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

Rules 2-5 of Order IX govern situations where the defendant is not served the summons. It is crucial for parties to have a fair opportunity to present their case, requiring mandatory service of summons.

If no service or insufficient time occurs, a decree cannot be passed, as in Begum Para v. Luiza Matilda Fernandes. Rule 2 also states that if the plaintiff fails to pay service costs, the suit may be dismissed.

However, if the defendant appears on the hearing day, dismissal is prevented. The plaintiff can file a fresh suit, and if there’s a valid reason for non-payment, the dismissal may be set aside.

Unsuccessful summons return allows dismissal after seven days. The court may issue a fresh summons if improper service is unproven. If the summons’ time is inadequate, the court can postpone the hearing, notifying the defendant.

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