Institution of suits
Section 26 of the Code of Civil Procedure, 1908 deals with institution of suits. ] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. The Act came into force on 01 Jan 1909.
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.]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.]
Section 26, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show that 'suits' are proceedings instituted by plaint in civil courts
-
Sinnamani vs G. Vettivel
Court's Decision & Legal Precedent
When a statute (such as the Indian Trust Act) provides for filing a suit for certain purposes (e.g., Section 59 for beneficiary enforcement of trusts) and provides for filing original petitions for other purposes (e.g., Sections 72-73 for trustee management), the procedure prescribed by the statute must be strictly followed. An Original Petition filed in violation of this statutory procedure cannot be converted into a suit in the absence of an express enabling provision in the statute itself (such as exists in Section 295 of the Indian Succession Act but does not exist in the Trust Act). Courts cannot invoke general principles like the doctrine against hyper-technicalities or inherent jurisdiction under Section 151 CPC to circumvent the mandatory procedural distinctions established by the statute.
On this section: Defines how suits must be instituted - through plaint; applied to establish that suits have a specific form and procedure
-
Dilip Kumar Khater vs Concept 2 Designs LLP
Court's Decision & Legal Precedent
In the absence of a registered lease deed for a term exceeding one year, a tenant cannot claim a long-term fixed tenure based on alleged oral agreements, and the tenancy is deemed month-to-month, terminable by notice.
On this section: Governing the filing and procedure of the suit.
-
Shaik Noorjahan Begum vs Shaik Ismail Sharif
Court's Decision & Legal Precedent
When a defendant admits a signature on a negotiable instrument but fails to adduce evidence to rebut the statutory presumption of consideration, the court must rule in favor of the holder of the instrument.
On this section: Procedural filing and attempt at alternative dispute resolution.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Code of Civil Procedure?
Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021) is the leading judgment on this section among those set out below: Cited to show that 'suits' are proceedings instituted by plaint in civil courts. Another 3 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2012 to 2025.
How do I find court cases under Section 26 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 26, section 26 CPC, section 26 of the Code of Civil Procedure. People searching for it also type cpc 26 order 7 rule 1 and cpc 26 7 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021).
When did Section 26 of the Code of Civil Procedure come into force?
Section 26 of the Code of Civil Procedure, cited as CPC 26, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.