ITz all about Filing an civil suit/case:

·         On a copy of a Decree or order == ( 50 paise ) == if the amount or value of
Having the force of a decree the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

Value of Suit

·         Value of suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700/-

·         Value of suit exceeds Rs. 3,00,000-3,05,000 == Rs. 2450/-

·         Value of suit exceeds Rs. 4,00,000-4,05,000 == Rs. 2950/-

Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide whether the proceedings should continue or not. If it decides, that the case no merits, then it will dismiss it there itself, without calling opposite party. If it decides otherwise, then proceedings shall being

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.

·         On issuance of notice to the opposite party, the plaintiff is required to do the following :

o        File requisite amount of procedure--- fee in the court.

o        File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed.

o        Of, the 2 copies for each defendant, one shall be sent by Register / post / courier, and one by Ordinary post.

o        Such filing should be done within 7 days, from date of order / notice.

WRITTEN STATEMENT

·         When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.

·         Before such date, the defendant is required to file his "written statement", i.e. his defense against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court

·         The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.

·         The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.

·         The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.

REPLICATION BY PLAINTIFF

·         "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.

·         "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted.

·         Replication should also contain, a " verification" from the plaintiff, stating that contents of "Replication" are true and correct.

·         Once Replication is filed, pleadings are stated to be complete.

FILING OF OTHER DOCUMENTS

• Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims.

• Any document not filed or produced cannot be relied upon, during final arguments.

• Filing of Documents is not sufficient. They should be admitted and taken on record. In brief the procedure is as follows :

Documents filed by one party may be admitted by opposite party.

If they are denied by opposite party, then they can be admitted by the witness produced by party whose documents are denied.

Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document. (O13 R49 7)

Documents, which are rejected i.e. not admitted, are returned to the respective parties.

It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

FINAL HEARING

·         On the day fixed for final hearing, the arguments shall take place.

·         The arguments should strictly be confined to the issues framed.

·         Before the final Arguments, the parties with the permission of Court, can amend their pleadings.

·         Whatever is not contained in the pleadings, the court may refuse to listen.

·         Finally, the court shall pass a "final Order", either on the day of hearing itself, or some other day fixed by the court.

CERTIFIED COPY OF ORDER

·         Certified copy of order, mean, the final order of court, and having the seal and stamp of court.

·         Certified copy of useful, in case of execution of the order, or in case of Appeal.

·         Certified copy can be applied by making an application to the Registry of concerned Court, alongwith nominal fees for the order.

·         In case of "urgent requirement some additional amount has to be deposited.

·         "Urgent order" can be obtained within a week, and the normal might take 15 days.