PROCEDURE TO FILE A CIVIL SUIT
Updated: Nov 10, 2020
Barathkumar K M, III year B.B.A.,LL.B.(Hons.)
To file a civil suit, the procedure should be followed properly. If the procedure is not followed properly then the registry has the right to dismiss the suit. The procedure is as follows:
Plaint is a written complaint. The person who is filing the complaint is known as ‘plaintiff’ and against whom it is filed is known as ‘defendant’. The plaint should contain the following details:
1. The name of the court
2. The nature of the complaint
3. The name and address of both parties
4. The verification letter from the plaintiff, stating that the contents of the plaint are true and correct.
Vakalatnama is a written document, submitted by the advocate who is going to argue on behalf of the parties. If a person represents their case personally in any court and in that situation vakalatnama is not necessary. The vakalatnama should contain the following terms and conditions:
1. The advocate will not be held liable for any decisions taken by him/her during an investigation
2. The advocate can charge the requisite fees as well as the fees for the court proceedings.
3. The advocate will have the right to retain the documents unless the complete fees are paid.
4. The advocate can be detached at any time during the proceedings.
The client should pay the appropriate court fee and the process fees, the document fee will vary according to the different courts.
On the first day of the hearing, if the court thinks there are merits in the case then the court will send a notice to the opposite party and fix a date for the next hearing. After issuing the notice to the opposite party, the plaintiff supposed to do the following:
1. Pay the court fees
2. File 2 copies of plaint for each defendant in the court
3. The one copy will send to the opposite party by register/post/courier and another by ordinary post.
4. The filing should be done within 7 days from the date of order/notice.
1. When the notice has been issued to the defendant, he has to require recording his written statement i.e his barrier against the claim which was raised by the plaintiff. The written statement should be submitted in the court within 30 days from issuing the certificate.
2. The written statement should be acknowledged by the defendant, stating that the content is true and correct.
3. If the defendant needed some extension for submitting the written statement then he/she can seek permission from the court. The court can extend the submission up to 90 days.
Reapplication by plaintiff
After the defendant submitted the written statement, the plaintiff should file the reapplication against the written statement. The reapplication should especially deny the allegations raised by the defendant in the written statement.
Filing of document
After the pleading works are completed, both the plaintiff and the defendant have to file a document. The documents will be considered as one of the parts of the evidence in the court. The document must be filed in original and a copy of the document should be given to the opposite party.
The issues of the case will be framed by the court according to the arguments stated by the advocates and the examination of the witness. During the final order, the court will deal with each issue separately and will pass the judgment on each issue.
Once the issues were framed, the court asked the parties to make the list of witnesses. The parties can either ask the witness by themselves or can ask the court to send the summons to them. If a witness failed to appear in the court then he is held liable and has to pay the fine. Once the examination and cross-examination of the witness are over, then the court will fix a date for final hearing.
During the final hearing, the parties will make their arguments. Then the court will pass the judgment on the day of final hearing itself or on some other day which will be fixed by the court.
Copy of the order
After the judgment is passed the court will issue the copy of an order to the parties, having the seal and stamp of court.
These are the procedures to file a civil suit. If the judgment passed by the district court is against any of the parties or if the judgment is not satisfied by anyone the parties, then he/she has the right to appeal in the High Court, even the judgment passed by the High Court is not satisfied then the party has the right to appeal in the Supreme Court.