannot go beyond the pleadings of the parties. The principle 'as you plead, so you prove' governs civil suits.
Key Cases
Udhav Singh v. Madhav Rao Scindia
1977AIR 1977 SC 1201
Held that in a civil suit, a party is bound by their pleadings — courts cannot grant reliefs not prayed for, nor decide issues not raised in the pleadings. Strict rule of pleadings applies in civil suits.
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