Procedure of Civil Suit 2

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.

Read Q1 to Q10 Here

Q11) What is Written Statement?

Ans. When the notice has been issued to the defendant, he is required to appear on the date specified in the notice. Before such date, the defendant is required to record his written statement i.e. his barrier against the claim raised by offended party. If time is specified by the Court then written statement must be filed within such time otherwise within 30 days from date of administration of notice issued by the Court.

Q12) What is contained in a written statement?

Ans. The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.

Q13) What is replication by plaintiff?

Ans. Replication is a reply, filed by the plaintiff, against the "written statement" of Defendant and it should also specifically deny the allegations raised by the Defendant in written statement. Anything which is not denied is deemed to be accepted. Once Replication is filed, pleadings are stated to be complete.

Q14) How documentary proofs are filed in a civil suit?

Ans. Filing of Other Documents as documentary proofs – In civil suit many of a time documentary proofs are very necessary. Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims. Filing of Documents should be admitted and taken on record. These documents are nothing but the documentary evidences under the Evidence Act.

Q15) How documents are admitted to the record of the civil suit by the Court?

Ans. Once the documents are filed by the parties then

·         Documents filed by one party may or may not be admitted by opposite party

·         In case documents are denied by opposite party, then they can be admitted by the witness presented by party whose documents are denied

·         Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document

·         Documents, which are rejected i.e. not admitted, are returned to the respective parties.

·         It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Q16) How issues are framed by the Court?

Ans. Issues are framed by the Court as follows

·         Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".

·         Issues may be of Fact or Law.

·         At the time of passing final order, the court will deal with each issue separately, and will pass judgments on each issue.

Q17) How witness of person is taken in the court record?

Ans. If parties wish to produce some witness then

·         The list of witnesses must be filed along with all the details such as name, age, occupation, address of correspondence, etc. within period as the court may fix or within the 15 days from date on which issues were framed by the Court.

·         The parties may either call the witness by themselves, or can ask the court to send summons to them.

·         In case court send summons to witness then the party which asked for such witness has to deposit money ' with the Court for their expenses, is known as "Diet Money".

·         Any witness, who is not appeared before the court, if he is required by the court to do so, then the court may penalize in terms of fine.

·         Finally on the date, the witness will be examined by both the parties

·         Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.

Q18) How the final hearing will be conducted in a civil suit?

Ans. Final Hearing of a civil suit will be conducted by the court:

·         On final hearing day, the final argument will take place

·         The arguments should strictly be restricted to the issues framed

·         Before the final Arguments, the parties with the permission of Court can amend their pleadings

·         The court may refuse to listen for anything which is not contained in the pleadings

·         Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day which will fixed by the court.

Q19) What is certified copy of order?

Ans. Certified copy of order- It is the final order of court, and having the seal and stamp of court. It is useful, in case of Appeal or in case of execution of the order.

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