Sinnamani Vs. G. Vettivel
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Head Note
The Code of Civil Procedure, 1908 - Section 26
Meaning of word suit - The term "suit" as such is not defined in CPC - However Section 26 of CPC gives indication as to the manner in which suit has to be instituted - According to this Section - Every suit shall be instituted by the presentation of a plaint or in such other matter as may be prescribed - In every plaint, facts shall be proved by affidavit.
The Code of Civil Procedure, 1908 - Order VII Rule (11)
Rejection of Trust Original Petition under Section Order 7 Rule 11 - It is made clear that the rejection of the Trust Original Petition under Order VII Rule 11 shall not operate as a bar for the appellants to file a fresh suit in accordance with law.
The Code of Civil Procedure, 1908 - Order VII Rule (11)
Trust Act, 1882 - Section 59 - A petition filed in the Court in a certain matter - Whereas the Act provided for filing of suit - Suit liable to rejection - Petition cannot be allowed to be converted into suit as there was no provision of conversion - Trustees of Trust filing Original petition for enforcement of their certain rights - Trust Act made no provision for filing of Original Petition - Trust Act provided for filing of suit for enforcement of right - Original petition rightly rejected under Order 7 Rule 11 CPC - A request for conversion of Original Petition that of suit also dismissed - There is no provision in Trust Act for such conversion - Held -(i) When the statutory provision clearly says as to how the suits has to be instituted, it can be instituted only in the manner alone, and no other manner.
Topic(s)-Meaning of Word Suit
Important Decision(s)-
- Trust Act, 1882 - Section 59 - Petition cannot be allowed to be converted into suit as there was no provision of conversion.
- Section 26 of CPC gives indication as to the manner in which suit has to be instituted.