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Author Topic: Process flow in a civil suit in India  (Read 22124 times)

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Offline Aravind.K

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Process flow in a civil suit in India
« on: May 21, 2013, 04:11:43 AM »
Dear Friends,

Few friends of mine staying abroad have invested in buying property in Bangalore. They have paid the entire cost for the property. Few have got the land registered in their name while others have only agreement to sell in their favour. The dwelling units in this property is being built by one of the developer's contacts.

The developer is untraceable for few years now and the builder has stopped construction mid-way.

The affected buyers are contemplating filing civil suit against the developer/builder for specific performance and/or restraining the developer from disposing off the property to someone else and/or to secure the property to the bonafide buyers.

Since the buyers are unfamiliar with the process followed in Indian Courts, they have requested a flow chart for better understanding. I have compiled one to the best of my knowledge and seek advise from learned friends on its veracity.

I will be very thankful for this.
"Step 1 - Plaint drafting and it should cover:
-- Facts of the case
-- How you are entitled to file a case
-- When you became entitled to file a case
-- Reasons for choosing a particular court
-- Your prayer to the court
-- Value of the case and the court fees
Step 2 - Plaint filing and court fees remittance
Step 3 - Getting process served to defendants:
-- Allotment of serial number for the case
-- Serving of notice to defendants by the judge
-- Judge selecting a date for case posting [This date is recorded in the court diary]
-- The defendant will dodge accepting the notice causing delays.  If the defendants were to dodge the court may issue “Affixture” by which an officer of the court will visit the house and affix the notice to the door at which point the notice as good as being “served” to the defendants
Step 4 - Initial hearing:  The first time a defendant  appear before the court he is usually given 30 days or more to file a written statement.  If his statements are not filed on time the plaintiff can ask for a fine to be imposed (for the delay) or move the case to next stage – “recording of evidence (Step 6?)”
Step 5 - Filing of written statement by the defendants: Generally the defendant through a written statement will deny all charges and will ask the evidences to be proved in the court,
Step 6 - Framing of issues by the court:  The defendant will raise disputes about all or some of the facts/statements/laws which need to be proved through evidence in the courts by the plaintiff.
Step 7 - Posting suit for evidence:  After the issues are framed the case is posted for hearing evidence
Step 8 - Filing documents & leading evidence:  The plaintiff’s lawyer will present  the evidence first.  The plaintiff might be put on the stand.  Other witnesses in support of plaintiff are also presented at this stage
Step 9 - Evidence by defendants:  Defendant presentation of evidence and witnesses in support of the defendant.
After the evidence for both sides are presented, the case is adjourned for final arguments
Step 10 – Posting of final arguments:  The judge hears gist of the case and the final arguments from both parties and usually pronounce judgements soon after hearing the arguments
Step 11 - Posting of the case for the pronouncement of the decree & passing of the decree:  The judge may pronounce judgements at a later date to final arguments.  The judge will weigh the evidences and arrive at a logical conclusion and a decree is passed in favour of the plaintiff (assuming the plaintiff’s arguments are convincing)"

Thanks and regards,

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