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PART I SUITS IN GENERAL · INSTITUTION OF SUITS

Section 26: Institution of suits

The Code of Civil Procedure, 1908

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

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

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

Footnotes in the official text

  1. 1.S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
  2. 2.Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
  3. 3.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).

Questions on this section

1 question in 4 of our papers cite Section 26. Try these from the free papers:

  1. 1. Under Section 26(2) of the Code of Civil Procedure, 1908, in every plaint the facts shall be:

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