How to file a Civil Suit in India?
August 13, 2022 हिंदी में पढ़ेंTable of Contents
In order to file a civil case or civil law suit, there is a detailed process laid down, if the process is not followed, then the registry has a right to dismiss the suit. The Procedure is as follows:
Connect with an expert lawyer for your legal issue
Filing of Suit/Plaint
Plaint is a written complaint or allegation. One who files it is known as "Plaintiff" and against whom it is filed is known as "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, by which the person/party filing the case authorizes the Advocate/Lawyer to represent on their behalf. However, a person/party filing a case, May also represent their own case personally in any court, and in this case, he does not need Vakalatnama"
On General Terms, a Vakalatnama may contain the below terms:
-
The client will not hold the Advocate responsible for any decision
-
The client will bear all the costs and/or expenses incurred during the proceedings
-
The advocate will have the right to retain the documents unless complete fees are paid
-
The client is free to disengage the Advocate at any stage of the Proceedings
-
The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of the client
Consult: Top Civil Lawyers in India
Filing the Suit
Filing of plaint before Chief Ministerial Officer (Sherestedar)–paying appropriate court fee & process fees, 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 thinks there are merits in the case, it will issue notice to the opposite party, 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:
-
File requisite amount of procedure - fee in the court.
-
File 2 copies of plaint for each defendant in court.
-
Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post.
-
Such filing should be done within 7 days, from the date of order/notice.
Filing Written Statement
When the notice has been issued to the respondent, he is required to appear on the date specified in the notice. Before such date, the respondent is required to record his written statement i.e. his barrier against the claim raised by the offended party, within 30 days from the date of administration of notice, or inside such time as given by the court. The written statement should specifically deny the allegations, which the defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.
The written statement should also contain verification from Defendant, stating that, the contents of the written statement are true and correct. The time period of 30 days, for filing a Written Statement, but after seeking permission from the court it can be extended to 90 days.
Replication by Plaintiff
Replication is a reply, filed by the plaintiff, against the "written statement" of Defendant and it should also specifically deny the allegations raised by Defendant in the written statement. Anything which is not denied is deemed to be accepted. Once Replication is filed, pleadings are stated to be complete.
Filing of Other Documents
Once, the pleadings are complete, and then both the parties are given the opportunity to produce and file documents, on which they rely, and to substantiate their claims. Filing of Documents should be admitted and taken on record. In brief, the procedure is as follows:
-
Documents filed by one party may or may not be admitted by the opposite party
-
In case documents are denied by the opposite party, then they can be admitted by the witness presented by party whose documents are denied
-
Once the document has been admitted it shall form a part of the record of the court, and all the details of suit such as name of parties, title of suit, etc, shall be inscribed on the document
-
Documents, which are rejected i.e. not admitted, are returned to the respective parties.
-
It is necessary that the document should be filed in "original", and a spare copy should be given to the opposite party.
Framing of Issues
Issues are framed by the Court and on the basis of “Issues” arguments and examinations of witness takes place. Below are the key points:
-
Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues"
-
Issues may be of Fact or Law
-
At the time of passing the final order, the court will deal with each issue separately and will pass judgments on each issue
List of witness
-
All witnesses, the parties wish to produce, and to be examined, have to be presented before the court
-
Within 15 days from the date on which issues were framed or within such other period as the court may fix, both the parties to the suit will have to file a list of witnesses
-
The parties may either call the witness by themselves or can ask the court to send a summons to them
-
In case the court sends a summon to witness then the party which asked for such a witness has to deposit money ' with the Court for their expenses, which is known as "Diet Money"
-
Any witness, who does not appear before the court, if he is required by the court to do so, then the court may penalize him in terms of fine
-
Finally, on the date, the witness will be examined by both parties
-
Once, the Examination and Cross- Examination of the witness is over, and also the admission and denial of documents, then the court will fix a date for the final hearing.
Consult: Top Civil Lawyers in India
Final Hearing
On the final hearing day, the arguments will take place. The arguments should strictly be restricted to the issues framed. Before the final Arguments, the parties with the permission of the Court can amend their pleadings. 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 that it has no further remedy. Such party can further initiate the proceedings, by way of:
-
Appeal,
-
Reference, or
-
Review
Appeal - An appeal lies from any decree passed by the court. There are some technicalities and differences between these stated as follows:
-
Where the value of the suit does not exceed Rs. 10,000, an appeal can be filed only on a question of law
-
When a decree has been passed against the Defendant as "Ex-Parte" (i.e. without his appearance) no appeal is allowed
-
When an appeal is headed by two or more judges, then the majority decision will prevail
-
In case there is no majority, then the decree of the lower court shall be confirmed
-
If the number of judges in the court where an appeal is filed, is more than the number of judges hearing the appeal, and then if there is a disagreement on a point of law, such dispute can be referred to one or more judges
Procedure for Appeal from Original Decrees
The appeal has to be filed in the form prescribed, signed by the appellant, along with a true certified copy of the order. The appeal should contain the grounds of objection under distinct heads, and such grounds have to be numbered consecutively. If the appeal is against a decree for payment of money, the court may require the petitioner to deposit the disputed amount or provide any other security. A ground/objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of the court. Similarly, any point of the act which was not taken up y the Appellant, in the lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly
These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best
to make sure these guides are helpful, we do not give any guarantee that
they are accurate or appropriate to your situation, or take any
responsibility for any loss their use might cause you. Do not rely on
information provided here without seeking experienced legal advice first. If
in doubt, please always consult a lawyer.
The internet is not a lawyer and neither are you.
Talk
to a real lawyer about your legal issue.
Comments by Users
No Comments! Be the first one to comment.
Related Articles
- Police Clearance Certificate for passport if criminal case pending
- How to file a case through lok adalat?
- How can I convert the panchayat approved land to a DTCP or CMDA
- Case was dismissed due to non appearance can I restore the case
- someone sending the legal notice i have not accepted what will happpen
- How to file a complaint in National Green Tribunal (NGT)? | Civil Law Guide
- Separation of powers in administrative law in India
- OBC Non Creamy Layer Income Limit 2019 Criteria
- punishment for false affidavit
- I got show cause notice from passport office please advise what to do
- What is the validity of an agreement on Rs 10 stamp paper
- What is the basic difference between Section / Rule / Article /Act
- What is the procedure and grounds for filing defamation case
- Have received court challan what to do.
- Police verification for govt job
- How to File Writ Petition?
Civil Law Articles
User Reviews
4.6 - 15 reviews
nice artcile
very nice article
more info needed on the law
nice legal article.
thanks for the information
Nice one.
very good article. Can you tell me more about the law?
thanks for the legal advice
Nice piece on the subject.
learned all the basics about the legal issue. Good article. Keep it up.
Good work with the article.
excellent article. Very informative
good article. Please provide more info
Very helpful for my legal case.
thanks for the advice
VIEW ALL