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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
The procedure for filing a civil suit is as follows:
The first step to initiate a suit is to file a plaint. A plaint is a written complaint or allegation. The party who files it is known as “plaintiff” and the party against whom it is filed is known as “Defendant”.
A Plaint contains:
Name of the CourtName and Addresses of the parties between whom the dispute aroseSubject (a brief statement telling about the sections and orders under which the jurisdiction of the court is evoked)Main Content or submissions made by plaintiffVerification from plaintiff stating that the contents of the plaint are true and correct.
Vakalatnama
Vakalatnama is a written document, by which the parties to the suit authorises an Advocate to represent them before the Hon’ble Court. However, if the party is personally representing its own case, then they need not file a Vakalatnama.
Some of the General Terms and Conditions that a Vakalatnama may contain:
That the client will not hold the Advocate responsible for any decision That the client has to bear all the cost and expenses incurred during the proceedingsThat the advocate will have a right to retain the documents, unless complete fees is paidThat the client is free to disengage the Advocate already appointed, at any stage of the ProceedingThat the advocate shall have all the rights, to take decisions on his own during the hearing in the court of Law, in the best interest of his client.
Filing of Plaint
Next step is filing of the plaint before Chief Ministerial Officer (Sherestedar) at the filing counter, along with appropriate court fee and process fee(For different types of documents, a person has to pay different amount of Court fees.)
Court Fees
Court fees is a nominal percentage of the total value of the claim or the value of the suit. The requisite amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the “Court Fees Stamp Act”.
Some of them are as follows:
In case of plaint/written statement – Rs. 10 if the value of the suit exceed Rs. 5,000/- upto 10,000/-In case of plaint filed in a suit for possession – Rs. 5On a copy of a Decree or order – 50 paise
Court fees as per value of the Suit
If the value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-If the value of the suit exceeds Rs. 3,00,000-3,05,000 – Rs. 2450/-If the value of the suit exceeds Rs. 4,00,000-4,05,000 – Rs. 2950/-
How proceedings are conducted
Hearing
If on the first day of hearing, the court thinks that there is merit in the case, it will issue a notice to the opposite party, calling upon him to submit their arguments on a date fixed by the court.
After the notice is issued the plaintiff is required to do the following:
File requisite amount of procedure-fee in the court.File 2 copies of plaint for each defendant in the courtOf the 2 copies filed for each defendant, one copy shall be sent by Speed post/Courier/Regd. A.D. and the other copy shall be sent by Ordinary Post.Such filing should be done within a period of seven days from the date of order/notice.
Written Statement by Defendant
Once the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice. However, before appearing on the date, the defendant is required to file his “written statement” i.e., his defence against the allegation raised by the plaintiff.The written statement should be filed within 30 days from the date of service of notice, or within such time as given by the court.The maximum period that can be extended for filing of Written Statement is 90 days, after seeking permission of the court.The written statement should specifically deny the allegations, which according to defendant is wrong and false. Any allegation, not specifically denied, is deemed to be admitted.The written statement should also contain a verification from the Defendant, stating that, the content of the Written Statement are true and correct.
Replication by Plaintiff
The next step for plaintiff, once the Written Statement is filed by the Defendant, is to file a replication. Replication is a reply against the written statement, filed by the Plaintiff. The defences made by the Defendant in written statement is to be specifically denied by the Plaintiff in Replication. Anything which is not denied is deemed to be accepted.
Once the Replication is filed, the pleadings are stated to be complete.
Filing of Other Documents
After pleadings are completed and both the parties have filed their submissions, both the parties are given an opportunity to produce and file documents that are substantial to their claims. The procedure for filing other documents are as follows:
There may be a situation where documents filed by one party is admitted by the opposite party.There can be another situation where the documents filed are denied by the opposite party. In that case it can be admitted by the witness produced by the party whose documents are denied.Once the documents are admitted, it shall be taken on record and all the details of suit shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.It is mandatory that any document which is filed by the parties must be “original” and a copy of such document shall be provided to the opposite party.Any document which is not filed or produced cannot be relied on during final arguments.
Framing of Issues
The next stage in a civil proceeding is Framing of Issues. Issues are framed by the court on the basis of which arguments and examination of witnesses takes place.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 framed may be of Fact or of Law.At the time of passing final order, the court will deal with each issue separately, and will pass judgements on each issue.
List of Witness/Cross Examination
All the witnesses that the parties wish to produce, and examined, have to be presented before the court within 15 days from the date on which issues are framed or within such other period as the court may fix.Both the parties to the suit have to file a list of witnesses.The parties may either call the witnesses by themselves, or the court can ask the same by sending summons to witnesses.In case summons are issued by the court, then the party who asked for such presence of a witness, has to deposit money with the court for their expenses. This money deposited is known as “Diet Money”.On the date of hearing, the witnesses produced before the court will be examined by both the parties and once the cross examination is over at this stage the court will fix a date for final hearing.
