How to file a Civil Suit in India?

Consult top-rated Civil lawyers in your city

641+ Lawyers are online

FIND MY LAWYER NOW

How to file a Civil Suit in India?

To file a civil case or civil law suit, there is an intricate process laid out which must be adhered to; otherwise, the registry has the right to dismiss your suit. Below is an outline of this procedure:
 

Filing of Suit/Plaint

A Plaint is a written complaint or an allegation. The party who files it is known as "Plaintiff" and the party against whom it is filed is known "Defendant". It contains Name of the Court, Nature of the Complaint, and Names, and Addresses of parties to be suited, it also contains verification from the plaintiff, stating that, contents of the plaint are true and correct. 
 

Signing Vakalatnama

Vakalatnama is a written document through which a person/party filing case authorizes an advocate/lawyer to represent them on their behalf in court proceedings. They may also choose to represent themselves directly in any court and in this case no vakalatnama is needed. The terms in a vakalatnama may include the following terms:

1. The client cannot hold the Advocate accountable for any decision

2. The client to bear all the costs or expenses related to the proceedings

3. The advocate reserves the right to retain documents of the client until all fees have been settled in full

4. At any stage of the proceedings, clients have the right to disengage the Advocate at any time

5. The advocate, once appointed, will have full rights to make decisions in their client's best interest during hearings in Court

Consult top-rated Civil lawyers in your city

641+ Lawyers are online

FIND MY LAWYER NOW

Filing the Suit

Filing of plaint before Chief Ministerial Officer (Sheristedar)- paying appropriate Process fee and court fee, different amount of court fees is paid for a different type of documents.
 

Hearing in the Matter

How Proceedings are conducted - On the first day of the hearing, if the court believes there are merits in the case, it will issue notice to the opposite party, ordering them to submit their arguments, and fix a date. When the notice is issued to the opposite party, the plaintiff is needed to do the following:

1. File requisite amount of procedure - fee in the court.

2. Each defendant shall file two copies of the plaint in court.

3. one shall be sent via Register/post/courier and another by ordinary post.

4. Such filing should take place within seven days from the date of order/notice.
    

Filing Written Statement

Once a notice has been issues to the respondent, he is required to appear on the specified date and time as per the notice and record their written statement or submission prior to such date. Within thirty days from receiving notice from an offended party or within such time as may be given by the court, defendants should submit written statements disputing allegations they believe to be unfounded. Their written response must specifically deny these assertions as untrue. Any allegation not explicitly denied should be assumed as admitted in your written statement. The written statement should also contain verification from Defendant that all contents of their written statement are accurate and true. The time period for submitting the written statement is 30 days but this period can be extended up to 90 days with court's approval. 

Replication by Plaintiff- Replication is filed by the plaintiff and is a reply against the written statement of Defendant and it should also specifically deny the allegations raised by Defendant in the written statement. Anything not denied is deemed accepted, and once Replication has been filed, the pleadings are considered complete. After filing of other Documents and the completion of the pleadings, both parties will have an opportunity to produce and file documents which support their claims as evidence in support of them. All filing of documents should be admitted and taken on record. In brief, the procedure is as follows:

1. Documents filed by either party may or may not be admitted by the opposing side.

2. If denied by either side, witnesses for the party, whose documents are denied, may present them in order to support their admission into evidence.

3. Once documents are accepted by the court, they become part of their record, listing details such as name of parties, title of suit etc. to form part of its record. Any rejected documents are returned back to concerned parties for disposal.

4. Documents should always be filed in their "original form", while a spare copy should be given to both parties involved.

Framing of Issues

Courts frames the issues for hearings and on the basis of these issues arguments and examination of witnesses take place. Here are the key points:

• Issues are framed with regard to disputes within the suit, and the parties not allowed to go outside the purview of the Issues

• This could include matters either concerning fact or law.

• At the time of passing its final order, the court will address each issue individually and issue judgment on each matter.

Consult top-rated Civil lawyers in your city

641+ Lawyers are online

FIND MY LAWYER NOW

List of witness

1. All witnesses that either party wishes to produce and examine are to be presented before the court for examination.

2. Within 15 days from the date on which issues were raised or within any other timeframe set by the court, both parties to the suit must file a list of witnesses for court consideration.

3. Parties have the option of calling witnesses themselves or having the court issue an order summoning them.

4. If a witness is summoned by the court, then their party must deposit money with the Court for expenses as part of what's known as "Diet Money".

5. Any witness, when required by the court to appear before them, who fails to do so without explanation may face be penalized by the court.

6. On the date, both parties will conduct cross-examination of the witness.

7. Once all witness examination and cross-examination sessions, document submission, admission/denial decisions, etc have concluded, then the court will schedule the final hearing date.
    

Final Hearing

On the day of the final hearing, the arguments take place. The arguments are strictly restricted to the issues framed. Before the final Arguments, the parties can amend their pleadings with the permission of the Court. The court may refuse to listen to anything which is not contained in the pleadings. Finally, the court will pass a final Order, either on the day of the hearing itself, or some other day which will be fixed by the court.
 

Obtaining a Certified copy of the order

It is the final order of the court and has the seal and stamp of the court. It is useful, in case of Appeal or in case of execution of the order.
 

Appeal, Reference, and Review

When an order is passed against a party to the suit, it is not the end of the rights of the party. Such party can initiate further proceedings, by way of:

1. Appeal,

2. Reference, or

3. Review

Appeal - An appeal lies from any decree passed by the court. There are some technicalities and differences between these stated as follows:

1. Where the value of the suit does not exceed Rs. 10,000, an appeal can be filed based on question of law.

2. Once a decree has been passed against a defendant ex parte (that is without their presence at court), no appeal may be allowed against that ruling.

3. When an appeal is heard by two or more judges, then the majority decision will prevail.

4. In case there is no majority, then the decree of the lower court shall be upheld.

5. If there is a disagreement on a point of law between judges hearing an appeal and those in charge, such as when filing an appeal in one or more courts, such disputes can be brought before one or more additional judges to settle.
    

Consult top-rated Civil lawyers in your city

641+ Lawyers are online

FIND MY LAWYER NOW

Procedure for Appeal from Original Decrees

The appeal has to be filed in the prescribed form and should be signed by the appellant. The appeal must be filed along with a true certified copy of the court order. The appeal should, under distincts heads, contain the grounds of objection, which should be numbered consecutively. If the appeal is filed against a decree for payment of money, the court may order them to deposit or provide security for the amount due. Any objection not raised in their appeal cannot be brought up for arguments without the permission of the court and any point not raised by them in lower courts cannot be raised again here either; appeal lies only against decisions that have been decided correctly or wrongly by them. 

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP