Petitions. or suits are interchangeable terms. However, in practice, the words 'petitions' and 'suits' are generally used to mean formal applications for seeking legal remedy. Suit of a civil nature is ordinarily tried in civil court. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits a civil nature. Due to increasing litigation and delays in civil suits, parliament and state legislative created special courts and Tribunals with special enactments. The reason behind this exercise is for speedy disposal of cases of various types.
For ex. Cases of ejectment in respect of urban
buildings between the land lord and tenant are now dealt with by special courts
created under various state legislations. Railway accidents claims are decided
by railway claim Tribunals, claims by Industrial woken for payment of wages are
entrusted to prescribed authorities.
So is the case with the workman's compensation
claims. In some states and in center also service tribunal have been created
for adjudication of cases of public servants in disputes arising out of their
employment, including dismissal, terminator of service, etc. At many places
family courts have been established to deal with matrimonial disputes. In such
cases which are dealt with by special courts under special enactments the party
aggrieved expected to approach such special courts or tribunal and the
jurisdiction of the civil courts under sec. 9 CPC is barred. These tribunals
are given various powers of a civil court while trying a suit under CPC through
they are not regular civil courts. Very often the presiding officer of these
tribunals courts are also presiding officer, of regular civil courts for ex. In
family courts and Motor Vehicle Tribunal.
The provisions of the CPC do not as such
necessarily apply to proceedings before these tribunals although proceedings
are civil in nature. To what extent provisions of the CPC are applied to a
particular civil proceeding depends on the statute under which the tribunal is
created. The fundamental rule of pleadings mentioned in the part I of this
study material are broadly applicable even to civil proceedings, though because
of the relatively summary nature of those proceedings the same rules may not
apply in their full rigors. In may case the proceedings are commenced not
through -Plaint" but through "petition".
Even though the fundamental rule should apply
to a petition also, yet it is necessary for the pleader to study the statutory
provisions carefully so that a blind adherence to the provisions of CPC may not
land him in difficultly. For ex., Order 30, Rule I, permits a partnership firm
to sue or to be sued in the name of the name of the firm. If the CPC has been
applied as a whole to such civil proceedings, then of course, order 30 Rule 1 would
also apply, but if the statute is silent on this point, then it would be
necessary for all the partners the firm to sue or to be sued jointly in their
individual names, instead of in the name of the firm. Like wise in respect of a
claim petition before a service tribunal it may be necessary to implied the
appointing authority of the public servant.
In a suit before the civil court it is the
Union of India or the state concerned which is required to be sued vide Art,
300 of the constitution of India. The appointing authority may be an authority subordinate
to the Government but in a civil court it is not necessary or proper to impaled
such and authority as defendant. These points of difference should be kept in
mind while drafting pleading in such civil proceedings.
Special Enactments
(1) Hindu Marriage Act. 1955
(2) Administrative Tribunals Act. 1988
(3) Consumer Projection Act. 1986
(4) Arbitration and Conciliation Act. 1996
(5) Motor Vehicle Act. 1988
(6) Indian Succession Act.
(7) Guardians and Wards Act, 1890
(8) Companies Act. 1956
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