CENTRE FOR HUMAN RESOURCE DEVELOPMENT
YANGON UNIVERSITY OF DISTANCE EDUCATION
DEPARTMENT OF LAW
STUDY ON THE SUIT OF CIVIL NATURE
Group-5
5LLB-21 _Swan Paing Kyaw
5LLB-22_Myat Oo Htun
5LLB-23_Zin Min Oo
5LLB-24_Hnin Wint San
5LLB-25_Kyaw Shwe
5-LLB, ONLINE
2019
Civil Nature
- The word “civil nature" means such rights as
are vested in the citizen and fall within the
domain of civil law and not public law.
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The Suit of Civil
The suit of civil nature may be understood as a suit in which the
fundamental question for determination, the matters in controversy
primarily relating to the private rights and obligations, not to be related
to political or religious rights and obligations.
What is the word “Civil” means?
- The word “civil” is pertaining private rights and remedies
and it is the fact that distinguish from Criminal and
Political.
- In terms of enforcement, ordinary civil courts are the
proper tribunals to which resort must be had for
enforcement of civil right and that no wrong of a civil
nature shall be without a remedy in the civil court.
Civil Court
• In terms of enforcement, ordinary civil courts are the proper tribunals
to which resort must be had for enforcement of civil right and that no
wrong of a civil nature shall be without a remedy in the civil court.
The same principles have been applied in the privy council ruling
which is still followed.
• Ibd
Civil Liabilities
- In measuring civil liabilities the law attaches more importance to the principal
of
compensation than to that of fault.
- The civil law barring few exceptions takes no account of character of the
defendant or motive for the same.
- It also does not take account of probable or intended consequences but only of
the consequences, which actually ensue.
- The Civil Law thus deals with civil or private rights with remedy as contrasted
with criminal laws where the state is involved.
- Civil Law is that body or branch of laws which every particular nation or
state or city has established peculiarly for itself. https://www.lawteacher.net
The objective of civil law
• The objective of civil law is to decide civil liability for an act or
omission.
• In a litigation procedure the court shall rule within the frames of the
claims being filed in the procedure.
• Ibd
When does a suit institute?
- Suit is instituted to enforce the legal rights. (http://www.legalservicesindia.com)
- Civil suits are instituted by the presentation of the plaint which has particular format.
Aim of Legal system
- The basic aim of a legal system of a country is to impose duty to respect the
legal rights conferred upon the members of the society.
- The person making a breach of that duty is said to have done the wrongful
act.
- There are two categories of wrongful act.
- Public wrongful act is termed under the Law as ‘crime’ governed by the
Criminal Laws (Substantive and Procedural).
- Private wrongful act (civil wrong) is governed by the Civil Laws.
Remedy and Legal Right
• In case of civil wrong, the remedy is the compensation either liquidated or unliquidated
damages; the remedial measures ensured to the people is based on the Latin maxims
damnum sine injuria (damage without injury), injuria sine damnum (injury without
damage) and ubi jus ibi remedium.
• According to the first two maxims if the legal right of a person is violated he will get the
remedy, even in case where no actual damage is caused to him; but where he has no legal
right, then if any actual damage is caused to him, he cannot be entitled to get the remedy.
The ubi jus, ibi idem remedium (where there is a right there is a remedy), speaks of the
remedial measure available in the formerly mentioned cases.
• The remedial measures are enforced through the institution of suit.
Relative Case
• In Sanker Naryan Potti v K Sreedevi , the Apex Court held “…it is obvious
that in all types of civil disputes civil courts have inherent jurisdiction. A suit
in which the right to property or to ((1998) 3 SCC 751) an office is contested
is a suit of a civil nature, notwithstanding that such right may depend
entirely on the decision of questions as to religious rites or ceremonies.
(section 9,CPC)
Suit
• In the Black’s Law Dictionary (7th Edition) this term “suit” is defined
as the proceeding initiated by a party or parties against another in the
court of law.
• According to some other views, ‘suit’ includes appellate proceeding
also; but it does not include an execution proceeding.
• Ordinarily, suit under the CPC is a civil proceeding instituted by the
presentation of a plaint.
(http://www.legalservicesindia.com)
How to Institute a Suit?
• In every suit shall be instituted by the presentation of a
plaint. In every plaint, facts shall be proved by affidavit.
• The procedural framework relating to the institution of a
suit is give below.
• 1. Preparing the plaint
• 2. presentation of the plaint
• (Section 26,Order 4 Of CPC)
Plaint
• We have found that the expression Plaint is the statement of a claim, in
writing and filed by the plaintiff, in which he sets out his cause of
action with all necessary particulars.
(ORDER VII,CPC)
Constitution of a Plaint
The plaint shall contain the following particulars:
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect. Rule1, ORDER VII,CPC
(e) the facts constituting the cause of action and when it arose;(In Case U Saung Vs U
Khin Mg and Two,1959.Ma Ta Sa(Hluttaw),314)
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
(i) a statement of value of the subject matter of the suit for the purposes of jurisdiction
and of court-fees, so far as the case admits.
8 rules regarding the contents of a plaint
(1) Where the plaintiff seeks the recovery of money, the plaint shall state the precise
amount claimed; But where the plaintiff sues for mesne profits, or for an amount which will be
found due to him on taking unsettled accounts between him and the defendant the plaint shall
state approximately the amount sued for.
