How To File A Civil Case in India

3/28/24, 5:14 PM How to file a Civil Case in India
How to File a Civil Suit in India

By Hardeep Singh - August 16, 2018
Image Source - https://www.wsj.com/articles/SB10001424127887323854904578261551780617048
In this article, Hardeep Singh of 3rd year, Campus Law Centre discusses the Procedure
for filing a civil case in India.
Introduction
Civil cases involve a conflict between people or institutions, generally over money. A civil
suit begins when a legal person claims that he has been harmed by the actions of another
person or business 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.
Stages of a Civil Case

Generally, there are six main stages involved in a civil lawsuit. These stages are listed
below:
Pre Filing: The pre filing stage is when the dispute arises and the parties make
demands, try to negotiate the matter between them without taking a legal recourse.
However, if they fail to reach a resolution then the parties prepare for the possibility of a
court action.
https://blog.ipleaders.in/civil-case/ 1/24
Initial Pleading: At this stage, one party files papers/documents i.e., a complaint to start
the court action, and the other party files their response to such complaint i.e., a motion
or an answer.
Discovery: At this stage, both the parties exchange documents and responses filed by
them in court and learn about the strengths and weaknesses of the other side’s case.
Pre- Trial: At this stage, both the parties start preparing for trial, they get their evidence
and witnesses in order. Even at this stage they might engage in some out of court
settlement conference, after such an attempt the parties may file motions with the court
to resolve the case or to limit the issues for trial.
Trial: At this stage, the case is actually heard by the judge or a jury (which may last for a
couple of hours or a couple of months, depending on the complexity of the case),
witnesses are examined, evidence is presented, and the case is eventually decided and a
judgement is pronounced.
Post Trial: At this stage, one or both of the parties might file an appeal challenging the
judgement passed.
However not every civil case follows these stages. Some cases like summary suits, have
unique procedures that are set out in the Code of Civil Procedure.
Procedure for Filing a Civil case in India

There is a detailed process laid down in Code of Civil Procedure, for filing a civil case.
However, if the process is not followed, then the “registry” has a right to dismiss the suit.
“Registry here means an office which every court have which provides the information
about any court matter and court forms”.
The procedure for filing a civil suit is as follows:
Filing of Suit/Plaint
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”.
A Plaint contains:
Name of the Court
Name and Addresses of the parties between whom the dispute arose
Subject (a brief statement telling about the sections and orders under which the
jurisdiction of the court is evoked)
Main Content or submissions made by plaintiff
Verification from plaintiff stating that the contents of the plaint are true and correct.
Vakalatnama
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.
Some of the General Terms and Conditions that a Vakalatnama may contain:
That the client will not hold the Advocate responsible for any decision
That the client has to bear all the cost and expenses incurred during the proceedings
That the advocate will have a right to retain the documents, unless complete fees is paid
That the client is free to disengage the Advocate already appointed, at any stage of the
Proceeding
That the advocate shall have all the rights, to take decisions on his own during the
hearing in the court of Law, in the best interest of his client.
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.)
Court Fees
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”.
Some of them are as follows:
In case of plaint/written statement – Rs. 10 if the value of the suit exceed Rs. 5,000/-
upto 10,000/-
In case of plaint filed in a suit for possession – Rs. 5
On a copy of a Decree or order – 50 paise
Court fees as per value of the Suit
If the value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-
How proceedings are conducted
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.
After the notice is issued the plaintiff is required 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 filed for each defendant, one copy shall be sent by Speed
post/Courier/Regd. A.D. and the other copy shall be sent by Ordinary Post.
Such filing should be done within a period of seven days from the date of order/notice.
Written Statement by Defendant

Once the notice has been issued to the defendant, he is required to appear on the date
mentioned in the notice. However, before appearing on the date, the defendant is
required to file his “written statement” i.e., his defence against the allegation raised by
the plaintiff.
The written statement should be filed within 30 days from the date of service of notice,
or within such time as given by the court.
The maximum period that can be extended for filing of Written Statement is 90 days,
after seeking permission of the court.
The written statement should specifically deny the allegations, which according to
defendant is wrong and false. Any allegation, not specifically denied, is deemed to be
admitted.
The written statement should also contain a verification from the Defendant, stating that,
the content of the Written Statement are true and correct.
Replication by Plaintiff
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. The
defences made by the Defendant in written statement is to be specifically denied by the
Plaintiff in Replication. Anything which is not denied is deemed to be accepted.
Once the Replication is filed, the pleadings are stated to be complete.
Filing of Other Documents

