Civil & Criminal Procedure
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
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