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 India, the service of summons in a civil case is governed by the Code of Civil Procedure (CPC). Here is a general outline of the process:

  1. Authorized person: The summons must be served by an authorized person, such as a court bailiff, process server, or any person appointed by the court for this purpose.

  2. Personal service: The preferred method is personal service, where the authorized person delivers the summons directly to the defendant. It involves physically handing over a copy of the summons to the defendant or their authorized representative.

  3. Substituted service: If personal service is not possible or the defendant is avoiding service, the court may allow substituted service. This involves delivering the summons to an adult family member or employee at the defendant’s residence or place of business. The court may also allow service through registered post or newspaper publication in certain cases.

  4. Affidavit of service: After the service of summons is completed, the authorized person must file an affidavit of service in court. This affidavit confirms that the summons has been duly served to the defendant as per the prescribed procedure.

  5. Acknowledgment of service: In some cases, the defendant may acknowledge the receipt of the summons voluntarily. In such instances, an acknowledgment of service is filed in court, which serves as evidence of the defendant’s awareness of the lawsuit.

  6. Time for appearance: The summons specifies the date and time when the defendant needs to appear in court. This could be for the first hearing or for the filing of a written statement or response to the lawsuit.

It’s important to note that the specific rules and procedures for the service of summons may vary depending on the nature of the case, the court where it is being heard, and any specific directions given by the court.

It is advisable to consult with a lawyer or legal professional to ensure compliance with the applicable rules and guidelines.

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