Procedure of a Civil Suit 1

 

Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.

Also you have to appear for a viva-voce for the subject. In viva-voce the examiner may ask you about the cases you have observed during your training with a law firm and some questions about the general things may be asked. Here are some short questions and answers which may be asked apart from problems of moot court you have solved or cases you have observed during your training with a law firm.

Q1) Is there any procedure laid down by statute to file a civil case or civil suit?

Ans. Yes, there is a procedure laid down by the Code of Civil Procedure 1908. If the process is not followed, then the Court Registrar has a right to dismiss the suit. But in general the objections are raised by the Registrar and the counsel for plaintiff has to remove these objections by doing the necessary as instructed by the Registrar.

Q2) What is the plaint?

Ans. Plaint is the written complaint or allegation.

Q3) Who is plaintiff and who is defendant?

Ans. One who files plaint is known as "Plaintiff" and against whom it is filed is known as "Defendant".

Q4) What are the contents of a plaint?

Ans. A plaint contains Name of the Court, Nature of Complaint, Names and Address of parties to the suit, the facts of the case, allegations made by plaintiff, prayer for relief and remedy, verification from plaintiff, stating that, contents of the plaint are true and correct.

Q5) What is Vakalatnama?

Ans. Vakalatnama is a written document, by which the person/party filing the case authorises the Advocate/Lawyer to represent on their behalf. However a person/party filing a case, May also represent their own case personally in any court and in this case he do not need Vakalatnama"

Q6) What are the terms of a Vakalatnama?

Ans. In general, a Vakalatnama may contain below terms:

·         The client will not hold the Advocate responsible for any decision

·         The client will bear all the costs and/expenses incurred during the proceedings

·         The advocate will have right to retain the documents, unless complete fees are paid

·         The client is free to disengage the Advocate at any stage of the Proceedings

·         The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client

Q7) How to file a plaint?

Ans. After preparation of plaint of a civil suit it is to be filed before the 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.) At least two copies of the plaint must be filed, the number of copies may vary depending upon the number of defendant parties.

Q8) What is Court Fee?

Ans. Court fees is a nominal percentage of the total value of the claim or the value of the suit. The requisite amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the “Court Fees Stamp Act”.

Q9) What may happen on first day of hearing of a suit?

Ans. After filing a plaint the court proceedings are conducted. On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date.

Q10) What is the responsibility of plaintiff or his counsel after issuance of notice to opposite party by the Court?

Ans. When the notice is issued to the opposite party, the plaintiff is needed to do the following:

·         File requisite amount of procedure - fee in the court.

·         File 2 copies of plaint for each defendant in the court.

·         Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post.

·         Such filing should be done within 7 days, from date of order/notice.

Thanks for reading till the end. Share this blog with your friends.

You can read more such questions on moot court here!

====================