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How To File A Civil Lawsuit In Court

  • 1. Filing of Plaint- The first step to initiate a suit is to file a plaint. A plaint is a written complaint or allegation.
  • -The party who files it is known as “plaintiff” and the party against whom it is filed is known as “Defendant”.
  • - A Plaint contains: Name of the Court, Name and Addresses of the parties to the dispute, Subject matter regarding the dispute, An overview of Sections, Main Content by the Plaintiff and Verification of the contents.
  • 2. Vakalatnama- Vakalatnama is a written document, by which the parties to the suit authorizes an Advocate to represent them before the Hon’ble Court.
  • -However, if the party is personally representing its own case, then they need not file a Vakalatnama.
  • - A Vakalatnama contains some general terms and conditions which state that the client will not hold the Advocate responsible for the decision and other clauses regarding the expenses and Advocate's fees.
  • 3. Submission of Plaint- Next step is filing of the plaint before Chief Ministerial Officer at the filing counter, along with appropriate court fee and process fee.
  • -Court fees is a nominal percentage of the total value of the claim or the value of the suit.
  • -The amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the 'Court Fees Stamp Act'.

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