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. The procedure for filing other documents are as follows:
There may be a situation where documents filed by one party is admitted by the opposite
party.
There can be another situation where the documents filed are denied by the opposite
party. In that case it can be admitted by the witness produced by the party whose
documents are denied.
Once the documents are admitted, it shall be taken on record and all the details of suit
shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.
It is mandatory that any document which is filed by the parties must be “original” and a
copy of such document shall be provided to the opposite party.
Any document which is not filed or produced cannot be relied on during final arguments.
Framing of Issues
The next stage in a civil proceeding is Framing of Issues. Issues are framed by the court
on the basis of which arguments and examination of witnesses takes place.
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 framed may be of Fact or of Law.
At the time of passing final order, the court will deal with each issue separately, and will
pass judgements on each issue.
List of Witness/Cross Examination

All the witnesses that the parties wish to produce, and examined, have to be presented
before the court within 15 days from the date on which issues are framed or within such
other period as the court may fix.
Both the parties to the suit have to file a list of witnesses.
The parties may either call the witnesses by themselves, or the court can ask the same
by sending summons to witnesses.
In case summons are issued by the court, then the party who asked for such presence of
a witness, has to deposit money with the court for their expenses. This money deposited
is known as “Diet Money”.
On the date of hearing, the witnesses produced before the court will be examined by
both the parties and once the cross examination is over at this stage the court will fix a
date for final hearing.
Final Hearing
On the day of final hearing, the arguments takes place which should be strictly confined
to the issues framed.
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.
However, before the final arguments, the parties to the suit can amend their pleadings
with the permission of the court.
Appeal, Reference and Review

When an order is passed against a party, such party can further initiate the proceedings by
way of:
Appeal
Reference, or
Review
However, there are certain technicalities in filing an appeal, these are stated as follows:
In case the value of the suit does not exceed Rs. 10,000, an appeal can only be filed on
the question of law
In case a decree is passed against the Defendant as “Ex-Parte” no appeal is allowed
Procedure for Appeal

1. The appeal has to be filed in the prescribed form, signed by the appellant, along with a
certified copy of the order
2. If the appeal filed is against a decree for payment of money, the court may order the
petitioner to deposit the disputed amount
3. Any issue which was not taken up by the appellant, in lower court, cannot be
subsequently taken up in the appeal filed. The appeal lies only against those points which
have been decided by the lower court; whether they were correct or not.
SAMPLE OF A CIVIL SUIT FILED UNDER SECTION 138 OF

