Civil Suit stages plaint filed scrutiny Return Rejection Admit Summon Defendant written statement

PROCEEDINGS INSIDE COURT: CIVIL COURTS

4.1

CIVIL JUDGE

In a district the first Court you can approach is the Court of Civil Judge Judicial Magistrate. Civil Judge deals with the civil cases while the Judicial Magistrate has the jurisdiction to try cases of criminal nature. Some Civil Judges also work as special judges like Judge Family Court and the Rent Controllers.

FLOW CHART OF CIVIL CASE

4.1.1 Stages in a Civil Suit

SUIT FILED

Scrutiny of Plaint

Rejection/Return of Plaint

Summons issued to defendant

Defendant appears

Defendant

does not appear

Files written statement

Does not file written statement

Application management conference & disposal of applications

Examination of

Parties

Discovery

Issues framed

Defendant placed ex-parte

ex parte evidence

Evidence of plaintiff recorded

Arguments of the plaintiff

Evidence of defendant recorded

Judgment / Ex Parte Order

Arguments of both parties

Conference for trial management

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BRIDGING THE GAP: COURTS AND MASSES

4.1.2 Part A: Requirements for Being Heard in the Civil Court

To begin with a suit you have to file a plaint, which is a written explanation of your claim with the Court. The party which starts a claim with a plaint is called plaintiff. The party being sued is called the defendant. Both are called litigants.

1. You must have a legal claim!

Before institution of the suit you have to determine that any of your rights recognized under the law has been violated or a person is about to violate any of your rights.

2. You must start your case before the deadline!

The law provides a deadline for bringing a claim. The law is called the Law of Limitation. If you miss the deadline that applies to your case, the Court may dismiss your case even if you are only a day late or in other case the Court may ask you to produce evidence to satisfy that there was sufficient reason for late submission of your claim after which the delay may be condoned.

3. You must be suing in the correct Court!

The power of a Court to entertain a case is called jurisdiction of the Court. The jurisdiction of a Civil Court has to be determined in three arcas ie Pecuniary Jurisdiction, Territorial Jurisdiction and Subject Matter Jurisdiction.

Pecuniary Jurisdiction

The pecuniary jurisdiction is determined on the basis of valuation of your claim. If you have

a claim less than 50 million you will approach the Court of Civil Judge. The law laid down