dhananjay rtc 31 December 2021

Process of civil case in india

Civil law in India is guided under the Civil Procedure Code. The exact process is per the Section, Order, and Rule prescribed under the Civil Procedure Code. There is a stepwise procedure in the matter of civil law proceedings.

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Anaita Vas 31 December 2021

There is a detailed process laid down in Code of Civil Procedure, for filing a civil case. However, if the process is not followed, then the “registry” has a right to dismiss the suit. “Registry here means an office which every court have which provides the information about any court matter and court forms”.

The procedure for filing a civil suit is as follows:

Filing of Suit/Plaint

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 Court
Name and Addresses of the parties between whom the dispute arose
Subject (a brief statement telling about the sections and orders under which the jurisdiction of the court is evoked)
Main Content or submissions made by plaintiff
Verification 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 proceedings
That the advocate will have a right to retain the documents, unless complete fees is paid
That the client is free to disengage the Advocate already appointed, at any stage of the Proceeding
That 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”.

Regards,

Anaita Vas