The person who desires to file a civil suit normally engages an advocate (legal practitioner) and thereafter all the steps in connection with filing of the suit are attended by the advocate. The advocate knows the law, but it cannot help him unless the client (litigant) briefs him precisely the essential and relevant facts of the dispute. Initially the advocate provides you legal consultation. Thereafter he prepares your plaint and readies the other documents to be filed in the court in support of the plaint. He examines or cross-examines witness and finally argues your case. The final verdict of the Hon'ble court can be of either ways, i.e. the Hon'ble court may grant your prayers or reject the same. In either case it delivers a speaking order, analysing and weighing the evidences produced and arriving at a logical conclusion. How will you rate your performance with reference to presenting your case before the Hon'ble Court?

Has your advocate

• chosen the proper court of jurisdiction for filing the suit?

• Drafted correctly the plaint and all reliefs in your favour are included in the Prayer therein ?

• included all parties connected with the dispute in the suit?

• advised you to file correct documents and witness in support of your claim?

• pleaded your case properly?

• In case you had lost the case, is it due to the weakness in the substantive part of your case, or due to procedural deficiencies in your presentation.

The client will not be wiser on these matters, unless he himself is fairly through with requisite legal knowledge.

You will definitely consult a competent lawyer and avail his service, but that does not mean that you can keep yourselves blank without the knowledge relating to your legal rights and obligations, as well as the procedures to get them adjudicated.

Many of us normally may have occasion to file civil suits relating to property disputes, suits relating to problems faced in the place of our business, suits for settling disputes relating to defaulted debts. Only if you are well versed with the substantive law applicable to the type of your activities, you can safeguard your interest. On the other hand basic knowledge of the procedural law will enable you to efficiently handle legal proceedings initiated by you or filed against you and secure reliefs and remedies quickly.

The Code of Civil Procedure, 1908 in essence provides the sequential steps that a person desirous of filing suit in a civil court has to follow. These are summarised with regards to both requirement law and practical considerations.

1. Examine the case history and confirm that you have a full-proof bonafide claim that can be enforced by filing a civil suit in a competent court.

2. Decide the appropriate court and its location having jurisdiction to adjudicate the case

3. Prepare a brief history of your case, and attach copies of relevant records/documents in support thereof

4. If you propose to support your case with oral evidence of witnesses, prepare a list of such witnesses and gist of the testimony of each

5. Engage an advocate who practices in the Court, where you are to file the civil suit and hand over the case papers to him for his study

6. Drafting the Plaint by the advocate. Scrutinise the plaint to confirm-

   • it contains all material data stated correctly

   • the plaint is made in the form provided and with data/contents as per legal requirements

7. Remitting the Court fees into the Court and filing the Plaint

8. Getting process served to the defendants

9. Initial hearing

10. Filing of written statement by the defendant

11. Framing of Issues by the Court

12. Posting of the suit for evidence

13. Filing documents & Leading Evidence

14. Evidenced by the defendants

15. Posting for Final Arguments

16. Posting the case for Pronouncement of the decree & Passing of Decree

1. Examination of Case History

   Do not venture and resort to frivolous litigation even if your advocate recommends, if you do not have a bonafide and valid claim. It is not enough, you have a valid cause of action, your enforceable remedy through court should not be barred by limitation. If a debtor owes you Rs.10,000/- through a valid pronote, it does not automatically entitle you to go to the court. The debt should have become due for repayment and a proper demand already made to the debtor and he should have failed to repay. Then you have a cause for action for seeking civil remedy through court. If Pronote was executed five years before and there have been not a single repayment or acknowledgement of the debt, your enforceable remedy through court is time-barred. Law expects you to be alert and alive to your bonafide interests. Only then it will come to you aid.

