As Indian law info civil suit is something which we called civil litigation, a lawsuit which based on non criminal statues, in simple words it is separated from criminal proceeding which in our country is governed by code of criminal procedure, 1973. A civil suit involves conflict between people or institutions or group of people and other entities having legal identity.
A civil suit begins when a legal person (plaintiff) claims about violation of rights or has been harmed by the actions of another person (defendant) or business and approach the court for relief in the dispute by filing a complaint.
In India civil suits are guided and governed by settled principles of the code of civil procedure, 1908.
Steps involved in filing civil suit
A Detailed process is given in Code of Civil Procedure, 1908 for filing a civil case in court of law. If any party failed to follow the process of filing suit as given code of civil procedure,1908 then the registry of that court has right to dismiss the suit.
For any suit there is Cause of Action which means a Dispute between or among parties, which generally termed as cause of action.
Following are the steps which need to be followed while filing civil suit-
A plaint is nothing but a written complaint or allegation. The party who files plaint is known as “plaintiff” and the party against whom plaint is filed is known as “Defendant”. It is the first step in civil suit.
A Plaint contains:
- Name of the Court in which suit is going to be filed.
- Name, description and place of residence of the plaintiff in the suit.
- Name, description and place of residence of the defendant of the suit as possible it can be ascertained.
- Where there is any plaintiff or defendant is minor or of unsound mind, statement to that effect.
- Subject constituting the cause of action and where it arose.
- Facts that showing particular court has jurisdiction.
- Main Content or submissions made by plaintiff
- Verification from plaintiff stating that the contents of the plaint are true and correct.
- Court fees.
Vakalatnama is a written document via which the parties to the suit authorize an Advocate to represent him/her before the Hon’ble Court. However, they need not to file a Vakalatnama if they are personally representing their own case.
Filing of Plaint
Now next step is filing of the plaint prepared above before Chief Ministerial Officer at the filing counter, along with appropriate court fee and process fee as for different types of documents, a different amount of Court fees have to pay.
Court fees are nothing but a nominal percentage of the total value of the claim or the value of the suit. This amount of Court fees and stamp duty is vary from suit to suit, and the same is mentioned in the “Court Fees Stamp Act”, 1870.
Some figures are as follows:
- In case of plaint or in written statement – Rs. 10 in the cases where value of the suit exceed Rs. 5,000/- up to 10,000/-
- In case where plaint filed in a suit for possession – Rs.5/-
- For copy of a Decree or an order – 50 paise
Court fees as per value of the Suit
- In the case where value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-
- If the case where value of the suit exceeds Rs. 3,00,000-3,05,000 – Rs. 2450/-
- If the case where value of the suit exceeds Rs. 4,00,000-4,05,000 – Rs. 2950/-
After that service of summons and complaint upon defendant(s) by sheriff, constable, or any individual of 18 years of age or older who is not a party to the action in next step answer by defendant within 20 days of date of service and then the process of discovery , trial occurs step by step.