PROCEDURE TO FILE CIVIL SUIT-DECODED-BY CS ROHIT KUMAR

Introduction

There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the registry has a right to dismiss the suit.

1. Filing Of Suit/Plaint

2. How proceedings are conducted

3. Written statement

4. Replication by Plaintiff

5. Filing of other documents

6. Framing of issues

7. Final Hearing
8. Appeal, reference, review.

Filing of Suit/Plaint

1. In layman's language plaint is the written complaint/allegation.

2. One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant"

3. The plaint has to be filed within the time limit prescribed in the Limitation Act and should be typed copy, in double line space.

4. Name of the Court, Nature of Complaint, Names and Addresses of parties to suit has to be clearly mentioned.

5. Plaint should also contain verification from plaintiff, stating that, contents of the plaint are true and correct.

How Proceedings Are Conducted

1. On the first day of hearing, if the court thinks there are merits in the case, it will issue a notice to the opposite party, to submit their arguments and fix a date.

2. On issuance of notice to the opposite party, the plaintiff is required to do the following:

A. File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post.

B. Such filing should be done within 7 days, from date of order/notice

Written Statement

1. When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.

2. Before such date, the defendant is required to file his "written statement", i.e. his defense against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by the court.

3. The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.

4. The written statement should also contain verification from the Defendant, stating that, the contents of written statement is true and correct.

The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.

Replication By Plaintiff

1. "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.

2. Replication should also specifically, deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted.

3. Replication should also contain, a " verification" from the plaintiff, stating that contents of "Replication" is true and correct.

Once Replication is filed, pleadings are stated to be complete.

Framing of Issues/List of Witness

1. "ISSUES" are framed by the court, on the basis of which arguments and examination of witnesses take place.

2. Issues are framed, keeping in view the disputes in the suit and the parties are not allowed to go outside the purview of "Issues".

3. Issues may be of A) Fact or B) Law.

4. While passing the final order, the court will deal with each issue separately, and pass judgment on each issue.

Final Hearing

1. On the day fixed for final hearing, the arguments shall take place.

2. The arguments should strictly be confined to the issues framed.

3. Before the final Arguments, the parties with the permission of Court, can amend their pleadings.

4. Whatever is not contained in the pleadings, the court may refuse to listen.

5. Finally, the court shall pass a "final Order", either on the day of hearing itself or some other day fixed by the court.

CERTIFIED COPY OF ORDER

1. Certified copy of order means a final order of the court, and having the seal and stamp of court.

2. Certified copy of the order is useful, in case of execution of the order, or in case of Appeal.

3. A certified copy can be applied by making an application to the Registry of concerned Court, along with nominal fees for the order.

4. In case of an "urgent requirement, some additional amount has to be deposited."Urgent order" can be obtained within a week, and the normal might take 15 days.

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:

1. Appeal,

2. Reference, or

3. Review.