Plaint Drafting

"Step 1 - Plaint drafting and it should cover:

-- Facts of the case

-- How you are entitled to file a case

-- When you became entitled to file a case

-- Reasons for choosing a particular court

-- Your prayer to the court

-- Value of the case and the court fees

Step 2 - Plaint filing and court fees remittance

Step 3 - Getting process served to defendants:

-- Allotment of serial number for the case

-- Serving of notice to defendants by the judge

-- Judge selecting a date for case posting [This date is recorded in the court diary]

-- The defendant will dodge accepting the notice causing delays.  If the defendants were to dodge the court may issue “Affixture” by which an officer of the court will visit the house and affix the notice to the door at which point the notice as good as being “served” to the defendants

Step 4 - Initial hearing:  The first time a defendant appear before the court he is usually given 30 days or more to file a written statement.  If his statements are not filed on time the plaintiff can ask for a fine to be imposed (for the delay) or move the case to next stage – “recording of evidence (Step 6?)”

Step 5 - Filing of written statement by the defendants: Generally the defendant through a written statement will deny all charges and will ask the evidences to be proved in the court,

Step 6 - Framing of issues by the court:  The defendant will raise disputes about all or some of the facts/statements/laws which need to be proved through evidence in the courts by the plaintiff.

Step 7 - Posting suit for evidence:  After the issues are framed the case is posted for hearing evidence

Step 8 - Filing documents & leading evidence:  The plaintiff’s lawyer will present the evidence first.  The plaintiff might be put on the stand.  Other witnesses in support of plaintiff are also presented at this stage

Step 9 - Evidence by defendants:  Defendant presentation of evidence and witnesses in support of the defendant.

After the evidence for both sides are presented, the case is adjourned for final arguments

Step 10 – Posting of final arguments:  The judge hears gist of the case and the final arguments from both parties and usually pronounce judgments soon after hearing the arguments

Step 11 - Posting of the case for the pronouncement of the decree & passing of the decree:  The judge may pronounce judgments at a later date to final arguments.  The judge will weigh the evidences and arrive at a logical conclusion and a decree is passed in favour of the plaintiff (assuming the plaintiff’s arguments are convincing)"