Stages of Suit/complaint/other cases (pls help)
Shreya
(Querist) 15 October 2010
This query is : Resolved
Can anyone please elaborate the stages that take place in civil/criminal/matrimonial/other cases. so juniors like me can know how the court system works. I am in courts for the past 1 month and every time i sit for observation in court, I am not able to understand most of the things. The advocates just give some papers to the judge and the cases are given dates. I would be very thankful to all the learned members here if you could please let me know the stages of the suit and how it is done. Recently i was appearing for 138 case and i asked the judge to issue NBW because the summons had been served, suddenly the opposite advocate came and filed something and I dont know what it was. Please help me!!
aman kumar
(Expert) 15 October 2010
If you want practice take help some seniors advocates of your city. or take old ceases as reading material you can ask to see what the opposite advocate summit in court
adv. rajeev ( rajoo )
(Expert) 15 October 2010
Just it is one month. It takes time to learn everything in the court. It is better to join senior advocate.
In a civil suit stages are:
after filing he case, next stage is for appearance of the defendants, if summons are not served you will have to take again steps by paying the process fee. Inspite of service of summons defendants remained absent they will be placed ex-parte. Even after placing ex-parte defendants can appear on the next day by filing an application to set ex-parte order.
After appearance time will be granted to them to file their written statement d within 90 days from the date of service of summons.
After filing Written statement next state is framing of issues.
After issues are framed next stage is evidence of the plaintiff and after completing the evidence of the plaintiff and his wittnesses next defendants evidence and after that argument then judgement.
Meanwhile any IAsI interrium applications filed by either of the parties there will be objections stage and after that hearing on IA after hearing next stage is order on IA.
In criminal case:
first accused has to take bail then framing of charges and evidence by the complainant and chrge sheet wittiness there will be stage to lead the defense evidence accused can lead his evidence. If there is no evidence of accused then next argument and after that judgement.
In a short I have given the details to know more about it better observe the court proceedings and try handle the cases.
pawan sharma
(Expert) 15 October 2010
you must spend the time in the court with senior in every hearing as possible, no body can teach you as a teacher in this proffession you could achive your self by seen or to ask or throuhg practice.
pawan sharma
(Expert) 15 October 2010
may also added-
read the files of the cases of the next fixing hearing with your senior after the court time is over in his office.
Parthasarathi Loganathan
(Expert) 15 October 2010
Very aptly advised by Shri Rajoo. Author will understand the ground reality that her experience and expertise would grow day by day if the opinion of Sharmaji is followed in its true letter and spirit. Author must be dedicated to the profession by going through all the case files and the stages of litigation process from time to time. ALL THE BEST.
Advocate. Arunagiri
(Expert) 15 October 2010
I think i have already suggested you under a different query, to practice under a senior.
ashish lal
(Expert) 16 October 2010
Shreya, just do junior ship under a senior. Procedure is not so complicated as it appears in initial days of advocacy.
