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Suit Procedure


Vakalatnama

  • A person / party filing a case, May also represent their own case personally in any court.

  • However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.

  • " Vakalatnama", is a document, by which the party filing the case authorizes the Advocate to represent on their behalf?

  • On General Terms, a Vakalatnama may contain the falling terms :

  • The client will not hold the Advocate responsible for any decision.

  • The client shall bear all the costs and /expenses incurred during the proceedings.

  • The advocate shall have right to retain the documents, unless complete fees are paid.

  • The client is free to disengage the Advocate at any stage of the Proceedings.

  • The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.

  • Vakalatnama is affixed on the last page of plaint / suit and is kept along with court records.

  • No fees are required to be paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. "Advocate Welfare Stamp" to be affixed on the Vakalatnama.

  • Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act."

Court Fees

Different amount of court fees is paid for different type of documents.

Some of them are as follows ;

  •  In case of plaint / written statement == 10 RS. == if the value of the suit exceed Rs.5,000/- upto 10,000/-

  • Plaint , in a suit for possession == Fee of one half of the amount above.

  • On a copy of a Decree or order == ( 50 paisa ) == if the amount or value of
    Having the force of a decree the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

Value of Suit

  •  Value of suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700/-

  • Value of suit exceeds Rs. 3,00,000-3,05,000 == Rs. 2450/-

  • Value of suit exceeds Rs. 4,00,000-4,05,000 == Rs. 2950/-

Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide whether the proceedings should continue or not. If it decides, that the case no merits, then it will dismiss it there itself, without calling opposite party. If it decides otherwise, then proceedings shall being



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