THE NEGOTIABLE INSTRUMENTS ACT
IN THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS, PATIALA.
Shashi Bansal aged about ___ years, son of Sh.Satpal Bansal, resident of House No.611,
Sector 4, Panchkula (Haryana), through his Special Power of Attorney Rupesh Garg (Adhaar
Card No. 8139 5914 2649) son of Raj Kumar Garg, resident of Flat No.17-D, City Centre
Apartments, Patiala (Punjab). …Complainant
Versus
1. M/s. Allychem Laboratories E-68-69, Focal Point, Dera Bassi District Mohali – 140507
through its Directors
2. Ranjan Jain, Authorized Signatory, M/s. Allychem Laboratories, E-68-69, Focal Point,
Dera Bassi District Mohali – 140507.
3. jagmohan Arora, Director, M/s. Allychem Laboratories, E-68-69, Focal Point, Dera Bassi
District Mohali – 140507.
4. Ajay Kumar Chauhan, Director M/s. Allychem Laboratories, E-68-69, Focal Point, Dera
Bassi District Mohali – 140507.
5. Khushal Pal Singh, Director, M/s. Allychem Laboratories, E-68-69, Focal Point, Dera Bassi
District Mohali – 140507. …Accused Complaint under section 138 of Negotiable
Instrument Act read with section 420 IPC.
Sir,
It is respectfully submitted as under:-
1. That the present complaint is being filed by the complainant through his Special Power of
attorney namely Rupesh Garg son of Raj Kumar Garg, resident of Flat No.17-D, City
Centre Apartments, Patiala (Punjab), who is even otherwise, well conversant with the
facts of the present case. The power of attorney was duly attested by Sh. Y.P. Mahajan,
Notary Public on dated 29.12.2017.
2. That the complainant has retired from Food Corporation of India and was personally
known to the accused/directors i.e. Jagmohan Arora, Ajay Kumar Chauhan, Khushal Pal
Singh and also known to authorized signatory Ranjan Jain. All the accused all had visiting
relations with the complainant and as such, the accused gained mutual and good faith of
the complainant.
3. That the accused borrowed Rs.15,00,000/- from the complainant i.e. Rs.10,00,000/-
through cheque on dated 3.4.2012 and Rs.5,00,000/- in cash, for the purpose of their
business needs as the accused are perpetuating their business under the name and style
of M/s. Allychem Laboratories and all the accused gave assurance to return the said
amount. The complainant having mutual faith believed the accused to be true.
4. That the complainant many a times approached and requested the accused for return of
above said amount, but the accused have been dillydallying the matter on one pretext or
other.
5. That thereafter, the complainant again approached and requested the accused to return
the money but the accused firstly put off the matter and then in discharge of their legally
enforceable liability/ debt, the accused issued three cheques from their company’s
account duly signed by authorized signatory as well as directors in favour of the
complainant towards return of above said amount. The accused issued three cheques i.e.
cheque No.049926 dated 18.11.2017 for Rs.5,00,000/-, cheque No.049927 dated
18.11.2017 for Rs.5,00,000/- both drawn at Union Bank of India, Branch Main Branch,
Chandigarh from their account No.309301010040712 in favour of the complainant and
cheque No.032296 dated 18.11.2017 for Rs.5,00,000/- drawn at Punjab National Bank,
Branch Sector 22 D, Chandigarh from their account No.0095008700568839 in favour of
the complainant. The accused assured the complainant that whenever the cheque would
be presented for encashment there would be sufficient funds in their account and the
complainant received the cheque by believing the accused to be true. The said cheques
were issued by the accused No.1 which was signed by its authorized signatories and
directors. Further, the accused being Directors of the Company are responsible for day to
day business and affairs of 4 the Company and the issuance of said cheques in discharge
of their legally enforceable liability/debt is well within the knowledge of Directors of
Company, who have been arrayed as addressees in this notice.
6. That out of above said cheques, as per the assurance of the accused, the complainant
presented the cheque bearing No.049926 dated 18.11.2017 for encashment /clearance
and the same were sent to the banker of the accused, but the said cheque was returned
un-cashed to the complainant with a memo dated 20.11.2017 indicating, “Funds
Insufficient” of the person issuing the said cheque and as such the said cheque was
returned uncashed to the complainant.
7. That then the complainant got served a legal notice on 04.12.2017 upon the accused
through his counsel under section 138 Negotiable Instrument Act bringing to their
knowledge about the dishonour of the cheque on account of the reason mentioned above
and requested the accused to make the payment of cheque amount within a period of 15
days from the date of receipt of legal notice. Notice was sent to the accused through
registered post, but neither the accused responded to the legal notice nor made the
payment of cheque amount till date, hence this complaint. 5
8. That the accused issued the cheques with malafide intention and knowingly that the
cheques would be dishonoured due to above said reason and as such, the aforesaid
cheques was not honoured and as such the accused have played fraud with the
complainant, which falls wi*thin the four corner of section 138 Of Negotiable Instrument
Act read with section 420 IPC.
9. That after borrowing the amount the accused deliberately took much time for return of
payment and later on the accused deliberately put off the matter with ulterior motive but
the accused cannot escape from their liability and the issuance of cheques is conclusive
proof of liability towards all the accused.
10. That the above said cheque was presented and dishonoured at Patiala within the
jurisdiction of this Hon’ble Court, hence this Hon’ble Court has got jurisdiction to try and
decide the present complaint and to take cognizance of the offence committed by the
accused.
It is therefore, prayed that the action be initiated against the accused under section 138 of
the Negotiable Instrument Act and the accused be summoned and tried and be punished in
accordance with law for the offence committed by him.
It is further prayed that in addition to the prescribed punishment under section 138 of
Negotiable Instrument Act, the accused may be fined double the amount of the cheque in
question by this Hon’ble Court. Submitted by; Dated: …
Complainant Through Counsel:
List of witnesses:-
1. Complainant.
2. Official of the bankers of the complainant alongwith relevant record.
3. Official of the banker of the accused alongwith relevant record.
4. Any other witness if required would be examined.
List of documents attached with the complaint.
1. Photocopy Power of Attorney
2. Original cheque
3. Original Bank Memo
4. Office Copy of Legal Notice
5. Original Postal Receipts
6. Bank Statement.
7. List of Directors as per website.
SAMPLE VAKALATNAMA
VAKALATNAMA
IN THE HON’BLE COURT OF:
NATIONAL CONSUMER DISPUTES REDRESSAL

