Institution of Suits

Every suit is to be instituted by presenting a complaint to the court or such officer as the court may appoint in that behalf. The court to which a complaint is presented may accept a complaint or reject it or may return it to the plaintiff.

• 1If it does not disclose a cause of action;
• 2Where the suit appears to be barred by the law of limitation;
• 3The relief claimed is properly valued, but the complaint is written upon a paper insufficientJy stamped, and the plaintiff fails to supply the requisite stamp paper within the prescribed time.

The instance given for rejection of the complaint do not appeal to be exhaustive. A complaint may be rejected on grounds other than those mentioned above.

A plaintiff whose complaint is rejected may appeal from the order rejecting the complaint or he may present a new complaint.

Where the complaint is presented to the wrong court it shall be returned to be presented to the proper court and this may be done at any stage of the suit. If there is no ground for rejecting or returning the complaint, the court should admit the complaint. After the complaint is admitted, it is numbered and registered as a suit. After the complaint has been admitted, the plaintiff has to apply to the court for the issue of one original summons and as many copies thereof as there are defendants.