Suit /Case filling procedure in India
Suite / Case Filling Procedure
There is a detailed procedure set out for filing a lawsuit in court. If the procedure is not followed, then the register has the right to destroy the suit
1. The procedure is as follows:
2. Suite / Porch Filling
4. Court Fees
5. How activities are carried out
6. Written statement
7. Repeated by Plaintiff
8. Filing of Other Documents
9. Name of Witness / Witness List
10. Final hearing
12. The appeal, Appeal, and Review
1. In layman's language, the identifier is a written complaint/complaint.
2. The person who files it is known as "Plaintiff" and its name is "Defendant"
3. An outline must be inserted within the time limit specified in the Limitation Act, and you must type a copy, in the place of a double line.
4. The name of the Court, the nature of the complaint, the names, and the address of the parties will be clearly stated.
5. Plaint must also have proof from the plaintiff, stating that, the contents of the plaint are true and correct
1. Individuals/parties suing, May also oversee their own cases in any court.
2. However, due to a lack of knowledge of legal and technical processes, lawyers have collaborated to report in the interest of the parties.
3. "Vakalatnama", is the text, where are the party appeals authorizing the Advocate to represent it?
4. In general terms, Vakalatnama may contain the terms of the offer:
5. The client will not treat the Attorney in charge of any decision.
6. The client will bear all costs and / or expenses incurred during the proceedings.
7. An attorney should be entitled to keep the documents unless the full fee is paid.
8. The client is free to issue the Advocate at any stage of Procedures.
9. A lawyer must have the right to make his own decisions in a court of law, during the hearing, for the best interest of his or her interests.
10. Vakalatnama is filed on the final page of the claim/suit and is kept together with the court records.
11. No fees are payable. However, these days, Delhi High Court Rules require 10 Rupees. The "Public Advocate Strike" is included in Vakalatnama.
12. Plaint should also have the necessary court fees associated with it. The court costs a certain percentage of the total value of the claim or suit amount. The required amount of Court and stamp fees is different for every suit, and is referred to in the "Tax Courts Act."
Different rates for courts are paid for different types of documents.
Some of them are as follows;
1. In the case of light / written statement == 10 RS. == if the value of the suit exceeds Rs.5,000 / - up 10,000 / -
2. Plaint, in suit = = Payment of one-third of the above amount.
3. It is in the copy of the Declaration or Order == (50 paise) == if the amount or amount of the power of invitation is the subject matter of the suit when the decision or order is made is less than fifty rupees or less.
Amount of Satisfaction
1. The price of a suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700 / -
2. The price of a suit exceeds Rs. 3,00,000-3,05,000 == Rs. 2450 / -
3. The cost of the suit exceeds Rs. 4,00,000-4,05,000 == Rs. 2950 / -
Finally, the date will be given to the respondent, to begin the hearing. At such a hearing, the court will decide whether the proceedings should proceed or not. If it decides that the case has no merit, it will dismiss it on its own, without calling the opposition party. If it decides otherwise, then the trial will continue.
How activities are carried out
1. On the first day of the hearing, if the court finds that the case is competent, it will issue a notice to the opposing party, submit its arguments, and determine the date.
2. When issuing a notice to the opposing party, the plaintiff must:
1. File the required procedure --- fees in court.
2. The plaintiff must file 2 copies for each defendant in court, i.e. 6 copies if there are 3 defendants.
3. 2 copies for each respondent, one by registered / post/courier, and one by regular post.
4. Such filing shall be made within 7 days from the date of issue of the order/notice.
1. When a notice is issued to the defendant, he must attend the date specified in the notice.
2. Prior to such date, the defendant is required to file his "written statement", i.e., against the charge laid by the plaintiff, within 30 days from the date of service of the notice, or at the time is given by the court.
3. The written statement must specifically deny the allegations that the defendant was false. Unspecified allegations will be considered.
4. The written statement must state that the affidavit of the defendant was made by stating that the contents of the written statement were true and correct.
5. The 30-day time limit for filing a written statement may be extended to 90 days with court approval.
Replicated by plaintiff
1. "Replication" is the answer filed by the plaintiff against the defendant's "written statement."
2. The allegations made by the defendant in a "replication" written statement must be specifically condemned. Rejecting anything is not acceptable.
3. The replica must also include "verification" from the plaintiff, stating that the contents of the "replica" are true and correct.
4. Once the replication is filed, the claims are completed.
Filing of other documents
1. Once the petition is completed, both parties will be given the opportunity to prepare, file, and verify their claims.
2. You cannot rely on any document filed or produced during the last argument.
3. Filing documents is not enough. They must be entered and taken on record. Briefly, the procedure is as follows:
1. An opposition party may accept documents filed by one party.
2. If they are rejected by the opposition party, the documents may be rejected by the witness produced by the party.
3. Once the document is filed, it becomes part of the court record, and all the details of the claim, such as the name of the parties, the title of the suit, etc., are inscribed in the document. (O13 R49 7)
4. Documents that are rejected, i.e. admission not granted, will be returned to the respective parties.
5. Documents are required to be recorded in "original", and an extra copy must be given to the opposite party.
Name of witnesses/list of witnesses
1. "ISSUES" is formulated by the court on which the arguments and tests of witnesses are conducted.
