civil case filed is called that case in which you do not want to punish the other party but you want to take compensation from him or you want to take your rights. As if someone has taken possession of your property, you want to take back that possession and take back your rights.

How is a civil case filed?

Or if someone has harmed your reputation and defamed you, then you want to take compensation from him or if your husband does not pay your expenses, then you want to take maintenance from him under C.R.P.C.

Or the check you have received has bounced, you want to file a case against it, it has been copyright violation, then there are many such cases which are civil cases, there is a separate process to file them.

Because in this F.I.R. If it is not registered, you will have to file a direct file case, so in today's video I will tell you the complete details, from filing the civil case to taking the certified copy of the order, so let's start now.

There is a process to register a civil case in India. If that process is not followed then the registrar has the right to dismiss the case.

Step1. Filing of suit: 

In common man's language, lawsuit means written complaint or allegation. The person who files the suit is called plaintiff or plaintiff.

And the person against whom the case is filed is called the defendant. The complainant has to file his case within the time given to file the case in Limit 8963. 

The copy of the case should be typed, the name of the court, the nature of the complaint, the name and address of the parties, the plaint letter given by the plaintiff in the case and the affidavit should also be attached, in which it is stated that the things written in the complaint. all in order

Step 2. Vakalatnama has to be made.

 Vakalatnama is a document through which a party authorizes a lawyer to represent it on its behalf to register a case. Some things are written in the Vakalatnama such as:

1. The client will not hold the lawyer responsible for any decision.

2. The client will bear the expenses incurred during the court proceedings.

3. The lawyer is given the right to retain the documents until the full fee is paid to the lawyer.

4. The client is free to leave his lawyer at any stage of the court proceedings. He is free to change his lawyer whenever he wants.

5. The lawyer will have full authority to take decisions in the interest of the client during the hearing in the court. The Vakalatnama is kept in the court records by adding it to the last page of the copy.

There is no fee to be paid for preparing the Vakalatnama, however, according to the Delhi High Court rules, an Advocate Kalyan postage stamp of Rs 10 is put along with the Vakalatnama, after which a date is given to the plaintiff for the first hearing.

On this day the court decides whether to continue with the action Y or not. If it decides that there is no truth in the case then the defendant i.e. against whom the case has been filed

The case is dismissed without calling him, but if the court feels that there is some truth in the matter then it continues the proceedings.

Step 3. Court proceedings:

 On the first day of the hearing, if the court feels that there is truth in the case, then it sends a notice to the defending party to file its case by a fixed date. Before sending the notice to the defending party, give a notice to the plaintiff. work has to be done

That is, before sending the notice to the person in whose name the case has been filed, he has to do two things.

1. He has to pay court fees

2. He has to submit two copies in the court for each defendant in the case i.e. if there are two people against whom the case is filed.

So 4 copies have to be submitted. If there are 3 people then 6 copies have to be submitted. If there are 6 people then 12 copies have to be submitted. Out of the 2 copies of the case, one copy is sent to each defending person through Register Quillar and Second copy is sent through ordinary post

The copy sent to the defending court has to be submitted within the next seven days from the date of issue of the order or notice.

Step 4. Written statement

 When notice is issued to the defendant, he is required to appear in the court on the date mentioned in the notice. Before such date, the defendant has to file his written statement. 

That is, he has to prepare his defense against the allegations made by the plaintiff within 30 days. In the written statement, he has to specifically deny the allegations which the defendant believes to be false. If the written statement does not contain any specific allegation, is not denied

Then it will be considered that the defending accepts it and it is necessary to attach the affidavit of the defending in the written statement.

In which it is said that everything written in the written statement is true, the time for recording the written statement is 30 days, but by taking permission from the court, this time can be extended up to 19 days.

Step 5. Replication by plaintiff 

Replication is the reply which is filed by the plaintiff against the written statement of defending.

In the replication, the plaintiff should deny the allegations raised in the written statement. If a particular allegation is not denied in the replication, then it is considered that the plaintiff accepts that allegation.

In the replication, an affidavit of the plaintiff should be attached in which it is stated that all the things written in the replication are correct. Once the replication is filed, the petition i.e. the petition is complete.

Step 6. Filing of document 

Once the pretense is completed then both the parties are given an opportunity to submit the documents on which they rely.

And which is necessary to prove their claim. During the final hearing, no document is recognized which has not been presented before the court. Once the document is accepted, it becomes part of the court record.

And all the details related to the case are written on them like name of the party, title of the case etc. Original copies of all are deposited in the court and each copy is given to the originating party.

You also have the documents for your winnings. You should submit them in this step because if you submit the documents in the final then it will not be considered valid.

Step 7. Framing of issues - 

After this, the case is prepared by the court on the basis of which arguments are made and witnesses are interrogated.

The issues related to the case are prepared by the court. Both the parties are not allowed to go out of the scope of the issues. These issues can be either factual or

Or it may be legal. While passing the last order, the court considers each issue separately and gives a decision on each issue separately.

Step 8. List of witnesses -

 Both the parties have to submit the list of their witnesses in the court within 15 days of filing the case and within the time fixed by the court.

Both the parties themselves call the witnesses or can ask the court to send them summons. If the court sends summons to any witness, then the concerned party has to deposit money with the court to summon such witness.

Which is called Ahara Mani. If there is a witness whom you can call yourself, then you should call him. If there is a witness whom you cannot call yourself, then you should call him.

So you can ask the court to summon him, the court will send summons for him, for which you have to deposit some money which is called Daimani. Finally, witnesses are interrogated by both the parties.

The process of a party examining its own witnesses is called "examination-in-chief" while the process of a party examining the opposition party's witnesses is called cross-examination.

Once the questioning of witnesses is over and the documents are examined, the court fixes a date for the final hearing.

Step 9. Final hearing -

 For the final hearing, both the parties submit their arguments on their fixed date. Both the parties have to take care of the issues related to the case in their own time.

Before the final argument, both the parties can amend their petitions with the permission of the court and can make changes in it. Finally the court gives the final decision which is heard either on some other date fixed by the court.

Step 10 Certified copy of order -

 Certified copy of order is called the one in which the seal of the court is affixed along with the final order of the court.

A certified copy of the order is very useful in petitions issued by the court or in case of appeal. An application for a certified copy of the order can be made at the registry office of the concerned court with a small fee.

However, in case of urgent need, a higher amount may have to be paid. Urgent orders are delivered within a week whereas normally it takes 15 days to get the certified copy.

Step 11. Appeal referene and revew -

 When an order is passed against a party, it is not that he has no other remedy.

This party can increase its proceedings through better referene and review or can appeal in the upper court or can also go to the Supreme Court.

So this is a process to file a civil case. If you want to file a civil case against someone then you can do it in this way.

If you would have found this process then it would have been quite easy for you. You would have known what is Vakalatanama and when to submit the document.

You must have found that if you cannot call a witness then you can call him from the court by sending him a summons and you have to deposit some money for it.

You will also be able to get a certified copy of the court order from the court registry office.

So I hope you liked this post, then share it with your friends and if you have any question in your mind then you can ask in the comment below.