How To File A Civil Suit?
Conflicts between individuals or entities, usually involving money, are the focus of civil proceedings. A civil suit begins when a legal person files a "plaint" or a complaint with the court, alleging that he has been harmed or injured as a result of the activities of another person or entity. A civil case must be filed according to a certain procedure outlined in the Code of Civil Procedure, 1908. However, the "registry" can dismiss the suit if the procedure is not followed. "Registry" in this context refers to a department that each court maintains and that disseminates the information or data relating to the court matters/proceedings and other requisite court forms.
Step 1 – Drafting Of Plaint
The filing of a plaint is the initial step in commencing a civil suit. A plaint is, to put it simply, a formal complaint or allegation made by one party against another. The party who files it is referred to as the Plaintiff and the party it is filed against is referred to as the Defendant. Within the time frame established by the Limitation Act, a plaint must be filed.
The following information should be included in a plaint:
- Name of the Court
- Name, address, and description of the plaintiff and the defendant
- Whether the plaintiff or defendant is not an adult i.e., he is a minor or is of unsound mind, a statement to such effect
- The facts describing the cause of action and when it arose
- A succinct description of the provisions or orders that invoke the Court's jurisdiction (subject)
- Plaintiff's Arguments
- The relief claimed by the plaintiff
- Confirmation from the plaintiff that the information in the plaint is accurate and true.
Additionally, in their case, a plaintiff may also act as their advocate. However, parties decide to hire advocates to defend them in the Court of Law due to their lack of knowledge of technical procedures of the law, and for that purpose, a Vakalatnama is to be submitted along with the plaint thereby authorizing an advocate to represent them before the respective Court, which is explained in Step 2.
Step 2 – Drafting A Vakalatnama
After drafting the plaint, the plaintiff must give his advocate authorization to take on the opposing party in court via a written document known as the Vakalatnama. A Vakalatnama is a formal letter allowing an advocate to represent a client in court. Vakalatnama is not required when one party is representing themselves in court without the assistance of an advocate.
A Vakalatnama may contain the following (not an exhaustive list):
- The client will not hold the advocate responsible for any decision
- The client will bear all the costs and/or any expenses incurred during the proceedings
- The advocate will have the 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, in the best interest of the client
Step 3 – Filing Of Plaint
The next step is to submit or file the plaint before the Chief Ministerial Officer (Sheristadar), and to do so, you must pay the necessary court fees and processing fees. For various types of documents, a different court fee must be paid. A small portion of the overall claim or suit value is used as the court fee. Every civil suit requires a distinct sum of court fees and stamp duty, and the Court Fees Act and Stamp Act make note of this.
Step 4 - Accept Or Reject/Dismiss The Plaint
If the court decides after the plaintiff has filed his complaint that it does not have the requisite jurisdiction to hear this civil case, the court may return the plaint and notify the plaintiff so that he can file it in the appropriate court that has the correct jurisdiction.
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The court also has the authority to dismiss the plaint for a variety of reasons, which may include:
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The cause of the action is not known or clearly defined.
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The plaintiff does not pay the court fees or the stamp duty.
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The limitation act bars the plaintiff's complaint from being filed.
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The remedy sought is fairly valued, but the plaintiff failed to file the complaint within the court's prescribed time frame and the paper on which it is written is not suitably stamped.
The plaintiff has requested a remedy that is undervalued and has neglected to update the valuation within the court-imposed timeframe.
However, if the Court believes that all requirements have been complied with, it may proceed with the suit by accepting the Plaint.
Step 5 - Issuance Or Service Of A Summons
The court will serve a summons on the defendant to inform him that a suit has been filed against him, wherein a date is specified for the defendant to appear in court and respond to the allegations in the plaint.
The plaintiff must follow the steps to serve the summons, which include:
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Submitting the fee for the service of summons
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Submitting 2 copies of plaint for each defendant in the court
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Attach one copy of plaint with the summons and send by speed post
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The second copy of the plaint shall be sent by ordinary post.
The completion of the procedure of filing the suit is being followed by the stages mentioned below:
When the plaint is presented to the court, the case is set in motion. Subsequently, the written statement is filed by the other party. After that issues are framed. The day on which the issues are framed is termed the day of the “first hearing of the suit”. On the first day of the suit, the court shall ascertain from each party whether he admits or denies the allegation in the plaint. It is after “the first hearing of the suit” from the parties, reading the plaint and the written statement, and ascertaining on what material proposition of fact or law the parties are at variance, that the court frame issues.
The right decision in any case dominantly rests on the correctness of the issues framed. If the defendant makes no defense in the first hearing of the suit, there is no need to frame the issues. Issues are framed to avoid surprises in the trial and enable the parties to know what points they need to provide evidence on.
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Submission of documents
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Admission or denial of documents
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Witness hearing and cross-examination
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Arguments
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Final Hearing
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Appeal, Review, and Revision
How To File A Criminal Suit?
The Code of Criminal Procedure, 1973 ("CrPC") establishes the process for submitting a Report or Complaint, the ensuing trial, and other elements of criminal law related to an investigation, bail, etc. According to India's procedural regulations, it is not required that only the victim of the crime report the incident. Anyone can provide the information to the law enforcement organisation. Regarding the question of who should receive the information report, both the police and the relevant Judicial Magistrate may receive it.
