Formalities for Filing of Civil Suit (Order 4 Rule 1, 2, Order 6 Rule 1 to 15, Order 7 Rule 1, 9)
Before the suit is presented to the Court certain legal procedural formalities for filing are required to be completed. A check list for convenience of the Plaintiff is given for the purpose of verification of compliance of formalities.
- The plaint is prepared as per provisions of order 7 Rule 1.
- Pleadings in the plaint are mare as per the Rules of pleading prescribed in order 6 Rule 1 to 15.
- Documents on which the Plaintiff sues or relies or which are referred in the pleadings are filed along with the list with the plaint in the form of certified copies or original copies. Necessary Court is affixed on necessary documents as per civil manual.
- The valuation of suit is made considering the subject matter and reliefs claimed in the suit and on perusal of the Suit Valuation Act and the Court Fee Act as the concerned notification or Government resolution relating to the subject matter and relief.
- Necessary Court fee is affixed to the suit. At times, time for payment of Court fee may be extended by Court on reasonable ground.
- Vakalatnama is filed under the signature of a Legal Practitioner.
- Memo of address is given to disclose the address of the Plaintiff.
- Copies of plaint or other applications along with the plaint and documents filed along with the plaint are given. One spare copy of plaint is provided for Court.
- Affidavit in support of the plaint pleadings and in support of the application for interim reliefs is filed.
- An application for any necessary interim relief is filed.
- The application, if required, as a statutory compliance for leave from the Court for filing the suit without making any compliance of statute is required to be filed.
- In case of necessity of any interim urgent ex-parte order, filing of a caveat is verified.
Verification of this check list will make the suit perfect and any unwanted delay for compliance can be avoided.
Formalities for Filing of Civil Suit written only for information purpose