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

If only the plaintiff is present while the defendant is absent, an ex-parte order can be issued against the defendant. However, the plaintiff must provide evidence of the summons being served to the defendant.

Only if the service of the summons is proven, the court can proceed with an ex-parte judgment in favor of the plaintiff. This provision applies solely to the initial hearing and not subsequent ones, as established in the case of Sangram Singh v. Election Tribunal.

Even when passing an ex-parte order, it is the court’s responsibility to ensure that justice is served in the absence of the defendant.

In the case of Maya Devi v. Lalta Prasad, the Supreme Court emphasized that the court must verify the statements in the plaintiff’s claim and assess whether the requested prayers are justifiable.

This provision does not apply if there are multiple defendants and any of them appear in court.

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