How to File a Lawsuit or a Case

A civil case involves a disagreement between two or more people or institutions, usually over money. A civil suit commences if a legal person alleges that his rights have been violated due to the acts of another business or person and files a complaint with the court seeking relief. The majority of civil lawsuits follow the well-established principles of the Code of Civil Procedure.

In this article, Advocate Viraj Patil, among the best advocates from Navi Mumbai, has provided details of how to file a lawsuit or a case. Continue reading to learn more. 

A detailed method for registering a civil case has been established. The registry has the right to dismiss the case if the process is not followed.

How Are Hearings Conducted?

Statement in Writing

Filing of Additional Documents by the Plaintiff

Final Hearing: Issues Framing/List of Witnesses

The term “registry” refers to an office in every court that provides information on any court matter as well as court forms. The Code of Civil Procedure lays out the steps for filing a civil case in great detail. On the other hand, the registry has the authority to dismiss the case if the procedure is not followed.

The following is the procedure for filing a civil suit:

The filing of an objection is the first step in starting a lawsuit. A plaint is a written allegation or complaint. The plaintiff is the person who files it, and the Defendant is the person who is being sued.

A plant contains the following information:

Name of the Court, as well as the names and addresses of the parties involved in the dispute (a brief statement telling about the sections and orders under which the jurisdiction of the court is evoked)

The plaintiff’s primary content or submissions

Verification from the plaintiff attesting to the truth and accuracy of the contents of the objection.

Vakalatnama

Vakalatnama is a written document where the parties to a lawsuit authorize an Advocate to represent them in court. A Vakalatnama is not required if the party is personally meaning its case.

A Vakalatnama may include the following General Terms and Conditions:

That the client will not hold the advocate liable for any decisions made on their behalf.

That the client is responsible for all costs and expenses incurred during the course of the proceedings.

That the advocate has the right to keep the documents unless all fees are paid; and that the client has the right to fire the advocate who has already been appointed at any time during the proceeding.

That during the hearing in the court of law, the advocate shall have complete autonomy to make decisions in his client’s best interests.

Making a Complaint

The plaint is then filed with the appropriate court fee and process fee before the Chief Ministerial Officer (Sherestedar) at the filing counter (For different types of documents, a person has to pay different amounts of Court fees.)

Fees in the Courtroom

Court fees are calculated as a percentage of the total value of the claim or suit. The amount of Court fees and stamp duty required for each suit is different, as stated in the Court Fees Stamp Act.

The following are a few of them:

Rs. 10- If the value of the suit exceeds Rs. 5,000/- but does not exceed Rs. 10,000/-.

Rs. 5 – In case of the plaint filed in a lawsuit for a property.

50 paise on a copy of an order or decree.

Fees based on the value of the case

Rs. 1700/- If the suit’s value exceeds Rs. 1,50,000-1,55,000

Rs. 2450/–If the suit’s value exceeds Rs. 3,00,000-3,05,000  

Rs. 2950/-  If the suit’s value is between Rs. 4,00,000 and Rs. 4,05,000 

How are the proceedings carried out?

Hearing

On the first day of the hearing, if the court believes the case has merit, it will send a notice to the opposing party, instructing him to submit his arguments on a date set by the court.

The plaintiff must do the following after receiving the notice:

Fill out the required procedure fee form and submit it to the court.

In the court, file two copies of the plaint for each Defendant.

One copy of each of Defendant’s two copies must be sent by Speed Post/Courier/Regd. A.D., while the other copy must be sent by Ordinary Post.

The order/notice must be filed within seven days of the date of the order/notice.

Defendant’s Written Statement

When Defendant receives the notice, he must appear on the date specified in the information. However, before appearing on the date, Defendant must file a written statement, which includes his defense to the plaintiff’s allegation.

The written statement must be filed within 30 days of receiving the notice or within the time frame set by the court.

After seeking permission from the court, the maximum period for filing written statements can be extended to 90 days.

The written statement should expressly deny the allegations, which Defendant contends are incorrect and false. Any allegation that isn’t explicitly refuted is assumed to be true.

The written statement should also include a statement from Defendant attesting to the truth and accuracy of the contents.

Plaintiff’s Replication

After Defendant files the Written Statement, the plaintiff’s next step is to file replication. A replication is a response to the plaintiff’s written statement. The plaintiff must explicitly deny Defendant’s defenses made in the written statement in replication. Anything that isn’t prohibited is considered acceptable. The pleadings are said to be complete once the replication is filed.

Other Documents to Be Filed

Following the completion of the pleadings and the filing of both parties’ submissions, both parties are permitted to produce and file documents that are material to their claims. The following is the procedure for filing other documents:

It’s possible that documents filed by one party are accepted by the opposing party.

Another scenario is when the opposing party refuses to accept the documents that have been filed. In that case, the witness produced by the party whose records are being challenged can admit it.

As per Order 13 Rule 49 of the Code of Civil Procedure, once the documents are admitted, they are taken on record, and all the details of the suit are inscribed on the document.

Any document filed by the parties must be original, and a copy must be provided to the opposing party.

Final arguments cannot be based on any document that has not been filed or produced.

Issuance Framing

Framing of Issues is the next step in a civil case. The court creates issues around which arguments and witness examination take place.

Issues are framed in light of the suit’s disputes, and the parties are not permitted to venture beyond the scope of the issues.

The issues framed can be either factual or legal in nature.

The court will deal with each issue separately and issue judgments when passing the final order.

Cross-Examination/List of Witnesses

Within 15 days of the date on which the issues are framed, or within such other period as the court may fix, all witnesses that the parties wish to produce and examine must be presented before the court.

A list of witnesses must be filed by both parties to the lawsuit.

The parties may summon witnesses on their own, or the court may do so by sending summons to witnesses.

If the court issues a summons, the party who requested the witness’s presence must deposit money with the court to cover their costs. Diet Money is the name given to the money that has been deposited.

The witnesses brought before the court will be cross-examined by both parties on the date of the hearing, and the court will set a date for the final hearing after the cross-examination is completed.

Last Chance to Speak

The arguments take place on the day of the final hearing, and they are strictly limited to the issues framed.

The court shall issue a final orderâ after hearing the parties’ final arguments, either on the day of the final hearing or on a later date set by the court.

The parties to the suit, however, can amend their pleadings with the court’s permission before the final arguments.