Course Content
Institution of Suit?
In India, the institution of a suit refers to the formal process of initiating a legal action by filing a plaint in the appropriate court. It is the act of presenting the claim before the court and seeking a legal remedy. The plaintiff, through the plaint, sets out the facts, grounds, and reliefs sought in the case. The institution of a suit involves paying the requisite court fees, submitting the necessary documents, and complying with procedural requirements. Once the suit is properly instituted, the court acquires jurisdiction over the matter and the litigation process begins, leading to subsequent stages such as pleadings, discovery, trial, and judgment.
Summons in a civil case is a legal document issued by the court to notify a defendant of a lawsuit and instruct them to appear in court.
Appearance and Consequences Non-Appearance of Parties
Appearance and non-appearance of parties refers to their presence or absence in a legal proceeding. Parties may physically attend or be represented by legal counsel, signifying their active participation (appearance). Non-appearance occurs when parties are absent, which can have consequences such as dismissal or postponement of proceedings.
Civil Court Practice
About Lesson

In a civil suit, an affidavit is a written statement of facts or evidence provided by a party or a witness involved in the case. It is a sworn document that carries legal weight and is used to present evidence, present information, or support a claim in court.

Here are some key points about affidavits in civil suits:

  1. Purpose: Affidavits serve as a means to present information or evidence to the court. They can be used to establish facts, provide supporting documentation, or present the testimony of witnesses who cannot appear in person.

  2. Content: Affidavits typically contain the personal details of the affiant (the person making the statement), including their full name, address, and occupation. They should clearly state the facts or evidence that the affiant is attesting to, and should be organized in a logical and coherent manner.

  3. Sworn statement: Affidavits must be signed by the affiant in the presence of an authorized person, such as a notary public or a judicial officer. By signing, the affiant declares that the contents of the affidavit are true to the best of their knowledge and belief. This is known as taking an oath or affirming under penalty of perjury.

  4. Supporting documents: Affidavits may be accompanied by supporting documents, such as contracts, photographs, medical records, or any other relevant evidence that strengthens the claims or facts presented in the affidavit.

  5. Filing and submission: Affidavits are typically prepared by the party or their legal representative and submitted to the court as part of the evidentiary process. They should comply with the procedural rules and guidelines specific to the jurisdiction where the case is being heard.

  6. Cross-examination: Affidavits can be subject to cross-examination during the trial or hearing. This means that the opposing party or their representative may question the affiant about the statements made in the affidavit to test their credibility or accuracy.

It’s important to note that specific rules and requirements for affidavits may vary depending on the jurisdiction and the court where the civil suit is being heard. It is recommended to consult with a lawyer or legal professional to ensure compliance with the local rules and procedures.

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