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

After the dismissal of a suit due to the plaintiff’s non-appearance, the plaintiff can submit an application to have the dismissal order set aside.

If the court is convinced that there is a valid and sufficient reason for the non-appearance, it can revoke the dismissal order and schedule a new date for the proceedings.

When assessing the sufficient cause for the plaintiff’s non-appearance, the crucial factor is whether the plaintiff genuinely made an effort to appear on the designated hearing date. If the plaintiff demonstrates sufficient cause for their non-appearance, it becomes obligatory for the court to reopen the suit.

However, in the absence of sufficient cause, it is at the discretion of the court to determine whether to set aside the dismissal or not, as established in the case of P.K.P.R.M. Raman Chettyar v. K.A.P. Arunachalam Chettyar.

The assessment of sufficient cause depends on the specific facts and circumstances of each case.

In the case of Chhotalal v. Ambala Hargovan, the Bombay High Court noted that if a party arrives late and finds their suit dismissed due to non-appearance, they have the right to have their suit or application restored upon payment of costs.

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