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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part I: Suits In General

Section 26 CPC: Institution of suits

Bare Act text

26. Institution of suits. — [(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

[(2) In every plaint, facts shall be proved by affidavit.]

*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.]

Amendment notes

  1. Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
  2. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
  3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Every suit is instituted by presenting a plaint or in such other manner as may be prescribed. Sub-section (2), inserted by the 1999 amendment, requires facts in every plaint to be proved by affidavit. The proviso, inserted by the Commercial Courts Act, 2015 (Act 4 of 2016) for commercial disputes of a specified value, requires the affidavit to be in the form and manner prescribed under Order VI, rule 15A.

Part I: Suits In General

  1. 9 Courts to try all civil suits unless barred
  2. 10 Stay of suit
  3. 11 Res judicata
  4. 12 Bar to further suit
  5. 13 When foreign judgment not conclusive
  6. 14 Presumption as to foreign judgments
  7. 15 Court in which suits to be instituted
  8. 16 Suits to be instituted where subject-matter situate
  9. 17 Suits for immovable property situate within jurisdiction of different Courts
  10. 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
  11. 19 Suits for compensation for wrongs to person or movables
  12. 20 Other suits to be instituted where defendants reside or cause of action arises
  13. 21 Objections to jurisdiction
  14. 21A Bar on suit to set aside decree on objection as to place of suing
  15. 22 Power to transfer suits which may be instituted in more than one Court
  16. 23 To what Court application lies
  17. 24 General power of transfer and withdrawal
  18. 25 Power of Supreme Court to transfer suits, etc
  19. 26 Institution of suits
  20. 27 Summons to defendants
  21. 28 Service of summons where defendant resides in another State
  22. 29 Service of foreign summonses
  23. 30 Power to order discovery and the like
  24. 31 Summons to witness
  25. 32 Penalty for default
  26. 33 Judgment and decree
  27. 34 Interest
  28. 35 Costs
  29. 35A Compensatory costs in respect of false or vexatious claims or defences
  30. 35B Costs for causing delay
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