How to file a Civil Suit in India: Procedure and Stages Involved in filing a Civil Suits
Civil cases concern a conflict between people or institutions, generally over money. A civil suit starts when a legal person claims that he has been harmed by the actions of another person or institution and asks the court for relief by filing a “complaint”. Most of the civil suits are guided by the well settled principles of the Code of Civil Procedure.
Steps involved in the procedure for filing a civil suit in India
- Legal Notice: A Legal notice is known as a crucial element to initiate any legal action or civil proceedings; the primary objective of the legal notice is to reveal the intention of the plaintiff to initiate legal action against the Notice. Besides, it gives a chance to the defendant to resolve the dispute before the beginning of legal proceedings. Delivery of legal notice is considered extremely important under the law before filing a civil suit, and the Hon’ble Supreme Court has held the same in several cases.
- Plaint: Plaint is recognised as a document wherein the petitioner says the facts of the case and his claim. The complete machinery under the Civil Law comes into the action when a plaint is filed before the court. Moreover, an individual who files a plaint before the court is acknowledged as Plaintiff whereas the other party is called as the Defendant. It is necessary that the cause of action is specify in the plaint.
- Written Statement: In later stage, after the acceptance of the plaint by the Court, the submission of the written statement by the defendant. Moreover, this is again a written document whereby the opposite party describes his side of the story and his defence.
- Service of Summons: Later to the acceptance of the plaint by the court, summonses are issued to the defendant to state that legal action has been begun against him and he has to appear physically before the court on the precise day and place. Earlier, the summons was served by the officer personally however in modern judgments of Supreme Court, it was judged that the summons can also be served through the means of WhatsApp.
- Evidence: After the stages mentioned above, both parties have to produce the required documents and oral statements to corroborate with their case. Examination and cross-examination of witnesses are also done at this step.
- Arguments: After the evidence is presented before the court and the same is examined, then argument initiate in which both the individuals argue from their sides.
- Judgment: After the hearing from both sides the Judge comes to a conclusion and declares his final decision and announces a decree.
- Appeal: In case, if one of the parties is not satisfied with the conclusion of the case, he can appeal against the court decision, although an appeal may be rejected by the Court if it is unreasonable.
- Execution of Decree: The word “execution” implies implementation or enforcement of the order of the court. The execution is complete when the decree-holder receives money or other thing given to him by the judgment, decree or order.
The steps mentioned above are considered to be extremely important and it is advised that hire a professional lawyer as the best civil lawyers use the best of their skills in all the stages mentioned above.