COMMISSION, NEW DELHI
CIVIL JURISDICTION
(1) ORIGINAL CONSUMER COMPLAINT NO. OF 20
(U/s 21 (a) (i) of the Consumer Protection Act, 1986)
(2) FIRST APPEAL NO. OF 20
(U/s 19 of the Consumer Protection Act, 1986)
(3) REVISION PETITION NO. OF 20
(U/s 21 (b) of the Consumer Protection Act, 1986)
(4) TRANSFER PETITION/APPLICATION NO. OF 20
(U/s 22 B of the Consumer Protection Act, 1986)
_____________________________________ NO. OF 20
IN THE MATTER OF :
___________________________________________…Complainant (s) Petitioner (s)
Appellant (s)
Revisionist (s)
VERSUS
_________________________________________…Respondent (s)
Defendant (s)
Caveator (s)
I/We ____________________________________________________________
______________________________________ Complainant (s)/ Petitioner (s) / Appellant

(s) / Respondent (s) / Caveator (s) in the above Original Consumer Complaint/Revision/First
Appeal/ Transfer Petition etc. do hereby appoint and retain Mr……………………., Advocate,
National Consumer Disputes Redressal Commission, New Delhi, as my/our counsel to plead
and argue on my/our behalf. He is fully authorized to sign every relevant document and file
any application (s). He will inspect the court files and records and will obtain certified copies
of orders and documents. He will continue to be my/our counsel in every further
proceedings of Review, Revision, Appeal etc. I/We undertake to pay the full fee of my/our
counsel along with full misc. expenses charges before first argument of the above case
before National Consumer Disputes Redressal Commission, New Delhi. If the entire settled
fee is not paid as and when demanded, then the counsel is not bound to appear in the court
and attend any work on my/our behalf. If the matter is decided or any order is passed
against me/us then the counsel will not be responsible and answerable for the same in any
manner. Also, he is fully authorized to engage any other counsel along with him or in his
place. I/we also agree to pay such new counsel engaged by my/our counsel. The counsel
will be entitled to receive and retain any cost awarded to me/us as his extra cost of
appearances apart from his fee. He will not be responsible to pay any cost awarded against
me/us. Every act done by the counsel in good faith will be binding on me/us.
Dated this ____________ day of____________, 20
____________________________
Signature of Complainant (s)/
______________________
Appellant (s)/Revisionist (s)/ ADVOCATE
Respondent (s)/Caveator (s)
MEMO OF APPEARANCE
To
The Registrar
National Consumer Disputes
Redressal Commission,
New Delhi
Sir,
Kindly enter my appearance on behalf of the Complainant (s)/ Petitioner (s) / Appellant (s) /
Respondent (s) / Caveator (s) etc in the above mentioned matter.
Yours faithfully,
New Delhi
Filed on:
VAKALATNAMA
IN THE HON’BLE HIGH COURT OF ………………..
_____________________________________ NO. OF 20
IN THE MATTER OF :
___________________________________________… Petitioner (s)
Appellant (s)
Revisionist (s)
VERSUS
_________________________________________…Respondent (s)
Defendant (s)
Caveator (s)
I/We ____________________________________________________________
______________________________________ Petitioner (s) / Appellant (s) / Respondent