Final Hearing
On the day of final hearing, the arguments takes place which should be strictly confined to the issues framed.After hearing the final arguments of both the parties, the court shall pass a “final order”, either on the day of final hearing itself or on some other day fixed by the Court.
However, before the final arguments, the parties to the suit can amend their pleadings with the permission of the court.
Thank You
If you found this helpful, do rate us.
The procedure for filing a civil suit is as follows:
The first step to initiate a suit is to file a plaint. A plaint is a written complaint or allegation. The party who files it is known as “plaintiff” and the party against whom it is filed is known as “Defendant”.
A Plaint contains:
Name of the CourtName and Addresses of the parties between whom the dispute aroseSubject (a brief statement telling about the sections and orders under which the jurisdiction of the court is evoked)Main Content or submissions made by plaintiffVerification from plaintiff stating that the contents of the plaint are true and correct.
Vakalatnama
Vakalatnama is a written document, by which the parties to the suit authorises an Advocate to represent them before the Hon’ble Court. However, if the party is personally representing its own case, then they need not file a Vakalatnama.
Some of the General Terms and Conditions that a Vakalatnama may contain:
That the client will not hold the Advocate responsible for any decision That the client has to bear all the cost and expenses incurred during the proceedingsThat the advocate will have a right to retain the documents, unless complete fees is paidThat the client is free to disengage the Advocate already appointed, at any stage of the ProceedingThat the advocate shall have all the rights, to take decisions on his own during the hearing in the court of Law, in the best interest of his client.
Filing of Plaint
Next step is filing of the plaint before Chief Ministerial Officer (Sherestedar) at the filing counter, along with appropriate court fee and process fee(For different types of documents, a person has to pay different amount of Court fees.)
Court Fees
Court fees is a nominal percentage of the total value of the claim or the value of the suit. The requisite amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the “Court Fees Stamp Act”.
Some of them are as follows:
In case of plaint/written statement – Rs. 10 if the value of the suit exceed Rs. 5,000/- upto 10,000/-In case of plaint filed in a suit for possession – Rs. 5On a copy of a Decree or order – 50 paise
Court fees as per value of the Suit
If the value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-If the value of the suit exceeds Rs. 3,00,000-3,05,000 – Rs. 2450/-If the value of the suit exceeds Rs. 4,00,000-4,05,000 – Rs. 2950/-
How proceedings are conducted
Hearing
If on the first day of hearing, the court thinks that there is merit in the case, it will issue a notice to the opposite party, calling upon him to submit their arguments on a date fixed by the court.
After the notice is issued the plaintiff is required to do the following:
File requisite amount of procedure-fee in the court.File 2 copies of plaint for each defendant in the courtOf the 2 copies filed for each defendant, one copy shall be sent by Speed post/Courier/Regd. A.D. and the other copy shall be sent by Ordinary Post.Such filing should be done within a period of seven days from the date of order/notice.
Written Statement by Defendant
Once the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice. However, before appearing on the date, the defendant is required to file his “written statement” i.e., his defence against the allegation raised by the plaintiff.The written statement should be filed within 30 days from the date of service of notice, or within such time as given by the court.The maximum period that can be extended for filing of Written Statement is 90 days, after seeking permission of the court.The written statement should specifically deny the allegations, which according to defendant is wrong and false. Any allegation, not specifically denied, is deemed to be admitted.The written statement should also contain a verification from the Defendant, stating that, the content of the Written Statement are true and correct.
Replication by Plaintiff
The next step for plaintiff, once the Written Statement is filed by the Defendant, is to file a replication. Replication is a reply against the written statement, filed by the Plaintiff. The defences made by the Defendant in written statement is to be specifically denied by the Plaintiff in Replication. Anything which is not denied is deemed to be accepted.
Once the Replication is filed, the pleadings are stated to be complete.
Filing of Other Documents
After pleadings are completed and both the parties have filed their submissions, both the parties are given an opportunity to produce and file documents that are substantial to their claims. The procedure for filing other documents are as follows:
There may be a situation where documents filed by one party is admitted by the opposite party.There can be another situation where the documents filed are denied by the opposite party. In that case it can be admitted by the witness produced by the party whose documents are denied.Once the documents are admitted, it shall be taken on record and all the details of suit shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.It is mandatory that any document which is filed by the parties must be “original” and a copy of such document shall be provided to the opposite party.Any document which is not filed or produced cannot be relied on during final arguments.
Framing of Issues
The next stage in a civil proceeding is Framing of Issues. Issues are framed by the court on the basis of which arguments and examination of witnesses takes place.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 framed may be of Fact or of Law.At the time of passing final order, the court will deal with each issue separately, and will pass judgements on each issue.
