All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
88.

Which of the following provision of Civil Procedure Code, 1908 deals with the, Institution of Suits?

A: Section 22
B: Section 24
C: Section 26
D: Section 28

The answer is: C

Explanation

The correct option is C: Section 26.

This section deals with the institution of suits, which means the initiation or commencement of a civil suit by the presentation of a plaint or in such other manner as may be prescribed. A plaint is a written statement of the claim or grievance of the plaintiff against the defendant. Section 26(1) of the CPC states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Section 26(2) provides that in every plaint, facts shall be proved by affidavit. An affidavit is a sworn statement of facts made before a person who has authority to administer an oath. The purpose of an affidavit is to verify the truthfulness of the allegations made in the plaint. Section 26 of the CPC is the first section under Part II of the CPC, which deals with the procedure of suits in general.

The other options are incorrect because they deal with different aspects of the CPC. Section 22 deals with the transfer of suits where several courts have jurisdiction. Section 24 deals with the general power of transfer and withdrawal of suits. Section 28 deals with the service of summons where the defendant resides in another state.