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:
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:
Written Statement -
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:
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:
List of witness -
Final Hearing -
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 - An appeal lies from any decree passed by the court. There are some technicalities and difference between these stated as follows:
Procedure for appeal from original decrees
Rituraj Singh Chauhan