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

The provisions concerning the sole appearance of the defendant are outlined in rules 7-11 of Order IX. When the defendant appears but the plaintiff is absent, two situations may arise:

  1. The defendant does not accept the plaintiff’s claim, either in whole or in part.
  2. The defendant admits the plaintiff’s claim.

If the defendant does not accept the plaintiff’s claim, the court will order the dismissal of the suit. However, if the defendant fully or partially admits the plaintiff’s claim, the court has the authority to issue a decree against the defendant based on such admission. The remaining portion of the claim will be dismissed.

Dismissal of the plaintiff’s suit without hearing their side is a grave matter and should only be employed when the court is convinced that it is necessary in the interest of justice. This was highlighted by Beaumont, C.J. in the case of Shamdasani v. Central Bank of India.

Join the conversation