Step 1 – Filing a First Information Report (“FIR”) of a cognizable offence
Anytime an offence has been committed, the aggrieved party or anybody with knowledge of the offence's commission may go to the police station to have the information recorded and the police officer may record the information if it is a cognizable offence, that is, an offence in which a police officer may arrest an Accused without a warrant. are those offences which are serious. Examples: murder, rape, sexual assault, dowry death, kidnapping, theft, criminal breach of trust, etc.
The police officer in charge of the designated police station is required to reduce the abovementioned information in writing in the manner specified by the State Government if the offence is cognizable. Additionally, the said officer must read the complainant the contents of the writing and obtain his or her signature. A First Information Report is the name given to the aforementioned writing that the police officer recorded in the manner specified (FIR), and a copy of the said FIR has to be given to the Complainant.
If the complainant is female, only a female officer may take that complainant's statement who has experienced the offence, and other further protective procedures have to also be established as per the CrPC.
Step 2 – Investigation By Police
The police have the authority to investigate a matter after receiving information of a cognizable offence, even without the magistrate's approval. An appropriate application might be made to the concerned Magistrate if the investigation is not being conducted diligently or without bias.
Step 3 - Reporting A Non-Cognizable Offence By Police
When a non-cognizable offence is the subject of the information, the officer in charge of the police station where the offence was committed must record the details of the information in a book that the State Government has mandated and recommend the complainant to the magistrate. Non-cognizable are offences wherein a police officer has no authority to investigate without a search order from the Magistrate or even arrest without a warrant and include offences such defamation, bigamy, dishonour of cheques, forgery, public nuisance, etc.
After receiving the order of the Magistrate directing the investigation, the officer shall have the same powers of investigation as he has in case of a cognizable offence. The complainant is also authorised to file a private complaint before that Magistrate.
Step 4 - Filing A Complaint Before The Magistrate Directly
The magistrate who has authority over the alleged offence may also be approached directly by the complainant. The Magistrate will put the complainant and any witnesses in attendance in examination under oath, wherein the statements made are converted to writing, and their signatures are obtained on the document.
Before issuing a process against the accused, the Magistrate may in certain circumstances direct further investigation into the matter and only then issue a process against the accused if he believes that an offence has been established. This is a notice that instructs the accused to appear before the Magistrate.
Stages Of The Proceedings
The Court, before commencing the trial, must ask the accused person whether he wishes to plead guilty or not guilty. The Court may convict the person on his plea of guilty under Section 253, CrPC. This provision has been inserted into the Criminal Law regime so the speedy delivery of justice can be made effective. If the accused person pleads not guilty, the trial goes forward.
The prosecution is required to prove the guilt of the accused through the examination of witnesses and documentary evidence. It involves the Examination of the Chief, Cross-examination, and re-examination. This whole cycle is known as ‘examination-in-chief’. After this, the Court records the statement of the accused person under Section 313 of the CrPC. The accused is given the opportunity of being heard and explain the facts and circumstances of the case. The defence is then, asked to present any evidence before the Court that may support the acquittal of the accused person. Usually, the burden of proof is on the prosecution, the defence is rarely asked to present evidence before the Court.
After examining all the evidence and other relevant facts and circumstances, the court decides upon what questions are to be addressed during the final arguments of the case. The Public Prosecutor and the Defence Counsel both present their arguments to the Court on the disputed issues. After hearing final arguments from both sides, the Court has to deliver judgment addressing if the accused is convicted or acquitted, the quantum of punishment if convicted, grounds of conviction/acquittal, etc. The Judgment must be clear and precise. It should state the facts of the case, arguments presented by the Counsel from both sides, acquittal/conviction of the accused, and grounds for the same.
After the judgment is delivered by the Court, the aggrieved party may file for an appeal. Before the appellate court, arguments of both sides are placed. The Appellate Court, then decides if the judgment rendered by the subordinate court had any merits or not. The aggrieved party may alternatively file a Revision petition to prevent a faulty judgment from being enforced. The last stage is the execution of the orders of the Court. The stage of execution is when all the remedies of appeal, revision, etc. are exhausted and the decision is final.
Whether A Civil Suit And A Criminal Suit Can Be Initiated Simultaneously?
Both civil and criminal proceedings can be initiated by the plaintiff or complainant simultaneously. The Supreme Court in the case of P. Swaroopa Rani vs. M. Hari Narayana, AIR 2008 SC 1884 held that: “It is, however, well-settled that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. Whether civil proceedings or criminal proceedings shall stay depends upon the fact and circumstances of each case.”
A criminal case may be initiated and the accused may be brought to justice for offences that violate a person's property rights, particularly offences such as theft, criminal breach of trust, cheating, and property disposition. Simultaneously, a civil suit can be initiated in these types of situations to seek damages for lost money, recovery of property, etc. There is no set rule addressing whether criminal or civil actions should be given more weight depending on the facts and circumstances of the case.
