There is an in-depth procedure in the Code of Civil Procedure, for filing a civil case. However, if the procedure is not followed, then the “registry” has a right to dismiss the suit. So it is very important to follow the court procedure for filing a civil suit.
The procedure for filing a suit is as follows:
The first step to file a suit is to file a plaint. A plaint is a written complaint or we can say allegation. The party who files is known as “plaintiff” and the party against whom it is filed is known as “Defendant”.
A Plaint Contains:
- The court name
- Name and Addresses of both parties
- Subject (a brief statement stating the sections and orders under which the jurisdiction of the court is evoked)
- Main Content or submissions made by the plaintiff
- Verification from litigant stating that the contents of the plaint are true and proper.
Vakalatnama means a written document, by which the parties to the suit authorizes an Advocate to represent them before the Hon’ble Court. But if the party wants to represent his case then they need not file a Vakalatnama.
Terms And Conditions That A Vakalatnama May Contain Bellow Terms:
- The client won’t hold the Advocate accountable for any call
- The client can bear all the prices and/expenses incurred throughout the proceedings
- The advocate can have the right to retain the documents unless complete fees area unit paid
- The client is liberated to disengage the Advocate at any stage of the Proceedings
- The Advocate shall have all the proper to require choices on his own within the court of Law, throughout the hearing, to the best interest of the client
For Filing of plaint before Chief Ministerial Officer [Sherestedar)–has to pay appropriate court fee & process fees, different amount of court fees is paid for a different type of documents.
Some of them are as follows:
- In case of plaint/written statement – Rs. 10 if the worth of the suit exceeds Rs. 5,000/- up to 10,000/-
- In case of the plaint filed during a suit for possession – Rs. 5
- On a copy of a Decree or order – 50
How Proceedings Are Conducted?
On the first day of the hearing, if the court thinks there are merits in the case, then the court will issue a notice to the opposite party, to submit their arguments, and fix a date. When the notice is issued to the alternative party, the plaintiff is needed to do the following:
- He will File a requisite amount of procedure – fee in the court.
- He will File 2 copies of plaint for each defendant in the court.
- Of, the two copies for every defendant, one shall be sent by Register/post/courier, and one by Ordinary post.
- Such filing ought to be done among seven days, from date of order/notice
Written Statement by Defendant:
Once the notice has been issued to the litigator, he is required to appear on the date mentioned in the notice. before showing on the date, the litigator is needed to file his “written statement” i.e., his defense against the allegation raised by the plaintiff.
- The written statement ought to be filed among thirty days from the date of service of notice,.
- The maximum amount that may be extended for filing of Written Statement is ninety days, after seeking permission of the court.
- The written statement ought to specifically deny the allegations, that per litigator is wrong and false. Any allegation, not specifically denied, is deemed to be admitted.
- The written statement ought to additionally contain verification from the litigator, stating that, the content of the Written Statement is true and correct.
Replication by Plaintiff:
The next step for the plaintiff, once the Written Statement is filed by the Defendant, then he will file a replication. Replication is a reply against the written statement, filed by the Plaintiff. The defenses created by the litigator in the written statement is to be specifically denied by the litigant in Replication. Anything that isn’t denied is deemed to be accepted. Once the Replication is filed, the pleadings are stated to be complete.
Filing of Other Documents:
When the pleadings will be completed then both the parties have filed their submissions, both the parties are given an opportunity to produce and file documents that are substantial to their claims. The procedure for filing different documents area unit as follows:
- There may be a situation where documents filed by one party is admitted by the opposite party.
- There can be another situation where the documents filed are denied by the opposite party. In that case it can be admitted by the witness produced by the party whose documents are denied.
- Once the documents are admitted, it shall be taken on record and all the details of the suit shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.
- It is mandatory that any document which is filed by the parties must be “original” and a copy of such document shall be provided to the opposite party.
- Any document which is not filed or produced cannot be relied on during final arguments.
Framing of Issues:
- The next step of the court is to frame the issue and issue shall be framed by the court on the basis of arguments and produced documents Issues are framed, keeping in view the disputes within the suit, and also the parties don’t seem to be allowed to travel outside the horizon of ‘Issues”.
- Issues framed may be on Fact or of Law.
- During the passing of the final order, the court shall deal with each issue separately and will pass judgments on each issue.
List of Witness:
- If the parties want to produce witnesses and examine then the parties should present them within 15 days before the court from the date on which issues are framed.
- The parties can call the witnesses either by themselves or the court can call them the same by sending summons to witnesses.
- In case of summons are issued by the court, then the party who asked for such a presence of a witness has to deposit money with the court for their expenses. This money deposited is known as “Diet Money”.
- On the date of hearing, the witnesses produced before the court will be examined by both the parties, and once the cross-examination is over, then the court will fix a date for final hearing.
- On the day of the final hearing, the court will listen to their arguments which should be strictly confined to the issues framed.
- After hearing the ultimate arguments of each of the parties, the court shall pass a “final order”, either on the day of final hearing itself or on some other day fixed by the Court.
- However, before the ultimate arguments, the parties to the suit will amend their pleadings with the permission of the court.