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

Drafting a plaint in a civil suit involves careful consideration and adherence to legal requirements. Here are key steps to follow:

  1. Heading: Begin with the title of the court, the case number, and the parties’ names.

  2. Introduction: Clearly state the plaintiff’s name, address, and occupation, along with the defendant’s details.

  3. Jurisdiction: Specify the court’s jurisdiction where the plaint is being filed.

  4. Facts: Present a concise and chronological account of the events leading to the dispute, including dates, locations, and relevant details.

  5. Cause of Action: Identify the legal basis for the claim and the specific laws or provisions supporting it.

  6. Relief Sought: Clearly state the remedies or reliefs sought by the plaintiff, such as monetary compensation or specific performance.

  7. Prayer: Conclude with a prayer or request for the court to grant the desired reliefs and any additional orders or directions.

  8. Verification: The plaint must be signed by the plaintiff or their authorized representative, along with an accompanying verification statement.

Ensure that the plaint is clear, concise, and follows the prescribed format. It is advisable to consult relevant civil procedure laws, court rules, and seek legal assistance when drafting a plaint to ensure accuracy and compliance with the specific jurisdiction’s requirements.

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