Civil lawsuits pertain to legal disputes involving contract breach, property, child custody, damages or injuries, etc.
The procedure to file a civil lawsuit in India is as follows –
The plaintiff files an official document containing the allegation against the accused, known as the defendant.
The included fields are –
- Name of court
- Nature of complaint
- Personal information of both parties
For a civil lawsuit, legal representation is always recommended. File a Vakalatnama, which is a document authorizing an attorney to represent you. It is not necessary in case you are representing yourself.
Once you prepare the plaint, file it with the Chief Ministerial Officer after paying the fees.
Different documents require different court and process fees.
The accused can start building their defense on receiving notice from the court.
The court requires a written statement within 30 days of the notification.
They need to deny the allegations specifically. Otherwise, the court takes the charges as admissible.
The plaintiff must file a replication against the statement to deny the claims made in defense.
Based on the facts and the law, the court now frames the issues about the lawsuit.
The lawyers on either side present their argument and examination of witnesses. The judge reviews each case and passes a legally binding verdict on it.
Civil lawsuits become more robust if you include testimonies of witnesses. Within 15 days of filing the issues, both parties must produce their list of witnesses.
If the court summons a witness on your behalf, you require depositing money as “diet money.”
Courts can also penalize witnesses for not appearing on a scheduled date. They are examined and cross-examined, following which the court confirms the final hearing date.
The final hearing takes place inside the courtroom. Both parties present their evidence and arguments.
Before closing statements, parties can amend their pleadings if approved by the judge.
The judge passes the final verdict after reviewing the statements and evidence.
In case the losing party insists on further remedial measures, they can file an appeal or review at any court.
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