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

In cases where neither the plaintiff nor the defendant appears before the court during the scheduled hearing of the suit, the court has the authority to dismiss the suit under Rule 3 of Order IX. However, such dismissal does not prevent the filing of a fresh suit based on the same cause of action, as stated in Rule 4.

Additionally, the plaintiff has the option to request the court to set aside the dismissal if they can demonstrate sufficient reasons for their non-appearance. If the court is convinced of the validity of the reasons provided, it may overturn the dismissal order and schedule a new hearing date for the suit.

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