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Under the Civil Procedure Code, 1908, "every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it appo
Question

Under the Civil Procedure Code, 1908, "every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf." This is provided under:

A.

Section 26

B.

Section 20

C.

Order 3 Rule 1

D.

Order 4 Rule 1

Correct option is D


Order 4 Rule 1 of the Civil Procedure Code, 1908 mandates that every suit must be instituted by presenting a plaint in duplicate to the Court or to an officer appointed by the Court for this purpose. This rule establishes the procedural requirement to formally initiate a lawsuit. The plaint is the document where the plaintiff details their claims and the relief sought.
Information Booster: Order 4 Rule 1 is critical because it lays down the process for the formal institution of a suit, ensuring that the Court is properly approached for legal redress. The provision for a duplicate plaint helps ensure that proper records are maintained by the Court.
Additional Knowledge:
· (a) Incorrect: Section 26 relates to the general provision for instituting a suit but does not specifically address the duplicate plaint requirement.
· (b) Incorrect: Section 20 pertains to jurisdiction based on the location of the defendant or where the cause of action arises.
· (c) Incorrect: Order 3 Rule 1 deals with recognized agents and pleaders.

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