How to File a Lawsuit in India

  • How to File a Lawsuit in India

    Date : 09-07-2018 12:37

    How to File a Lawsuit in India?

    The lawsuit is a civil proceeding filed by a party or parties against each other in a court of law where a party sues each other for compensation or other property. The person suing is known as the plaintiff and the person who is being sued is known as a defendant.

    If the detailed process is not followed then the registry has a right to dismiss the case. The detailed process which needs to be followed is:

    1.     Determine the jurisdiction of the court: The law gives power and establishes the limits of the courts i.e. which court has the jurisdiction to hear and decide the case. For filing a lawsuit one need to determine under which court’s jurisdiction his/her case falls.  Majority of cases like injury cases, landlord-tenant cases, divorce, and breach of contract are claimed under State Laws. In case of an immovable property, a lawsuit should be filed in Court within the local limits of whose territorial jurisdiction the property falls. Basically, it is the Court where the property in dispute is situated. In case the immovable property is situated within the jurisdiction of different courts, then suit may be filed in any court within the local limits of whose territorial jurisdiction the portion of the property is situated.

    2.     Prepare the complaint: It is a written document which contains all the allegations against the defendant. This document contains the Name of the Court, Nature of Complaint, Names, and Address of Parties to suit. It also contains verification from the plaintiff which states that the contents of the complaint are true and correct.

    3.     Vakalatnama: It is also a written document through which the party who is willing to file the case authorizes the Advocate to represent him/her on their behalf. In case the person decides to represents his/her case on their own then vakalatnama is not required to be filed. Generally, the Vakalatnama contains that the client will bear all the costs incurred during the proceeding, the advocate will have all the right to take decisions on his own in a court of law during a hearing of the case which is in the best interest of the client and many other details.

    4.     Filing of the complaint: The written complaint should be filed before the Chief Ministerial Officer or the Sherestedar. Two copies of the complaint need to be taken where the complaint is being filed. Upon the filing of the complaint appropriate court fee and process fee needs to be paid and also other different amounts of court fees need to be paid for the different type of documents. The complaint needs to be signed in the presence of the clerk or get it notarized. This depends upon State to State and for this one needs to check the court’s website.

    5.     Serve the Defendant: The defendant needs to be provided with the notice of the lawsuit to give him/her an opportunity of responding. States allows the defendant to be served through email, or personal service, or a process server. This is done because it is not the court’s duty to locate the party.

    6.       Hearing: The court on the first day of hearing considering the merits of the case issues notice to opposite party to submit their arguments and a date is fixed.

     

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