Today, I elaborate on the initial stages of a civil suit. There is a need to study in depth to ascertain the initial stages of civil suits. I have to share practical procedure, which prevails in High Courts. Nevertheless, the Order-VII Code of Civil Procedure-1908 guides us on how to institute a case in a civil court. The plaint or written statement is part of any civil suits. Normally appellant is denoting his grievances and any cause of action in his plaint or pleading. The applicant/petitioner who instituted the civil suit against the respondents needs to deposit the notice fee in the respective branch of the courts. The respondents have bound to attend the court themselves or through their attorney. The subject of the plaint should be clear in writing. On the plaint, there are a few tickets affixed and the court fee or stamp needs to deposit in rupees or in the shape of stamp papers whatever the circumstances will occur. The applicant/petitioner should consult or hire counsels who have given his Valakalat Nama duly signed by the applicant along with a copy of his CNIC. The applicant/petitioner always signs the Affidavit, which is essential for every plaint. If some unattested copies are available, which is essential to attach to the plaint or written statement needs to enclose with the exemption application along with the affidavit.
It is pertinent to mention here that you should prepare an index, which is the part of plaint. The index will help you to brief the judge. The applicant/petitioner can also enclose an annexure with date-wise supportive instruments. If you want to avoid any office objection, you should need to flag your annexure. In continuing, you should take a few set of different court forms i.e, institution form, opening form, Urgent form, and Court stamps, which is also part of your file. After completing your file then you will have to put your file in the file box, which has been allocated by the different courts in specified places. The High Court staff will convey to you through text messages your date of hearing. Your CC Number will guide them to inform them in time. If you forget to write your CC Number in your plaint or any CM then it will raise an office objection.
Now the first date of the hearing you should convince the court about your case or entitlement of your property or any specific relief, which you may desire. If the court is satisfied then call the notices to the respondents. It is pertinent to mention here that the applicant/petitioner should deposit courier charges (TCS/postal charges) in the concerned branch of respective the courts. Normally, in civil suits thirty days or a maximum of 90 days time for respondents to submit their replies. If court-specific time e.g, fortnight or any other time thinks, fit for this case may grant to the respondents. The limitation period will apply to suits as well.
After the regular hearing, the slight chances of adjournments because both parties are willing to proceed with their case on time. Nevertheless, at a certain point court can grant an extension of time to any party. In civil cases, the burden of proof always relies on applicants/petitioners. If any exhibit you have needs to present with your plaint or Civil Miscellaneous application, which will prove your case in accordance with the law. Hence, it is essential to prove your cases before the court through citations when the case calls for the final arguments. In spite of all this, it is not easy as it sounds.