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 a civil suit, there are typically two main parties involved: the plaintiff and the defendant. Here’s a brief explanation of each:

  1. Plaintiff:

    The plaintiff is the party who initiates the lawsuit or legal action. They are the individual, organization, or entity that claims to have suffered harm, injury, or loss and seeks a legal remedy or resolution. The plaintiff is responsible for filing the complaint or petition, outlining their allegations and the relief they are seeking from the court.

  2. Defendant:

    The defendant is the party against whom the lawsuit is filed. They are accused of causing harm, injury, or loss to the plaintiff. The defendant’s role is to respond to the allegations made by the plaintiff in the complaint and present their defenses. They may dispute the claims, argue that they are not responsible for the alleged harm, or assert other legal arguments to counter the plaintiff’s case.

It’s important to note that in some civil cases, there may be additional parties involved.

These parties are known as third parties or additional defendants. They may be brought into the lawsuit if they are believed to have some responsibility or connection to the claims being made.

For example, if the defendant believes that another party shares some liability, they may file a third-party claim against that party, bringing them into the litigation.

Furthermore, in certain types of civil cases, such as class action lawsuits, there can be a large number of plaintiffs and defendants involved. These cases typically involve a group of individuals (the plaintiffs) who collectively bring a claim against one or more defendants, usually seeking compensation for a shared harm or injury.

The specific parties involved in a civil suit may vary depending on the nature of the case, jurisdiction, and applicable laws. It’s important to consult legal resources or seek advice from a qualified attorney to fully understand the parties involved in a particular civil suit.

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