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

When the defendant is absent on the scheduled hearing day despite proper summons, an ex-parte decree can be passed.

If the plaintiff appears while the defendant does not, the court may hear the suit ex-parte and grant a decree against the defendant.

An ex-parte decree is valid unless legally annulled. It holds the same enforceability as a regular decree, as established in the case of Panduranga Ramchandra v. Shantibai Ramchandra.

Remedies against an ex-parte decree include applying to set it aside under Rule 13 of Order IX, appealing under Section 96(2) of the Code, seeking revision under Section 115, or filing a review petition under Order 47 Rule 1. Fraud as a ground may also warrant a separate lawsuit.

To set aside an ex-parte decree, the defendant must submit an application to the court that issued the decree. Following certain rules, the court will consider setting aside the decree if the defendant provides sufficient reasons.

The time limit for applying to set aside an ex-parte decree is 30 days.

Grounds for setting aside an ex-parte decree include improper service of summons and the defendant’s inability to appear due to a “sufficient cause.

” The term “sufficient cause” is determined based on the facts and circumstances of each case. The burden of proof lies with the defendant to demonstrate a valid reason for non-appearance.

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