Procedure for Filing a Suit/Case
The Procedure is as follows:
• Filing Of Suit/Plaint
• Vakalatnama
• Court Fees
• How Proceedings Are Conducted
• Written Statement
• Replication By Plaintiff
• Filing Of Other Documents
• Framing Of Issues/List Of Witness
• Final Hearing
The detailed procedure is as follows:
1. The first step to initiate a suit is to file a plaint. A plaint is a written complaint or allegation.
The party who files it is known as “plaintiff” and the party against whom it is filed is known
as “Defendant”.
2. Vakalatnama is a written document, by which the parties to the suit authorises an Advocate
to represent them before the Hon’ble Court. However, if the party is personally representing
its own case, then they need not file a Vakalatnama.
3. Filing of Plaint-Next step is filing of the plaint before Chief Ministerial Officer (Sherestedar)
at the filing counter, along with appropriate court fee and process fee(For different types of
documents, a person has to pay different amount of Court fees.)
4. Court Fees-Court fees is a nominal percentage of the total value of the claim or the value of
the suit.
5. Hearing- If on the first day of hearing, the court thinks that there is merit in the case, it will
issue a notice to the opposite party, calling upon him to submit their arguments on a date
fixed by the court.
6. Upon receiving a legal notice, the defendant must file a written statement within 30 days, or
as per court instructions, presenting a defence against plaintiff allegations. A maximum 90-
day extension is possible with court permission. The statement must expressly deny false
allegations; failure to do so implies admission. It should include a verification by the
defendant, confirming the truth and accuracy of the written statement's content. This
crucial step requires careful adherence to timelines and legal requirements to effectively
present the defendant's case in response to the plaintiff's claims
7. The next step for plaintiff, once the Written Statement is filed by the Defendant, is to file a
replication. Replication is a reply against the written statement, filed by the Plaintiff.
8. After pleadings are completed and both the parties have filed their submissions, both the
parties are given an opportunity to produce and file documents that are substantial to their
claims.
9. In civil proceedings, the Framing of Issues is crucial. The court defines the key disputes
guiding arguments and witness examinations. Parties must stay within these 'Issues.' They
can be of Fact or Law. In the final order, the court addresses each issue separately, issuing
judgments on each. This focused approach ensures a systematic resolution of the suit.
10. On the day of final hearing, the arguments takes place which should be strictly confined to
the issues framed.
11. After hearing the final arguments of both the parties, the court shall pass a “final order”,
either on the day of final hearing itself or on some other day fixed by the Court.
