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

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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