2. In accordance with the promises, the issues are decided and the parties are not allowed to go beyond the scope of the "Issue".
3. Problems can be: a) fact or b) law
4. When issuing a final order, the court treats each issue separately and adjudicates on each issue.
List of witnesses
1. Whoever witnesses, parties wish to attend, and must be examined, must attend court.
2. The two parties to the lawsuit must file a list of witnesses within 15 days from the date the issues are referred to, or at any other time in writing by the court.
3. The parties may call the witness himself or ask the court to issue a summons.
4. If the court summons a witness, the party who calls such a witness may be required to deposit money in court for costs known as "diet money."
5. A person who does not attend court, if the court has to do so, the court may impose fines and penalties on him.
6. The witness will be examined by both parties on the last date.
1. The party test of one's own witness is called "test lead"
2. Witness examination by another party is called "cross-examination."
3. Any of the "Examination-in-Chief" may also be filed by affidavit.
4. Once, the examination and cross-examination of witnesses is over, and even the admission and denial of the documents, the court then decides the date for the final hearing.
1. The day fixed for the final hearing will be discussed.
2. Arguments should be limited to strictly determined issues.
3. The parties, with the permission of the court, may amend their claims before final proceedings.
4. What is lacking in promises, the court may refuse to hear.
5. Finally, the court issues a "final order" on the day of trial or any other day as determined by the court.
Certified copy of the order
1. Certified copy of the order, which means the final order of the court and the seal and seal of the court.
2. Useful certified copy in case of order execution or appeal.
3. By applying the certified copy to the respective court registry, you can apply for the order with a nominal fee.
4. “If an emergency is required some additional amount may be credited.
5. The "Urgent Order" can be received within a week and can take up to 15 days.
Appeals, suggestions, and reviews
When a case is ordered against a party, it does not mean there is no other remedy.
Such a party may initiate further proceedings:
2. Reference, or
In short, the technical and differences between the two are as follows:
Subject to basic rules
(Section 96) - Generally, there is an appeal from any decree approved by the court.
(Sec 96) In cases where the suit value does not exceed Rs.10, 000, an appeal can be filed only on the question of law.
(Sec.96) when a decree is issued as "ex parte" against the defender, that is, without his presence, no appeal is allowed
(Sec.96) When appealed by two or more judges, the
Many decisions prevail.
If not the majority, the lower court will decide
In this case, the number of judges filing an appeal is higher than the number of judges hearing the appeal, so if there is a dispute over a law, one or more judges may be referred to such a dispute.
Basic Rules (Order 41) and
PROCEDURE FOR APPEAL FROM ORIGINAL DECREES
1. In the prescribed form of appeal, the appellant shall file with the original certified copy of the order sung.
2. The reasons for objection under different heads of appeal and such factors are calculated respectively.
3. If the appeal is against a decree for the payment of money, the court may require the appellant to deposit a disputed amount or to provide security for anything else.
4. A grounds/objection not mentioned in the appeal cannot be taken for plea bargain without the permission of the court.
5. Similarly, any point of law which the appellant cannot take cannot be appealed to the lower court, only against matters which the court has rightly or wrongly determined.
1. For each appeal, the appeal must be filed within a limited period. Provided for in accordance with the Limitation Act 1963.
2. For appeal, in the case of a decree passed by the lower court in the civil case, the limitation is:
I. Appeal to the High Court - 90 days from the date of decree or order.
II. ii. Appeal to any other court- 30 days from the date of issuance of the decree or order.
3. If there is more than one plaintiff or defendant, any one of them can file an appeal against all of them respectively.
4. Just because an appeal is filed does not mean that the lower court order or decree is barred. In the case of a decree or temporary stay of the order, it must be specifically asked for, and the stay only works when granted by the court.
5. In the case of the execution of the decree, the court accepting the decree may suspend the execution for a period of time for the appropriate reasons shown.
6. The court may require the appellant to submit any type of security.
7. On the day of dismissal of the appeal, the appellate court shall issue a notice to the opposing party to dismiss the appeal or to attend the next day.
8. On the first day of trial, the appellate court issues summons to the opposing party, then:
I. It sets the date for further proceedings and such date shall be published in the courthouse.
II. A notice may also be sent to the lower court, whose decree or order has been appealed.
III. iii. The appellant is required to file a "process fee" which is very modest, and upon such filing, notice is also sent to the opposite party.
IV. iv. In the case of an appeal, the person filing the appeal is called the appellant and the person against whom the claim is filed is referred to as "the defendant".