- Date 24 Dec 2020
- Category Civil Law
ABOUT THIS PROJECT
For filing a civil case or civil law suit, there’s an in depth process laid down, if the method isn’t followed, then the registry features a right to dismiss the suit. The Procedure is as follows:
Filing of Suit/Plaint – Plaint is that the written complaint or allegation. One who files it’s referred to as “Plaintiff” and against whom it’s filed is understood 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 proper
Vakalatnama- Vakalatnama may be a 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, can also represent their own case personally in any court and during this case he don’t need Vakalatnama”
On General Terms, a Vakalatnama may contain below terms:
The client won’t hold the Advocate liable for any decision
The client will bear all the prices and/expenses incurred during the proceedings
The advocate will have right to retain the documents, unless complete fees are paid
The client is liberal to disengage the Advocate at any stage of the Proceedings
The Advocate shall have all the proper to require decisions on his own within the court of Law, during the hearing, to the simplest interest of client
Filing -Filing of plaint before Chief Ministerial Officer [Sherestedar)–paying appropriate court fee & process fees,different amount of court fees is purchased different sort of documents.
Hearing: How Proceedings are conducted – On the primary day of hearing, if the court thinks there are merits within the case, it’ll issue notice to the other party, to submit their arguments, and fix a date. When the notice is issued to the other party, the plaintiff is required to try to to the following:
File requisite amount of procedure – fee within the court.
File 2 copies of plaint for every defendant within the court.
Of, the two copies for every 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’s required to seem on the date laid out 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 proper
The period of time of 30 days, for filing a Written Statement, but after seeking permission of the court it are often extended to 90 days
Replication by Plaintiff – Replication may be 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 isn’t 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, then both the parties are given opportunity to supply and file documents, on which they rely, and to substantiate their claims. Filing of Documents should be admitted and brought on record. in short the procedure is as follows:
Documents filed by one party may or might not be admitted by opposite party
In case documents are denied by opposite party, then they will be admitted by the witness presented by party whose documents are denied
Once the document has been admitted it shall form a neighborhood of the record of court, and every one the small print of suit like 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 tend to the other party.
Framing of Issues – Issues are framed by the Court and on the idea of “Issues” arguments and examinations of witness takes place. Below are the key points:
Issues are framed, keeping in sight the disputes within the suit, and therefore the parties aren’t allowed to travel outside the purview of “Issues”
Issues could also be of: Fact or Law
At the time of passing final order, the court will affect each issue separately, and can pass judgements on each issue
List of witness –
All witness, the parties wish to supply , and to be examined, has got to be presented before the court
Within 15 days from the date on which issues were framed or within such other period because the court may fix, both the parties to the suit will have file an inventory 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 got to deposit money ‘ with the Court for his or her expenses, is understood as “Diet Money”
Any witness, who isn’t appeared before the court, if he’s required by the court to try to to so, then the court may penalize in terms of fine
Finally on the date, the witness are going to 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 happen
The arguments should strictly be restricted to the problems framed
Before the ultimate Arguments, the parties with the permission of Court can amend their pleadings
The court may refuse to concentrate for love or money which isn’t contained within the pleadings
Finally, the court will pass a “final Order”, either on the day of hearing itself, or another day which can fixed by the court.
Certified copy of order- it’s the ultimate order of court, and having the seal and stamp of court. it’s useful, just in case “> just in case of Appeal or in case of execution of the order.
Appeal, Reference and Review – When an order is passed against a celebration to the suit, it’s not that it’s no further remedy. Such party can further initiate the proceedings, by way of:
Appeal – An appeal lies from any decree gone by the court. There are some technicalities and difference between these stated as follows:
Where the worth of suit doesn’t exceed Rs. 10,000, an appeal are often filed only on an issue 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 bulk decision are going to be prevailed
In case there’s no majority, then the decree of inferior court shall be confirmed
If number of judges within the court where appeal is filed, is quite the amount of judges hearing the appeal, then if there’s a disagreement on some extent of law, such dispute are often mentioned one or more judges
Procedure for appeal from original decrees
The appeal has got to be filed within the form prescribed, signed by the appellant, along side a real certified copy of the order
The appeal should contain the grounds of objection under distinct heads, and such grounds has got to be numbered consecutively
If the appeal is against a decree for payment of cash , the court may require the petitioner to deposit the disputed amount or provide the other security
A ground/objection which has not been mentioned within the appeal, can’t be haunted for arguments, without the permission of court
Similarly any point of act which wasn’t haunted y the Appellant, in inferior court , can’t be haunted in appeal lies only against only those points which are decided by the court rightly or wrongly