(2) Where the subject-matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it, and in case such property can be identified
by boundaries or numbers in a record of settlement or survey, the plaint shall specify such
boundaries or numbers . Rule 2, ORDER VII,CPC
Rule 3, ORDER VII,CPC
(3) Where the plaintiff sues in a representative character, the plaint shall show not only
that has an actual existing interest in the subject matter, but that he has taken the steps (if
any) necessary to enable him to institute a suit concerning it .
(4) The plaint shall show that the defendant is or claims to be interested in the subject
matter, and that he is liable to be called upon to answer the plaintiff’s demand.
(5) Where the suit is instituted after the expiration of the period prescribed by the law of
limitation, the plaint shall show the ground upon which exemption from such law is claimed
. Rule 4, ORDER VII,CPC
Rule 5, ORDER VII,CPC
Rule 6, ORDER VII,CPC
(6) Every plaint shall state specifically the relief which the plaintiff claims either simply or in the
alternative, and it shall not be necessary to ask for general or other relief which may always be given as
the court may think just to the same extend as if it had been asked for. And the same rule shall apply to
any relief claimed by the defendant in his written statement (In Case U Thein Mg Vs,U Tin Aung and
Two,By Rule 7,Order 7 of CPC)
(7) Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded
upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly .
1984,Ma Ta Sa,44
Rule 8, ORDER VII,CPC
(8) Where the Court orders that the summons be served on the defendants in the manner provided
in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as
there are defendants within seven days from the date of such order along with requisite fee for service
of summons on the defendants .
Presentation and Registering a Plaint
Section 26 and Order 4 contain the provisions relating to the institution of a suit. Rule 1 of
Order 4 goes as:
(1) Every suit shall be instituted by presenting a plaint in duplicate to the Court or such
officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Order VI and VII, so far as they
are applicable.
(3) The plaint shall not be deemed to be duly instituted unless it complies with the
requirements specified in sub-rules (1) and (2).
Rule 2 of Order 4 provides that the Court shall cause the
particulars of every suit to be entered in a book to be kept
for the purpose and called the register of civil suits. Such
entries shall be numbered in every year according to the
order in which the plaints are admitted.
Return of a plaint
• The plaint shall at any stage of the suit be returned to be presented to the court in which the
suit should have been instituted.
• Rule 10, ORDER VII,CPC
• In Ma Than V. Mg Ba Gyan Case*, the judge decided about the return of plaint. Held that “
Where the subject –matter of the suit is land and the valuation which the plaintiff puts on the
land is disputed and where the proper valuation is after inquiry found to be beyond the
pecuniary limits of the court in which the plaint was presented, so that the plaint is returned
for presentation in another court, and where further the plaint is so presented without undue
delay, a transfer made in the interval between the return of the plaint and its presentation to
the proper court is a transfer which is prohibited by section 52 of the Transfer of Property
Act.
Rejection a plaint
According to Rule 11, the plaint shall be rejected in the following cases:
(1) where it does not disclose a cause of action.
(2) where the relief claimed is under valued, and the plaintiff, on being required by the court
to correction the valuation within a time to be fixed by the court, fails to do so .
In Ma Kyin Myaing Vs. Hoe Lan case**. The judge held that the choose the court in which he
would bring his suit for possession or partition of property by assigning the arbitrary value of the
subject matter of the suit and that it is not only within the power of the court but it is also its
duty to take action under order V11 Rule 11 of the C.P.C if it is established no relation to the
value of the right litigated, although the court should be slow to question the property of the
plaintiff’s valuation especially in cases where no reasonable rules under section 9 of the suits
valuation have been laid down by appropriate rules under section 9 of the Suits Valuation Act”.
(3) Where the relief claimed is properly valued, but the plaint
written upon paper insufficiently stamped, and the plaintiff, on the
being required by the court to supply the requisite stamp –paper
within a time to be fixed by the court, fails to do so;
(4) Where the suit appears from the statement in the plaint
to be barred by any law.
In Daw Tin Hlaing Vs G Gord Handas case * Held: -
Since there was a delay of over 7 years in filing the suit the
plaint should have been rejected under order 7 Rule 11 (d) of
the civil procedure code.
(5) Where it is not filed in duplicate.
(6) Where the plaintiff fails to comply with the provision of Rule 9.
Provided that the time fixed by the court for the correction of the valuation or
supplying of the requisite stamp papers shall not be extended unless the court,
for reasons to be recorded, is satisfied that the plaintiff was prevented by any
cause of an exceptional nature from correcting the valuation or supplying the
requisite stamp papers, as the case may be within the time fixed by the court and
that refusal to extend such time would cause grave injustice to the plaintiff.
According to Rule 12, where a plaint is rejected, the Judge shall
record an Order to that effect with the reasons for order. Rule 13
clarifies that the rejection of the plaint on any of the grounds
hereinbefore mentioned shall not of its own force preclude the
plaintiff from presenting a fresh plaint in respect of the same
cause of action. In U Tin OoVs U Shwe Hla Phyu case, the court
rejection of plaint for not complete cause of matter in plaint.
(1983,Ma Ta Sa 38)
