Filing of a civil suit

1. Did you discuss the issue with your tutor/teacher?

2. You want to draft plaint or question paper?

3. In case fact is already proved by the plaintiff against the defendant what is left in the suit?

Incomplete information, vague and academic query.

Academic query.No reply.

Sir

Obliged with your replies, but to give the above question more lucidity, I would include that the question relates to filing of a Civil Suit against Public Servant for damages of losses and harassment;  which is already proved(the grounds of their defence has been quashed and found to be unwarranted)) in the Administrative tribunal against them and order passed.

Now in the suit for damages, the grounds of their harassment (and on what authority needs to be questioned). Therefore, in the plaint can such questions be asked in the questionnaire form?

To refer to your question Vashshtha sir, I would like to mention that:
I discussed the issue with faculties with reply that "There is no hard and fast rule of since in the plaint as provided under CPC, only facta probandum and not facta probantia needs to be included, be it in any form.
It needs to be filed in paras and be concise providing all the facts"

 

You can do three things:  No.1 is to frame issues on behalf of the plaintiff and submit the same to the Honble Court.  It is the discretion of the court whether to apply your issues or not. After considering the issues framed by the defendant side, if any, the court will frame the issues. and No.2 is you can ask the question in the Cross examination of the defendant in "yes or no" form. No.3 is frame the fact of admitting of certain fact by the defendant in the Chief Evidence Affidavit of the plaintiff produce the document (as a proof) you are relying on into the court.

hi sir, myself dr deshmukh, my wife has filled defamation case (civil suit) at amravati (senior  civil division) against daily deshonnati, but no one has attented the summon from their side . its now more than 6 hearing. .

case code 202702019802014.. please help me..

Dr. Deshmukh,

I think this thread was for some academic query by Mr. Arnav Raj (a student) which is quite different from your query, isn't it?

If no one has appeared after service of summons, the court shall have to proceed ex-parte and willl not issue fresh summons, which you have stated that "it is more than 6 hearings". there is some lacuna in the facts of the case, please check with your lawyer.

Regards

Dr. (Major) J C Vashista, Advocate, Consultancy Room, Lawyer's Chamber Block, High Court of Delhi, New Delhi-110003 Mobile: +91 98911 52939 email: majjagdish@yahoo.com

@Arnav Raj:  Your query itself has an answer which you have stated to have been told by your faculty. The pleadings in the plaint should be made in such way that it will not backfire or if contested by opposite party, you will stand clueless on further proceedings.  You can always put forth the facts in your pleadings on which you rely upon for the present suit.  For more replies you may visit the experts section where you have posted the similar question out of over curiosity.