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How To File A Civil Suit In India

For filing a Civil Suit, the detailed process is laid down in Code of Civil Procedure, 1908. However if the correct process is not followed then the Registry has the right to dismiss it.
Registry here means an office which every court have which provides the information about any court matter and court forms�.

There are certain aspects which need to be determined before filing of suit. They are as follows:
  1. Place of Suing
    Place of suing simply means the venue of the trial. Before filing a suit (any suit) one must determine which court has the jurisdiction to try the civil suit. Section 15 to Section 20 of Code of Civil Procedure (hereinafter referred to as CPC) constitutes the jurisdiction of the courts.

    Every Court has a pecuniary and territorial jurisdiction. As per Section 15 of CPC suit is to be filed in the Court of lowest grade competent to try it.
     
  2. Essentials of a Suit
    Some of the essentials of the suit are (a) parties to the suit; (b) subject matter in the dispute; (c) cause of action; (d) relief claimed.

After determining the abovementioned aspects the suit can be filed according to the following procedure:

Filing of a Suit/Plaint

The first step to initiate a suit is to file a plaint. Simply put, a Plaint is a written complaint or allegation made by the one party against other. The party who files it is known as the �Plaintiff� and against whom it is filed is known as the �Defendant�.

A Plaint has to be filed within the limit prescribed under Limitation Act.

A plaint should contain:

  • Name of the Court
  • Name and address of the parties to the suit
  • A brief statement about the sections or orders under which the jurisdiction of the Court is evoked (subject)
  • Submissions of the Plaintiff
  • Verification from the plaintiff stating that the contents of the plaint are true and correct.
A plaintiff may also represent himself/herself in their own case. However, due to lack of knowledge of law and technical procedures, parties choose to engage lawyers to represent them in the Court of Law.

In order to do that a Vakalatnama has to be filed along with the Plaint. Vakalatnama is a written document, by which the parties to the suit authorise an Advocate to represent them before the Hon�ble Court. However, if the party is personally representing it�s own case then, they need not file a Vakalatnama.

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