How Proceedings Are Conducted
- On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date.
- On issuance of notice to the opposite party, the plaintiff is required to do the following :
- File requisite amount of procedure--- fee in the court.
- File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed.
- Of, the 2 copies for each defendant, one shall be sent by Register / post / courier, and one by Ordinary post.
- Such filing should be done within 7 days, from date of order / notice.
- When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.
- Before such date, the defendant is required to file his "written statement", i.e. his defence against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court
- The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.
- The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.
- The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.
Replication by Plaintiff
- "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.
- "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted.
- Replication should also contain, a "verification" from the plaintiff, stating that contents of "Replication" are true and correct.
- Once Replication is filed, pleadings are stated to be complete.