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BASICS TO DRAFT CIVIL SUIT

INTRODUCTION 

Hello Friends, today we shall discuss the basics of drafting a civil suit.  In simpler terms, it means how to make a case say for e.g. to recover a certain sum of money. Following are the basics which might be kept in mind while preparing the case:-

1. First of all, you have to determine the exact amount of sum due i.e. a definite value of money needs to be ascertained. The said amount should be in consonance with the amount shown as per the account statements you have or the said amount may be corroborated from some other document like a Hundi, promissory note, etc.

2. Secondly, you need to determine the place where the case is to be instituted. The same can be checked and verified as per Sec 20 of the Civil Procedure Code.

3. Thirdly, you need to see whether the particular case is within the period of limitation. In simpler terms, it means the time frame within which a legal action is to be started against the party in default.

4. Fourthly, it needs to seen as to which court the particular case is to be filed. Like Civil Judge, ADJ, etc.. This can be determined by the value of the suit for which it is filed.

NOW ONCE YOU HAVE ALL THE ABOVE INFROMATION, YOU MAY START DRAFTING THE CASE IN THE ORDER BELOW:

a.  Begin the case by mentioning the general details of the parties like their residence and place of business, how they become acquainted with one another etc.

b. Then, elaborate the facts in detail like what are the dealings between the parties, how much money one party has to claim from another, mention the documents etc. which form the basis of the claim like invoices, ledger accounts, promissory notes, pdc cheques if any, etc.

c. Then mention the facts stating how many times the claimant has demanded the money back from the other party and in which form like emails / or verbally / or through any legal notice if any.

d. After detailing all the facts above, then comes the legal para's of the case, which starts with the Cause of action para. Here, you need to mention all the dates on which the transactions pertaining to the said default has taken place between the parties.

e. After this you can mention the valuation Para of the suit and alongwith the same can mention the appropriate court fees affixed.

f. After this you can mention the Para of jurisdiction as per the address of the parties or the cause of action if initiated at a particular place, followed by the Para mentioning that the said suit has been filed within limitation.

g. Last is the Prayer portion where the particular relief is been claimed by the parties.


This article might be helful for any fresher/beginner in the field of law to prepare a draft of a civil case. Please feel free to share your comments in the chat box.


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