Civil & Criminal Procedure

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  • Topic: Plaintiff, Civil procedure, Pleading
  • Pages : 7 (2087 words )
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  • Published : March 10, 2013
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CIVIL Procedure
The Code of Civil Procedure, 1908 in essence provides the sequential steps that a person desirous of filing suit in a civil court has to follow. 1.Filing Of Suit / Plaint
2.Vakalatnama
3.Court Fees
4.How Proceedings Are Conducted
5.Written Statement
6.Replication By Plaintiff
7.Filing Of Other Documents
8.Framing Of Issues/ List Of Witness
9.Final Hearing
10.Appeal, Reference And Review

FILING OF SUIT / PLAINT: The plaint has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double line space. Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly mentioned.   VAKALATNAMA: " Vakalatnama", is a document, by which the party filing the case authorises the Advocate to represent on their behalf. Vakalatnama is affixed on the last page of plaint / suit and is kept alongwith court records. No fees are required to be paid on it. COURT FEES: Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act” Some of them are as follows ;

1. In case of plaint / written statement = 10 RS. (if the value of the suit exceed Rs.5,000/- upto 10,000/-) 2. Plaint , in a suit for possession = Fee of one half of the amount above. 3.  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: 1. Value of suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700/- 2. Value of suit exceeds Rs. 3,00,000-3,05,000 == Rs. 2450/- 3. 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

1.  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. 2. On issuance of notice to the opposite party, the plaintiff is required to do the following : (i) File requisite amount of process fee in the court.

(ii) File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed. (iii) Of, the 2 copies for each defendant, one shall be sent by Register / post / courier, and one by Ordinary post. (iv) Such filing should be done within 7 days, from date of order / notice.  WRITTEN STATEMENT: Before the date of appearance for the defendant as mentioned in the notice, the defendant is required to file his "written statement", within 30 days from date of service of notice, or within such time as given by court, specifically denying the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.  REPLICATION BY PLAINTIFF: "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant, denying the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted. Once Replication is filed, pleadings are stated to be complete. FILING OF OTHER DOCUMENTS: Once, the pleadings are complete, 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 : (i) Documents filed by one party may be...
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