(s) / Caveator (s) in the above Writ Petition/ Revision/First Appeal/ Second
Appeal, etc. do hereby appoint and retain Mr. ………………………….,
Advocate, as my/our counsel to plead and argue on my/our behalf. He is fully authorized to
sign every relevant document and file any application (s). He will inspect the court files and
records and will obtain certified copies of orders and documents. He will continue to be
my/our counsel in every further proceedings of Review, Revision, Appeal etc. I/We
undertake to pay the full fee of my/our counsel along with full misc. expenses charges
before first argument of the above case. If the entire settled fee is not paid as and when
demanded, then the counsel is not bound to appear in the court and attend any work on
my/our behalf. If the matter is decided or any order is passed against me/us then the
counsel will not be responsible and answerable for the same in any manner. Also, he is
fully authorized to engage any other counsel along with him or in his place. I/we also agree
to pay such new counsel engaged by my/our counsel. The counsel will be entitled to
receive and retain any cost awarded to me/us as his extra cost of appearances apart from
his fee. He will not be responsible to pay any cost awarded against me/us. Every act done
by the counsel in good faith will be binding on me/us.
Dated this ____________ day of____________, 20
____________________________ ______________________
Signature of Petitioner(s)/
Appellant (s)/Revisionist (s)/ ADVOCATE
Respondent (s)/Caveator (s) a
OFFICE: L-1 South Extension
MEMO OF APPEARANCE
To
The Registrar
Hon’ble Punjab & Haryana High Court
at Chandigarh
Sir,
Kindly enter my appearance on behalf of the Petitioner (s) / Appellant (s) / Respondent (s) /
Caveator (s) etc in the above mentioned matter.
Yours faithfully,
Chandigarh
Filed on:
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How To File A Civil Case in India

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How To File A Civil Case in India

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3/28/24, 5:14 PM How to file a Civil Case in India

How to File a Civil Suit in India

Image Source - https://www.wsj.com/articles/SB10001424127887323854904578261551780617048

Stages of a Civil Case

Procedure for Filing a Civil case in India

The procedure for filing a civil suit is as follows:

Name of the Court

Main Content or submissions made by plaintiff

Some of them are as follows:

In case of plaint filed in a suit for possession – Rs. 5

On a copy of a Decree or order – 50 paise

Court fees as per value of the Suit

If the value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-

If the value of the suit exceeds Rs. 3,00,000-3,05,000 – Rs. 2450/-

If the value of the suit exceeds Rs. 4,00,000-4,05,000 – Rs. 2950/-

How proceedings are conducted

After the notice is issued the plaintiff is required to do the following:

File requisite amount of procedure-fee in the court.

File 2 copies of plaint for each defendant in the court

Written Statement by Defendant

Once the Replication is filed, the pleadings are stated to be complete.

Filing of Other Documents

Issues framed may be of Fact or of Law.

List of Witness/Cross Examination

Both the parties to the suit have to file a list of witnesses.

Appeal, Reference and Review

In case a decree is passed against the Defendant as “Ex-Parte” no appeal is allowed

Procedure for Appeal

SAMPLE OF A CIVIL SUIT FILED UNDER SECTION 138 OF

IN THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS, PATIALA.

It is respectfully submitted as under:-

Complainant Through Counsel:

2. Official of the bankers of the complainant alongwith relevant record.

3. Official of the banker of the accused alongwith relevant record.

4. Any other witness if required would be examined.

List of documents attached with the complaint.

1. Photocopy Power of Attorney

3. Original Bank Memo

4. Office Copy of Legal Notice

5. Original Postal Receipts

7. List of Directors as per website.

IN THE HON’BLE COURT OF:

NATIONAL CONSUMER DISPUTES REDRESSAL

(1) ORIGINAL CONSUMER COMPLAINT NO. OF 20

(U/s 21 (a) (i) of the Consumer Protection Act, 1986)

(2) FIRST APPEAL NO. OF 20

(U/s 19 of the Consumer Protection Act, 1986)

(3) REVISION PETITION NO. OF 20

(U/s 21 (b) of the Consumer Protection Act, 1986)

(4) TRANSFER PETITION/APPLICATION NO. OF 20

(U/s 22 B of the Consumer Protection Act, 1986)

___________________________________________…Complainant (s) Petitioner (s)

______________________________________ Complainant (s)/ Petitioner (s) / Appellant

Dated this ____________ day of____________, 20

Respondent (s)/Caveator (s)

National Consumer Disputes

___________________________________________… Petitioner (s)

______________________________________ Petitioner (s) / Appellant (s) / Respondent

Dated this ____________ day of____________, 20

Appellant (s)/Revisionist (s)/ ADVOCATE

Respondent (s)/Caveator (s) a

OFFICE: L-1 South Extension

Hon’ble Punjab & Haryana High Court

Dated this day of, 20

Dated this day of, 20