Code of Civil Procedure, 1908 · Chapter I: Suits in General · Institution of suits
Section 26: Institution of suits
[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
[(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.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 26
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Operation Asha v. Shelly Batra & Ors.
Issue arose as to whether the appellant Society registered under the Societies Registration Act, 1860 can be said to have fulfilled all the requirements stipulated u/s.92 CPC for the purpose of instituting a suit under…
- P. Mohanraj & Ors. v. M/S. Shah Brothers Ispat Pvt. Ltd.
- K. S. Varghese & Ors. v. St. Peters & Pauls Syrian Orth. & Ors.
- M.P. Steel Corporation v. Commissioner of Central Excise