Rule 1 of CPC : Rule 1: Suit to be commenced by plaint.

Explanation using Example

Example 1:

Ravi has a dispute with his neighbor, Suresh, over the boundary of their properties in Mumbai. Ravi believes that Suresh has encroached on his land by building a wall that extends into Ravi's property. Ravi decides to take legal action to resolve the issue.

1. Ravi approaches a civil court in Mumbai to file a suit against Suresh.
2. He prepares a plaint, which is a written statement of his claim, detailing the facts of the case, the relief he seeks, and the legal grounds for his claim.
3. Ravi ensures that the plaint is in duplicate, as required by Rule 1 of Order IV of the Code of Civil Procedure, 1908.
4. He submits the plaint to the court or the designated officer appointed by the court.
5. The court checks if the plaint complies with the rules specified in Orders VI and VII, which include requirements such as the format of the plaint, verification, and necessary documents.
6. Since Ravi's plaint meets all the necessary requirements, it is deemed to be duly instituted, and the court proceeds with the case.

Example 2:

Priya, a resident of Delhi, has not been paid her salary for the last three months by her employer, XYZ Pvt. Ltd. Despite repeated requests, the company has not cleared her dues. Priya decides to file a suit to recover her unpaid salary.

1. Priya drafts a plaint, clearly stating the amount of salary due, the period for which it is unpaid, and the legal basis for her claim.
2. She makes two copies of the plaint, as required by Rule 1 of Order IV of the Code of Civil Procedure, 1908.
3. Priya submits the plaint to the appropriate civil court in Delhi or to the officer appointed by the court to receive such documents.
4. The court examines the plaint to ensure it adheres to the rules laid out in Orders VI and VII, which include proper verification, necessary annexures, and the correct format.
5. Priya's plaint fulfills all the stipulated requirements, so the court accepts it as duly instituted.
6. The court then issues a notice to XYZ Pvt. Ltd. to respond to the suit, and the legal proceedings commence.