[Guest Post] Checklist for filing a case in a District and Sessions Court

This post has been contributed by  Sh. Tek Chand Sharma, Adv. He has over 27 years of experience at District and Sessions Courts, Shimla, H.P, India. He may be reached at tekchandsharma.advocate@gmail.com.

In this post, he discusses the requirements while filing different types of case before the lower courts in India.

 

Types of matters that may be filed in a District and Sessions Court

  • Civil suit
  • Criminal private complaint
  • Civil appeal
  • Criminal appeal
  • Criminal revision
  • Application
  • Caveat

Prepare the File

  • On the file cover, the age of the petitioner, his/her mail address and mobile number of the parties and advocate are given.
  • All the civil suit/private complaints/appeals/ revision/ petitions /cases/caveat can be filed either in person or through their advocates except a pauper suit and subsequent appeal. All pauper suits are to be filed in person only.

Filing

The following is a checklist of documents needed while filing any of the aforesaid cases in a District Court or a Sessions Court.

  • One hard copy typed or written on judicial paper or Green bond watermark legal size paper, duly stamped along with requisite court fee.

Civil Suit

  • In case of civil suit, certain forms i.e. address form, List of documents filed, List of documents relied upon, Power of attorney with Advocate welfare stamp and process fee are to be properly filed and attached with the plaint. While filing a civil suit,  one extra copy of plaint  (Second copy of Plaint) is also required to be filed and documents are to be filed as per the list of documents filed.

Criminal Private Complaint

  • In a criminal private complaint, the list of documents, names of witness and their address are to be mentioned and filed at the time of filing of the complaint.

Appeals

  • In the case of a filing of appeals, a certified copy of the judgment of the lower courts with proper court fees, coupled with Power of Attorney and P.F. with court fees and Advocate welfare stamp. Photocopies of appeal are also to be filed as per the number of respondents.

Civil Appeals, Criminal  Appeals, and Criminal Revision Petitions are directly filed in the filing counter of a court complex.

Applications

  • In case any application i.e. for condonation of delay or stay etc. is to be filed with the appeal, the same is to be filed separately with separate P.F. and separate copies of the applications.

Caveat

In case filing a Caveat,

  • A Copy is mandatorily required to be given to the opposite party through registered letter with AD;
  • Receipt of the same is to be filed along with the caveat petition and POA and  P.F. after affixing  proper court fees on Caveat Petition; and
  • P.F. etc. for the service of the Caveator is also required to be filed with the filing counter of the Court.

Before the filing any appeal/petition etc. , it is desirable that to check whether or not the same is properly signed by the party and counsel. Additionally, check whether or not any affidavit, duly attested by the Oath Commissioner, is required to be filed.

Completion of filing

After the civil suit/petitions/private complaints/ appeals/ revisions/caveat are filed, the same are entered in the filing register/e-filing system and sent to the Ld. Civil Judge Senior Division Court or Ld. District and Sessions Judge Court according to the jurisdiction.

The Ld. Civil Judge Senior Division Court or Ld. Districts and Sessions Judge thereafter takes up the matters – either retain the matter/case etc. with its court or assigns it to another court having jurisdiction to entertain and try the matter.

 

Image from here.

L&P Editorial Team

The Law & Practice Blog's editorial team.

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