List of Witness/Cross Examination
All the witnesses that the parties wish to produce, and examined, have to be presented before the court within 15 days from the date on which issues are framed or within such other period as the court may fix.Both the parties to the suit have to file a list of witnesses.The parties may either call the witnesses by themselves, or the court can ask the same by sending summons to witnesses.In case summons are issued by the court, then the party who asked for such presence of a witness, has to deposit money with the court for their expenses. This money deposited is known as “Diet Money”.On the date of hearing, the witnesses produced before the court will be examined by both the parties and once the cross examination is over at this stage the court will fix a date for final hearing.
Final Hearing
On the day of final hearing, the arguments takes place which should be strictly confined to the issues framed.After hearing the final arguments of both the parties, the court shall pass a “final order”, either on the day of final hearing itself or on some other day fixed by the Court.
However, before the final arguments, the parties to the suit can amend their pleadings with the permission of the court.
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A.Hi,
For filing 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:
Filing of Suit/Plaint - Plaint is the 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 Complaint, Names and Address of parties to be suit, it also contain verification from plaintiff, stating that, contents of the plaint are true and correct
Vakalatnama- Vakalatnama is a written document, by which the person/party filing the case authorises 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 do not need Vakalatnama"
On General Terms, a Vakalatnama may contain below terms:
The client will not hold the Advocate responsible for any decision
The client will bear all the costs and/expenses incurred during the proceedings
The advocate will have 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 client
Filing -Filing of plaint before Chief Ministerial Officer [Sherestedar)–paying appropriate court fee & process fees,different amount of court fees is paid for different type of documents.
Hearing: How Proceedings are conducted - On the first day of 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 the 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 date of order/notice.
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 offended party, inside 30 days from date of administration of notice, or inside such time as given by court
The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted
The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct
The time period of 30 days, for filing a Written Statement, but after seeking permission of 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 the Defendant in 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 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 opposite party
In case documents are denied by 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 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 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 final order, the court will deal with each issue separately, and will pass judgements on each issue
List of witness -
All witness, the parties wish to produce, and to be examined, has 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 file a list of witness
The parties may either call the witness by themselves, or can ask the court to send summons to them
In case court send summons to witness then the party which asked for such witness has to deposit money ' with the Court for their expenses, is known as "Diet Money"
Any witness, who is not appeared before the court, if he is required by the court to do so, then the court may penalize in terms of fine
Finally on the date, the witness will be examined by both the parties
Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.
Final Hearing -
On 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 Court can amend their pleadings
The court may refuse to listen for anything which is not contained in the pleadings
Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day which will fixed by the court.
Certified copy of order- It is the final order of court, and having the seal and stamp of 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 difference between these stated as follows:
Where the value of 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 be prevailed
In case there is no majority, then the decree of lower court shall be confirmed
If number of judges in the court where 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 has 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 court
Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly
Thank You
If you found this helpful, do rate us.
For filing 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:
Filing of Suit/Plaint - Plaint is the 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 Complaint, Names and Address of parties to be suit, it also contain verification from plaintiff, stating that, contents of the plaint are true and correct
Vakalatnama- Vakalatnama is a written document, by which the person/party filing the case authorises 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 do not need Vakalatnama"
On General Terms, a Vakalatnama may contain below terms:
The client will not hold the Advocate responsible for any decision
The client will bear all the costs and/expenses incurred during the proceedings
The advocate will have 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 client
Filing -Filing of plaint before Chief Ministerial Officer [Sherestedar)–paying appropriate court fee & process fees,different amount of court fees is paid for different type of documents.
Hearing: How Proceedings are conducted - On the first day of 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 the 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 date of order/notice.
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 offended party, inside 30 days from date of administration of notice, or inside such time as given by court
The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted
The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct
The time period of 30 days, for filing a Written Statement, but after seeking permission of 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 the Defendant in 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 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 opposite party
In case documents are denied by 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 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 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 final order, the court will deal with each issue separately, and will pass judgements on each issue
List of witness -
All witness, the parties wish to produce, and to be examined, has 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 file a list of witness
The parties may either call the witness by themselves, or can ask the court to send summons to them
In case court send summons to witness then the party which asked for such witness has to deposit money ' with the Court for their expenses, is known as "Diet Money"
Any witness, who is not appeared before the court, if he is required by the court to do so, then the court may penalize in terms of fine
Finally on the date, the witness will be examined by both the parties
Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.
Final Hearing -
On 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 Court can amend their pleadings
The court may refuse to listen for anything which is not contained in the pleadings
Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day which will fixed by the court.
Certified copy of order- It is the final order of court, and having the seal and stamp of 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 difference between these stated as follows:
Where the value of 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 be prevailed
In case there is no majority, then the decree of lower court shall be confirmed
If number of judges in the court where 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 has 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 court
Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly
Thank You
If you found this helpful, do rate us.
Helpful
Helpful
Share
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