Course Content
Suit
A civil suit is a legal action in civil court where one party (plaintiff) seeks a remedy or compensation from another party (defendant) for perceived harm or wrongdoing.
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What is the meaning of Civil Suit?
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What is the Zero Stage in a Civil Case?
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What are the Essentials things to know of Civil Case when we trying to learn the Civil Court Practice?
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Parties to the Civil Suit?
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Representative Capacity
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Role of Advocate
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What is Plaint?
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How to draft Plaint?
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Entire Claim Put forth in the Suit
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Institution of Suit?
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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.
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Documents required for Institution of Suit
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Jurisdiction of the Court
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Types of Jurisdiction of the Court
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Vakalatnama
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Power of Attorney
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Court Fees
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How to Calculate the Court Fees?
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Valuation of Suit
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How to Calculate the Valuation of Suit?
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Affidavit & When to Submit?
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Where to Institute the Suit?
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Reasons for Rejection of Plaint?
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What to do after rejection of Plaint?
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Summon
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.
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Meaning of Summon
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Issue of Summon
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Service of Summon
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Consequenses on failure of payment of service of summon
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What after Service of Summon?
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When summon is not served
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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.
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The appearance of parties to the suit
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Non-appearance of both parties to the suit
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The appearance of the plaintiff
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Appearance of defendant
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Does the same provision apply when the plaintiff does not appear due to death?
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Application to set aside the dismissal
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When summon is not served
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Ex parte appearance
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Civil Court Practice
About Lesson

Under Rule 1 of Order IX of the Code of Civil Procedure, the parties involved in the suit must attend the court on the specified day mentioned in the summons, either personally or through their legal representatives.

In case the plaintiff or defendant fails to appear without providing a valid reason, the court is authorized under Rule 12 of Order IX to take the following actions:

  • If the plaintiff fails to appear, the suit shall be dismissed.
  • If the defendant fails to appear, an ex-parte order will be issued.
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