Section 26 of CPC : Section 26: Institution Of Suits

Explanation using Example

Imagine a scenario where Mr. Sharma believes that his neighbor, Mr. Gupta, has built a fence that encroaches on his property. Mr. Sharma decides to file a lawsuit to have the fence removed and to claim the land he believes is rightfully his. According to Section 26(1) of The Code of Civil Procedure, 1908, Mr. Sharma would begin his legal action by submitting a plaint to the appropriate civil court. This plaint would outline his grievance and the relief he is seeking from the court.

Following Section 26(2), Mr. Sharma would also need to provide an affidavit with the plaint. This affidavit would contain the factual details of his claim, such as the measurements of the land, the position of the fence, and any other relevant information. The affidavit must be in the specific format and manner set out in Order VI Rule 15A of the Code, ensuring that the facts presented are sworn to be true to the best of Mr. Sharma's knowledge.