Civil cases involve a conflict between people or institutions, on matters such as money or property disputes. A civil suit begins when a person claims that he has been harmed by the actions of another person or business and asks the court for relief by filing a “complaint”.
Generally, there are six main stages involved in a civil suit. These stages are:
- Pre Filing: This is the stage when the dispute arises and the parties make demands, try to negotiate the matter concerned without taking a legal recourse. However, if they fail to reach a resolution then the parties prepare for the possibility of a court action.
- Initial Pleading: At this stage, one party files papers/documents i.e., a complaint to start the court action, and the other party files their response to such complaint i.e., a motion or an answer.
- Discovery: At this stage, both the parties exchange documents or papers filed by them in court and learn about the strengths and weaknesses of the other side’s case.
- Pre- Trial: At this stage, both the parties start preparing for trial; they get their evidence and witnesses in order. Even at this stage they might engage in some out of court settlement conference. After such an attempt the parties may file motions with the court to resolve the case or to limit the issues for trial.
- Trial: At this stage, the case is actually heard by the judge or a jury, witnesses are examined, evidence is presented, and the case is eventually decided and a judgment is pronounced.
- Post Trial: At this stage, anyone of the two parties might file an appeal challenging the judgment passed.
However not every civil case follows these stages. Some cases like summary suits have unique procedures that are set out in the Code of Civil Procedure.
Procedure for Filing a Civil Case in India
The Code of Civil Procedure lays down a detailed process for filling of a civil case in India and if the parties don’t follow this process, their suit is liable to be dismissed by the ‘registry’. Registry is an office in every court which provides information regarding any court matter or court forms.
Provided below is the procedure for filing a civil suit:
Filing of a Suit
The first step is to initiate a suit, which is done through presentation of a plaint. A plaint is a written complaint or allegation. The party who files it is known as “plaintiff” and the party against whom it is filed is known as “defendant”.
A Plaint contains:
- Name of the Court
- Names and addresses of the parties between whom the dispute arose
- Subject (a brief statement telling about the sections and orders under which the jurisdiction of the court is evoked)
- Main content or submissions made by plaintiff
- Verification from plaintiff stating that the contents of the plaint are true and correct
Vakalatnama
Vakalatnama is a written document, by which the parties to the suit authorize an Advocate to represent them before the Honorable Court. However, in case the party is representing its case personally, without an Advocate, it does not need to file a vakalatnama.
The Vakalatnama may contain following general terms and conditions:
- That the Advocate will not be held responsible by the client for any decision
- That the client has to bear all the cost and expenses incurred during the proceedings
- That the advocate has a right to retain all the documents, unless the client pays his complete fees
- That the client has the right to disengage the already appointed Advocate, at any stage of the proceeding
- That the advocate shall have the right, to make decisions regarding the case on his own during hearing in the court, in the best interest of his client.
Filing of Plaint
After a vakalatnama has been filed, a plaint is to be presented before the Chief Ministerial Officer (Sherestedar) at the filing counter, along with appropriate court fee and process fee (the plaintiff has to pay different amount of court fee for different types of documents).
Court Fees
Court fee is a nominal percentage of the total value of the claim or the value of the suit. The amount of court fees and stamp duty is different for every suit which is mentioned in the “Court Fees Act”.
How proceedings are conducted?
Hearing
If on the first day of hearing, the court thinks that there is merit in the case, it will issue a notice to the opposite party, calling upon him to submit their arguments on a date fixed by the court.
After the notice is issued the plaintiff is required to do the following:
- File the specified amount of procedure-fee in the court
- File 2 copies of plaint for every defendant in the court
- Of the 2 copies filed for each defendant, one copy shall be sent by speed post/courier/regd. A.D. and the other copy by ordinary post.
- The fees along with copies of plaint must be filed before the court within a period of seven days from the date of order/notice.
Written Statement by Defendant
- The defendant, once the notice has been issued, is required to appear before the court on the date mentioned in the notice. However, before that, the defendant is required to file his defense against the allegation raised by the plaintiff, i.e., his “written statement”.
- The defendant is required to file the written statement within 30 days from the date of service of notice, or within such time as given by the court. The maximum time period up to which it can be filled, with the permission of the court, cannot extend beyond 90 days.
- The written statement should specifically deny the allegations, which according to defendant is wrong and false. In case, any allegation is not specifically denied, it is deemed to be admitted.
- The written statement should also contain verification from the defendant, stating that, the content of the written statement are true and correct.
Replication by Plaintiff
Once the written statement is filed by the defendant, the next step for plaintiff is to file a replication. Replication is the reply that the plaintiff files against the written statement. The defenses made by the defendant in written statement are to be specifically denied by the plaintiff in replication. Anything which is not denied is deemed to be accepted. The pleadings are considered to be completed at the filing of the replication.
Filing of Other Documents
After pleadings are completed and both the parties have filed their submissions, both the parties are given an opportunity to produce and file documents that are substantial to their claims. The procedure for filing other documents is given below:
- Once the documents are admitted, it shall be taken on record 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 mandatory that the documents filed by the parties before the court must be original and a copy thereof must be provided to the opposite party.
- Any document which is not filed or produced at this stage cannot be relied on at the time of final arguments.
Framing of Issues
- The stage in a civil proceeding that follows submission of documents is ‘Framing of Issues’. Issues are framed by the court on the basis of which arguments and examination of witnesses takes place.
- Issues are framed, taking into consideration the disputes in the suit, and the parties are not allowed to go beyond the purview of issues.
- Issues framed may be of Fact or of Law.
- At the time of passing final order, the court will deal with each issue separately, and will pass judgments on each issue.
List of Witness/Cross Examination
- All the witnesses that the parties wish to produce, and examine, have to be presented before the court within 15 days from the date on which issues are framed or within such period as fixed by the court.
- Both the parties to the suit have to file a list of witnesses.
- The parties may either call the witnesses by themselves, or the court can ask the same by sending summons to witnesses.
- In case summons is issued by the court, then the party, who asked for such presence of a witness, has to deposit money with the court for their expenses. This money deposited is known as “Diet Money”.
- On the date of hearing, the witnesses produced before the court will be examined by both the parties and once the cross examination is over at this stage the court will fix a date for final hearing.
Final Hearing
- On the day of final 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 shall pass a “final order”, either on the day of final hearing itself or on some other day fixed by the court.
- However, before the final arguments, the parties to the suit can amend their pleadings with the permission of the court.
Appeal, Reference and Review
After an order is passed by the court, either of the parties, not satisfied by the order can further initiate the proceedings by way of:
- Appeal
- Reference, or
- Review
