Civil Suit in India: Steps involved in the procedure for filing a Civil Suit
For filing a civil case or civil lawsuit, the Procedure is as follows:
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Filing of Suit/Plaint:
Plaint is a written complaint or an allegation. One who files it is known as the “Plaintiff” and against whom it is filed is known as the “Defendant”. It contains the following details:
- Name of the Court,
- Nature of Complaint,
- Names and Address of parties to suit,
- verification from the plaintiff, stating that contents of the plaint are true and correct.
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Vakalatnama:
Vakalatnama is a written document, via which the person/party filing the case authorizes the Advocate/Lawyer to represent him. Also, person/party filing a case may represent their own case personally in any court and in such case, he does not need a Vakalatnama”
On General Terms, a Vakalatnama may contain the below terms:
- The Advocate will not be responsible for any decision of the court
- All the costs and/expenses incurred during the proceedings will not be held by Advocate.
- The advocate can retain the documents, unless complete fees are paid, etc.
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Filing:
Filing of plaint before Chief Ministerial Office and paying appropriate court fee and processing fees for the different type of documents.
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Hearing:
On the very first day of the hearing, if the court thinks there are merits in the case, it will issue a notice to the opposite party, to submit their arguments. Also, it will fix a date of hearing.
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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 which should specifically deny the allegations, which defendant thinks are false else, such allegations would be deemed to be admitted.
- The written statement also have contained verification from the Defendant, stating that, the contents of the written statement are true and correct
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Replication by Plaintiff:
Replication is a reply which has to be filed by the plaintiff that shall be against the “written statement” filed by the Defendant and it should also specifically deny the allegations raised by the Defendant in that statement. With the filing of the replication, pleadings are considered to be complete.
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Filing of Other Documents:
Once these pleadings are finished both the parties to the case are provided an opportunity to produce and file documents, on which they rely, and to substantiate their respective claims. Filing of Documents should be admitted and taken on record. In brief, the procedure is as follows:
- Documents filed by 1 party may or may not be accepted by the opposite,
- If it is denied, then admission can be made by the witness presented by a party whose documents are denied
- If it is admitted, it shall form a part of the record of the court, and all the details of the suit such as the name of parties, the 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 document should be filed in “original”, and a spare copy should be given to the opposite party.
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The framing of Issues:
Issues are framed by the Court and on the basis of “Issues” arguments and examinations of witnesses takes place.
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List of witness:
- All witnesses, the parties wish to produce, and to be examined, has to be presented before the court
- Also, the witness will be examined by both the parties.
- After this, the court will fix a date for the final hearing.
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Final Hearing:
On the final hearing day, the arguments will take place which is restricted to the issues framed.
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Certified copy of order:
It is the final order of the court and having the seal and stamp of court. It is useful, in case of Appeal or in case of execution of the order.
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