2. Decide the Appropriate Court and its Location having Jurisdiction to adjudicate your Case

   The court in which you should file your case depends on -

   1. The subject matter of your case.

      • For example, you have to go to a consumer forum to file a consumer case,

      • to a criminal court for filing a case for dishonour of cheque,

      • to a civil court if you want an injunction or recovery of money,

      • labour matters are before the labour court,

      • to the High/Supreme Court if your fundamental right is violated etc.; AND

   2. The parties involved. For example, a bank can file a case for recovery of an amount more than Rs.10 lakhs in a Debt Recovery Tribunal; AND

   3. The amount of money involved. Each state has a hierarchy of lower courts. The lowest court has powers to grant compensation/ deal with matters valued up to a limit (such as Rs.25,000 or Rs.50,000). Beyond that, matters are dealt with by the court directly above it; AND

   4. The place where the transaction in dispute arose or where your defendant (the person against whom you are filing the case) resides. You can file a case in the court which has power (jurisdiction) over such a place; AND

   5. If you are filing a case in respect of immovable property you should go to the court which exercises power over that area.

3. If you propose to support your case with oral evidence of witnesses, prepare a list of such witnesses and
   gist of the testimony of each

   This will make you data store complete and comprehensive and make the job quick and easy for the advocate, whose domain should be the legal aspect of the dispute.

4. Engage an Advocate who Practices in the Court, Where You are to File the Civil Suit

   After securing the services of a competent lawyer you may hand over the case papers to him for study. Select the advocate wisely. If the issues involved are simple and straight and you have indisputable documentary evidence a junior advocate (even with three years practice) but dedicated to the profession will be sufficient. However, where the suit to be filed involve complex issues of both law and fact, you need an advocate specialised in that branch of law. Normally in such cases one having not less than 7 years practice may be considered. To give a final chance to the person(s) against whom the suit is to be filed, the advocate at this stage should issue a final legal notice giving 15 days time for action/settlement of the matter and in this period , he will start preparing and keeping the plaint ready, to be able to file the suit on the 16th day at the court in case of non-compliance by the person to whom notice has been served.

   Preparing a proper case history by the client will enable the advocate to quickly and more efficiently handle the task of plaint preparation.

5. Preparation of Plaint.

   The plaint is made in the manner and with data/contents as per legal requirements.

   Once you file a plaint, you are known as a plaintiff. The plaint that you file should contain the following particulars.

   1. The name of the Court in which you file your case.

   2. Your name, father's name, age, occupation and address.

   3. The name, father's name (if known), age occupation and address of the person against whom you are filing the case. (The person whom you file the case against is known as a "defendant").

   4. The facts of the case.

   5. The facts stating how you are entitled to file the case and when you became entitled to file the case

   6. The reasons for filing the case in the court you have chosen (you have to establish that the said court has the right jurisdiction to decide your case). The fact that the case filed is not debarred by limitation.

   7. Your claim (called "relief" or "prayer"). This is to be expressed clearly, because the Court will not grant any relief that has not been prayed, even if it comes that you are entitled for the same. You may also include an omnibus clause seeking for such other reliefs as the Court may please to grant.

   8. The "value" of the case and the Court fees paid.

   The documents in your possession in support of your statements in the Plaint are also to be filed. In case you desire to secure any interim reliefs, you must file additional applications for the same, along with the plaint.

   The plaint is the primary document expressing your full case history and the reliefs you pray for. It has to be drafted very clearly and unambiguously.

6. Remitting the Court Fees into the Court and filing the Plaint

   Calculation of Court Fee Payable

   Court fee is calculated as per the Court Fees Act of each state. Depending on the subject matter of the litigation, the court fee prescribed may be-

   1. A percentage of the value of the compensation claimed or the value of the property in dispute; OR

   2. A fixed amount for certain categories of cases, such as partition cases.

   It also depends upon what you are asking for from the court. Further, the court fees vary from State to State and therefore you will have to check the "fee schedule" of the Court Fees Act passed in your State. Generally, for cases involving recovery of money, the Court Fees court range from 5 - 10% of your claim. In case you succeed in your case, the person whom you file the case against (the defendant), will also be ordered to reimburse the (eligible amount of the ) cost of the suit to you.

   You also settle fees for your advocate and make payment of normally 50% of the amount. The advocate will them remit the court fees and do everything necessary to get the suit filed in the Court.