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 specific rules regarding the valuation of suits are governed by the Court Suit Act, 1887, the Court Fees Act, 1870 and the relevant rules of the state where the suit is being filed.

Each state in India may have its own rules and guidelines for the valuation of suits, so it’s essential to consult the applicable rules in the relevant jurisdiction.

In general, the valuation of a suit is based on the following principles:

  1. Market value: In cases involving property disputes or claims related to property, the market value of the property is considered for the valuation.

  2. Relief sought: The monetary value of the relief sought by the plaintiff is taken into account. For example, in a suit for recovery of a debt, the value would be the amount of money claimed.

  3. Subject matter: The value may also be determined based on the subject matter of the suit. For instance, in cases related to intellectual property rights, the value may be based on the commercial value of the intellectual property.

  4. Specific rules: Certain types of suits may have specific rules for valuation. For example, family law matters such as divorce or maintenance may have prescribed methods for determining the value.

It’s important to note that the valuation of a suit is subject to scrutiny by the court, and if the valuation is found to be incorrect or undervalued, the court may direct the plaintiff to pay additional court fees or revise the valuation accordingly.

To ensure the accurate valuation of a suit, it is advisable to consult with a lawyer who can provide guidance based on the specific circumstances of the case and the applicable laws in the relevant jurisdiction.

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