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Order IV: Institution of Suits

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Legal Commentary & Landmark Judgments: Order 4

Order IV regulates the formal institution of civil suits, mandating the presentation of plaints in duplicate and their chronological entry into the official Register of Civil Suits.

  • Plaint in Duplicate [R. 1]: Every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in that behalf, and every plaint shall be presented in duplicate.
  • Compliance with Pleadings Rules: The plaint shall not be deemed to be duly instituted unless it complies with the requirements contained in Orders VI and VII.
  • Register of Civil Suits [R. 2]: Court causes the particulars of every suit to be entered in a book kept for the purpose and called the Register of Civil Suits, assigning a unique Suit Number (e.g., CS No. 123/2026).
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court upheld the requirement of presenting plaints in duplicate under Order 4 Rule 1, noting that the duplicate copy is immediately utilized for issuing summons to the defendant without delay.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that proper presentation under Order 4 marks the definitive date of institution for limitation purposes.
Courtroom Practice & Strategic Litigation Guidance:

Always file the plaint in duplicate along with the requisite copies of documents; presentation in duplicate is a statutory condition precedent for due institution under Order 4 Rule 1(2).

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