When and how necessity arises for filing of a suit?

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The term “plaintiff” refers to person filing the suit.  And the term “defendant” refers to person against whom the suit is filed in the initial state. You must have seen that in every place nowadays in every city, even at tehsil headquarters and district headquarters, there are a number of Civil Courts taking up civil suits or civil appeals and deciding for the betterment of people. But the question arises where the lawsuit should be filed?

Place of Suing

There are a number of Courts before you and sometimes you are residing in one district or in one tehsil, the person against whom you want to file, the suit resides in an another district or in another tehsil, or in an another province, then, which type of suit is to be filled where whether where the defendant resides or whether where the plaintiff is residing. All this we find in law, and it has been defined as Place of Suing.

Suing means filling a suit. It is a process of initiating the civil procedure litigation in a particular matter. For example, to understand there is a High Court, there is a supreme court, there is a District & Session Judge Court, there is a Senior Civil Judge Court, there is a Civil Judge Court. Now, whether it is the sweet will of the party filing the suit to go to any Court or there should be some mechanism, some behavior, or some conduct to be followed that where which type of suit is to be filled and the first basic principle which has been laid down under the law relates to the place of suing.

When a right to sue is given to a party and a party wants to exercise their power, where the suit is to be fine. The initial stage is the lowest possible Court according to the jurisdiction.

As far as jurisdiction is concerned, there are two types of jurisdiction: pecuniary jurisdiction (relating to capital and territorial jurisdiction (relating to territory).

Various type of suits are of great value a suit for recovery of Rupees 50 Lacs has a greater value that a suit for recovery of Rupees 5000. So, how to understand & how to determine is provided under this particular law, but the first basic principle is that when you are having a number of Courts before you, you have to go in the first instance to the Court of the lowest jurisdiction which meets the requirement of your pecuniary jurisdiction and territorial jurisdiction.