Section 26 of CPC : Section 26: Institution of suits.

CPC

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Explanation using Example

Example 1:

Ravi has a dispute with his neighbor, Suresh, over the boundary of their properties. Ravi believes that Suresh has encroached on his land by building a wall. To resolve this issue, Ravi decides to file a civil suit in the local court. According to Section 26 of The Code of Civil Procedure 1908, Ravi must start the suit by presenting a plaint, which is a written statement of his claim. Ravi's lawyer drafts the plaint, detailing the facts of the case, the relief sought, and the legal grounds for the claim. Additionally, Ravi's lawyer attaches an affidavit as required under Order VI of Rule 15A, affirming that the contents of the plaint are true to the best of Ravi's knowledge. Ravi then submits the plaint and the affidavit to the court, officially instituting the suit.

Example 2:

Meera lent Rs. 50,000 to her friend, Anjali, with the agreement that Anjali would repay the amount within six months. However, even after a year, Anjali has not repaid the loan despite multiple reminders. Frustrated, Meera decides to take legal action to recover her money. Meera approaches a civil court and, following Section 26 of The Code of Civil Procedure 1908, she files a suit by presenting a plaint. The plaint includes details such as the amount lent, the agreed repayment period, and the fact that Anjali has failed to repay the loan. Meera's lawyer also prepares an affidavit as per Order VI of Rule 15A, confirming the truthfulness of the plaint's contents. Meera submits the plaint and the affidavit to the court, thereby initiating the legal process to recover her money.

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