[Guest Post] Legal ‘Forms’ in Indian Courts – Part I

The post has been contributed by Anuradha Chandel, Advocate – District Court, Solan, Himachal Pradesh. Ms. Chandel is currently a junior advocate and regularly appears before lower courts and tribunals in Solan, H.P.

As a fresh law graduate, were you ever muddled by the terminologies used by advocates, munshis, and other officers at a lower court?

In this post, Ms. Chandel discusses some basic forms that are generally filed in Indian Courts across all levels. An overview of civil litigation cycle may be viewed here.

Vakalatnama/Power of Attorney

Vakalatnama is a document, by which the party filing /defending the case authorizes an advocate to represent her in a Court of law. Vakalatnama is affixed on the last page of a plaint. A Vakalatnama is affixed along with prescribed court fee stamp and Advocate welfare fund stamp. A Vakalatnama is signed by the client.

Court fee is paid in accordance with the respective rules made by different High Courts under the Court Fees Act, 1870. 

 

 

 

 

 

 

Pictures of advocate welfare stamps (left above) and court fee stamps (left below) and Vakalatnama (right)

 

 

 

Memorandum of Appearance

Memorandum of Appearance is a form that is used when a party to any suit or criminal case has been served but he/she could not appear before the court on the date of hearing of such case. In such a circumstance, where the party could not put in appearance personally on that date of hearing, he/she can instruct his pleader to appear on behalf of the party so served.

 

Picture of memo of appearance (left)

 

 

 

Process Fee Form/ Talvana/ Avahana Patar

Process Fee form is used for depositing the processing fee for the service of the defendants/respondents/accused and the witnesses. Amount of process fee varies with the number of persons required to be summoned.

The form should be attached at first along with the plaint when it is presented before the Ld. Court along with a copy of plaint and documents so that the parties to be served would have the notice regarding the case. Process fee is paid in the form of court fee stamps (see above) and is required to be paid for issuance of various processes such as summon, notice, warrant etc. 

For first three persons, court fees of Rs. 3 /- and for additional three persons, an additional court fee of Re. 1/- is to be affixed on this form.

 

Picture of process fee form (right)

 

 

List of Documents/Patar Suchi – Form under Order VII, Rule 14(1) CPC

It is the form which is used for the purpose of giving details of the documents relied upon by the plaintiff and filed along with the pleadings of the parties to the suit.

No court fee stamp is required to be affixed to this form. Only the documents filed have to be listed and at the end of it, the Counsel filing these documents has to put his/ her signature.

It is provided under Order VII Rule 14(1), Civil Procedure Code (CPC). It is used for various documents which are intended to be filed by the plaintiff. It must be filed in the Ld. Court along with the plaint. All the documents which are mentioned in this form should be attached in the plaint in the same sequence as stated in it.

 

Picture of list of document form (left)

 

 

Image from here.

 

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