The civil justice system is premised on adversarial proceedings, where no party is ordinarily denied the opportunity of participating in the process. Each party is provided an opportunity to present its case, to refute the claims made by the opposite party with pleadings, evidence and legal arguments, in order to ensure a just outcome.
At the time of institution of any suit, which under the Civil Procedure Code 1908 (CPC) is through a plaint under Section 26 read with Order 7 Rule 1, the Court will issue summons to the defendant to: first, provide the defendant with sufficient notice that a suit has been filed against them, and second, to provide the defendant with an opportunity to appear in court and defend their position in respect of the claims made in the plaint.
Source: Barandbench
