The procedure of a Civil Suit in India in 9 steps
There are 2 types of legal case :-
- Civil Case
- Criminal Case
- Civil Suit – Civil suits are disputes which happens between people or businesses. It is usually over money. A civil case usually begins when one person or business (called the “plaintiff”) claims to have been harmed by the actions of another person or business (called the “defendant”). Listed below are the protocols that usually courts follow in resolving a civil dispute.
- First and foremost, a formal complaint is filed in the court against the accused.
- After a complaint is filed, the court usually informs all the concerned parties.
- The court proceeds and summons are sent to all the concerned parties to appear in the court, either by themself or through an advocate.
- A hearing will take place when the plaintiff will present evidence to the court in order to show the accused guilty.
- Another hearing takes place where the defendants object to the evidence produced and present counter-evidence.
- Witnesses are put on the stand from both the side and give statements. After which either counsel can cross-examine them and determine their credibility.
- After all the evidence and witnesses are presented, the case concludes and Judge reserves a verdict.
- Judge rules either in the favour of the plaintiff or in the favour of the defendant, either way, the suit is dismissed.
- If no defendant appears on the day of the verdict, judgement will be decreed ex parte.
After the judgement is passed and the defendant is found guilty, he is provided 30 days to appeal.
Point here to note is that the above procedure is followed only in 70% of the cases. In other cases, it either goes haywire or the standard protocol is not followed for ambiguous reasons.