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 issuance of a summons in a civil case refers to the process by which the court officially generates the legal document and authorizes its delivery to the defendant.

The summons is typically issued by the court clerk or a judicial officer upon the request of the plaintiff (the party initiating the lawsuit). Once the summons is issued, it is then served to the defendant in accordance with the prescribed rules and procedures.

The issuance of the summons marks the formal beginning of the legal action and notifies the defendant of their legal obligations and the need to respond to the lawsuit within the specified time frame.

Join the conversation