Civil suit is the name given for the case that is filed under the civil law by a Civil Lawyers. The two main things that we need to understand in civil suit are:
1) Cause of action.
2) Claim for damages or compensations.
If someone violates your rights and you want to file a suit against the person who violated your right, then first you have to file a legal notice against the person by describing the cause of action and asking for relief from damages in the form of compensation.
If the person who violated your rights denies giving you the relief, now you can go to the court and file a charge or an accusation which is also known as a plaint.
Now for the preparation of plaint, the victim must have a concern to his/her advocate for preparing the plaint which will consist of all the relevant facts and essential facts and this is the important part.
Order 6 and 7 of the civil procedure code deals with the preparation of plaint.
*NOTE* Both a plaint and a written statement cannot be written on your own without the help of an advocate.
The person files a plaint is called as plaintiff, and the person is accused called the defendant.
After the preparation of the plaint is done, the role of the court comes. Once the plaint is done, it will be scrutinized by the court by understanding, the documents and facts are to be submitted to the court.
Once the plaint is scrutinized, then a date will be provided to the defendant, and the chances for the hearing will be given. The defendant needs to write a written statement within 30days; it can also be extended.
Order 8 of the civil procedure code deals with the written statement.
After the written statement is submitted to the court, the issues will be decided on which relief will be provided to the plaintiff.
Once the issue is decided, the evidence or statement of both the plaintiff and defendant will be examined by the court.
The argument of both the plaintiff and the defendant will begin where they get to share their side of the story, and depending on that, the decision of the court will be given.
If the defendant is absent for the hearing, then the court can provide an ex-parte decree in favor of the plaintiff, but that decree can be set aside by showing a reasonable or sufficient cause to the court. Order 9 talks about the ex-parte decree.
If the plaintiff is absent for the hearing, then the suit will be dismissed by default, then the dismissal can be revived or restored by showing a sufficient cause.
The civil suit must fulfill the conditions of section-9 of the civil procedure code.
Section-9 in detail
Section 9 is the most important section of the civil procedure code.
In section 9 of the civil procedure code, tells that “The courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
This statement can be explained in two ways.
- A suit in which the right to property or office in contested in a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. It is immaterial, whether or not any fees are attached to the office or office attached to a particular place.
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