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Civil Suit Process

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. Allegation that meets the ground to filing a civil suit.
  2. Compensations to compensate for the damages.

The essential ingredients:

There are four essential ingredients which can also be called as elements that are necessary:
  1. A suit of civil nature, everything that is of civil nature is considered a civil suit. It must be read in contradiction with the criminal nature, so once what is not criminal will be considered as civil.
  2. Shall try all suits, shall is the mandatory duty of the court if any civil nature suit satisfies all the conditions of section 9 then it is the duty of the court to insert their suit and decide.
  3. Expressly or impliedly barred (special court), a special court has been enacted which has a jury section to decide only a particular matter which is related to that particular suit and other courts are bound to decide that matter. Expresslybarred tells the restriction for the court. Impliedly barred is an influence that the court has no jury session for a matter except the special court.
  4. Involvement of religious rites or ceremonies, suits which include religious rites or ceremonies is also considered as civil nature.
  5. Attachment of fees or particular place.
Section 9 is also known as the gateway of civil procedure code; every suit that is filed in a civil matter must qualify all the essential elements of section 9.
A plaint is considered as a suit in the court when it is of a civil matter and is qualified with the essential matter.

Preparation of a plaint

  1. Facts should be stated without the evidence
  2. Facts should be to the point
  3. Each paragraph should contain different facts and numbered consecutively.
  4. Date, sum and numbers shall be express in numbers and words
  5. Name and addresses of both the plaintiff and the defendant should be mentioned.
  6. Cause of the action should be mentioned
  7. Fact that the court has jurisdiction should be mentioned.
  8. Fact related to what kind of relief wanted should be mentioned.
  9. Facts related to any set off, relinquishment of portion of claim should be mentioned.
  10. Facts related to submission of court fee should be mentioned.

Preparation for a written statement

  1. Facts should be stated without the evidence
  2. Facts should be to the point
  3. Each paragraph should contain different facts and numbered consecutively.
  4. Date, sum and numbers, should be expressed in both words and numbers.
  5. Facts must be specially denied, facts which is mentioned by the victim must be told that they are true by the defendants.
  6. Defendant can counter-claim.
  7. Defendant can ask for set off.
This is the process of a civil suit, hope this gave you a brief idea on how to file a civil suit this was contributed for Civil Lawyers in Chennai by SEO Company.

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