Civil cases involve a conflict generally over money. A civil suit begins when a person legally claimed that he has been harmed by the actions of another person and asks the court for relief by filing a “complaint” against them. Most of the civil suits are enforced by the well settled principles of the Code of Civil Procedure.
Stage of civil case
Following are the six main stages involved in a civil law suit.
- Pre Filing: When the dispute arises and the parties make demands and try to negotiate the matter between them without taking a legal recourse. However if fail to reach a resolution then the parties prepare for the possibility of a court action.
- Initial Pleading: At this stage one party files a complaint to start the court action and the other party files their response to such complaint (a motion or an answer)
- Discovery:In this stage both the parties exchange documents and responses filed by them and learn about the strengths and weaknesses of the other side’s.
- Pre- Trial:In this stage both the parties start preparing for trial and they get their evidence and witnesses in order. Even during this stage they might engage in some out of court settlement, after this step the parties may file motions with the court to resolve the matter or to limit the issues for trial.
- Trial:In this stage the case is actually heard by the jury or a judge, which may last for a couple of hours or a couple of months, depending on the complexity of the case, evidence is presented, witnesses are examined. Thereafter the case is eventually decided and a final judgment pronounces by the court.
- Post Trial: In this stage one or both of the parties file an appeal challenging the judgment passed by the court.
However every civil case not follows these stages. Some cases like summary suits have unique procedure that is set out in the Code of Civil Procedure.
The Procedure is as follows:
Filing Of Suit/Plaint:
The first step to initiate a case is to file a plaint. A plaint is a written complaint or allegation. The party who files the suit is known as “plaintiff” and the party against whom the suit is filed is known as “Defendant”. The plaint has to be filed within the time limit prescribed in the Limitation Act. The Plaint/Suit should also contain verification from plaintiff stating that contents of the plaint are true and correct.
Content of the plaint/suit:
Name of the Court
Nature of Complaint
Names and Address of the parties has to be clearly mentioned in the suit.
Vakalatnama:
Vakalatnama is a written document by which the party to the suit authorises an Advocate to represent them on their behalf before the Hon’ble Court. However if the party is personally representing their own matter then they need not file a Vakalatnama.
Terms and Conditions that mat contain in a Vakalatnama:
- That the client will not hold their Advocate responsible for any decision
- That the client will bear all the cost and expenses incurred during the proceedings
- That the advocate will have a right to retain the all the documents, unless complete fees is paid to him
- That the client is free to disengage the appointed Advocate at any stage of the Proceeding
- That the advocate shall have all the rights, to take decisions on his own during the hearing in the court in the best interest of his client.
- Vakalatnama is affixed on the last page of plaint and is kept along with court records.
Court Fees:
A Court fee is a nominal percentage of the total value of the claim of the suit. The requisite amount of Court fees and stamp duty is different for every plaint and this ismentioned in the “Court Fees Stamp Act”.
Filing of Plaint:
Next step is filing of the plaint before the hon’ble court along with appropriate court fee and process fee for the different type of documents.
How Proceedings are conducted:
On the first day of hearing the court thinks that the plaint is genuine then the court will issue a notice to the opposite party, calling upon him to submit their arguments on the next date fixed by the court.
After the notice is issued by the court the plaintiff is required to do the following:
- File necessary amount of procedure-fee in the court.
- File two copies of plaint for each defendant in the court
- Of the two copies filed for each defendant one copy must be sent by Speed post/Courier/Regd. A.D. and the other copy must be sent by Ordinary Post.
- Such filing should be done within a period of seven days from the date of order.
Written Statement:
- Once the notice has been issued to opposite party, they are required to appear on the date mentioned in the notice. However before appearing the defendant is required to file “written statement” i.e., their defence against the charge raised by the plaintiff.
- The written statement should be filed within 30 days from the date of service of notice or within a time which is given by the court.
- The maximum period of extending for filing of Written Statement is 90 days after seeking permission of the court.
- The written statement specifically is for denying the allegations which is raised by the plaintiff. Any allegation which is not specifically denied, is deemed to be accepted.
- The written statement is also contain a verification from the Defendant stating that, the content of the Written Statement are correct and true.
Replication by Plaintiff:
Replication is a reply against the written statement which has to be filed by plaintiff. By filing a replication the plaintiff denying the defences made by the Defendant in written statement. Anything which is not denied is deemed to be accepted. With the filing of Replication the pleadings are stated to be completed.
Filing Of Other Documents:
After the completion of the pleadings both the parties to the suit are provided an opportunity to produce and file documents that are substantial to their claims. Filing of documents should be admitted and taken on record in the court. The procedure for filing other documents is as follows:
- There can be a situation where documents filed by one party are admitted by the opposite party.
- If the filed documents are denied by the opposite party. Then it can be admitted by the witness produced by the party whose documents are denied.
- If the documents are admitted, it shall be taken on record of the court and all the details of suit shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.
- It is necessary that the document which is filed by the parties must be original and a copy of such document shall be given to the opposite party.
- Any document which is not produced or filed cannot be relied on during final arguments.
Framing of Issues:
Issues are framed by the court on the basis of arguments and examination of witness takes place.
List of Witness:
- All the witnesses that the parties wish to produce and examined, must have to be presented before the court within 15 days from the date of hearing.
- Both the parties have to file a list of witnesses.
- After all this the court will fix a final date of hearing.
Final Hearing:
- On final date of hearing, the arguments takes place which should be strictly confined to the issues framed.
- After hearing the final arguments of both the parties the court will pass a “final order.
Certified copy of order:
The final order havingthe seal and stamp of the court and it is useful in case of an appeal or in case of execution of the order.