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    Question

    How is a suit to be instituted according to the Civil

    Procedure Code, and what is required in the plaint?
    A A suit can be instituted orally before the court without the need for a plaint or affidavit Correct Answer Incorrect Answer
    B Every suit shall be instituted by the presentation of a plaint or as prescribed, with facts supported by an affidavit in the form and manner under Order VI, Rule 15A Correct Answer Incorrect Answer
    C A suit shall only be instituted if both parties agree to the presentation of a plaint before the court Correct Answer Incorrect Answer
    D No affidavit is required in the plaint if the facts are deemed self-evident by the plaintiff Correct Answer Incorrect Answer
    E The suit can only be instituted through a special order from the competent court Correct Answer Incorrect Answer

    Solution

    Explanation: 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.  

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