Original Suit

Original Suit (Civil Law)

An Original Suit (O.S.) is a civil case filed for the first time before a competent civil court to enforce or protect a legal right. It is called “original” because the case starts in that court, not as an appeal or revision.

The procedure for filing an original suit is governed by the Code of Civil Procedure, 1908.

1. Meaning of Original Suit

An Original Suit is the initial legal proceeding filed by a plaintiff against a defendant seeking relief such as:

• Recovery of money
• Property dispute
• Specific performance of contract
• Injunction
• Declaration of rights
• Damages or compensation

Example:
If a person files a case for recovery of ?5 lakh from another person, it will be filed as an Original Suit in the civil court.

2. Parties in an Original Suit

3. Stages of an Original Suit

1 Filing of Plaint
The case begins by submitting a plaint under Order 7 of the Code of Civil Procedure, 1908.

2 Issue of Summons
Court issues notice to the defendant.

3 Written Statement
Defendant files their reply.

4 Framing of Issues
Court identifies the disputed questions.

5 Evidence Stage
Both parties present documents and witnesses.

6 Arguments

7 Judgment and Decree

4. Types of Original Suits

Common types include:

• Money Recovery Suit
• Property/Title Suit
• Partition Suit
• Specific Performance Suit
• Permanent or Temporary Injunction Suit
• Declaration Suit

5. Jurisdiction of Courts

Original suits can be filed in:

• Civil Judge (Junior Division)
• Civil Judge (Senior Division)
• District Court
• High Court (in certain matters)

Jurisdiction depends on:

• Territorial jurisdiction
• Pecuniary jurisdiction
• Subject matter

6. Example of Case Title

A vs B
Original Suit No. 123/2026
Before the Court of Civil Judge (Senior Division)

Simple Example:
If someone illegally occupies your property, you can file an Original Suit for possession and injunction before the civil court.