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

To initiate a civil suit in India, certain documents are required to be filed with the court. While the specific requirements may vary depending on the nature of the case and the jurisdiction, here is a list of commonly required documents for instituting a civil suit in India:

  1. Plaint: The plaintiff’s written statement detailing the facts and the relief sought.

  2. Affidavit: An affidavit affirming the truthfulness of the contents of the plaint.

  3. Vakalatnama: A document authorizing an advocate to represent the plaintiff.

  4. Court fees: Payment of the requisite court fees as prescribed by law.

  5. List of witnesses: A list of witnesses along with their addresses and contact information.

  6. Supporting documents: Relevant documents supporting the plaintiff’s claim, such as contracts, agreements, correspondence, or any other relevant evidence.

  7. Power of Attorney: If the suit is filed on behalf of another person or entity, a power of attorney authorizing the plaintiff to act on their behalf.

  8. Jurisdictional documents: Any documents establishing the court’s jurisdiction over the matter, such as proof of residence or the location of the cause of action.

  9. Valuation of relief: In certain cases, a document stating the value of the relief sought to determine the court’s jurisdiction.

  10. Any other specific documents: Depending on the nature of the case, additional documents may be required, such as property documents in a land dispute or medical records in a personal injury case.

It is important to consult with a lawyer to ensure that all the necessary documents are prepared and filed correctly, as the requirements may vary based on the specific circumstances of the case and the applicable laws in the relevant jurisdiction.

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