Bharath.T. (Criminial And Civil) 11 November 2009

Case Proceedings procedure in civil?

Hi,

I would like to know the procedure of the case proceedings in civil cases.

For say :

We have to send then notice to the defendant/s.

then within how many days we can file a petition in court? if we have not received a latter reply or got reply from defendants counsel.

and also who files the counter first? and enquiry and other stuffs... how it all goes..

Kindly, try to help me out.

Regards

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3 Replies

Anish goyal (Advocate) 11 November 2009

Notice is not required if not specified by the law. But it is given to show the cause of action. Plaintiff has to file the plaint. In which he has to state his claim

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 11 November 2009

You have just to engage a counsel and have to handover your doucments and have to verify the drafting etc. After filing all those in the court, next procedure follows as per Civil Procedure Code but you have to nothing in that process. For more details contact your engaged lawyer.

Parveen Kr. Aggarwal (Advocate) 21 December 2009

Before initiation of any litigation, a notice to opposite party is necessary only in case any statute provides so. Otherwise there is no need at all to serve notice on the opposite pary before initiation of legal proceedings. The period of notice may be as prescribed by the statutory provision.