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PROCEDURE FOR FILING A SUIT / CASE

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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 authorises 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 alongwith 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."

Introduction
Filing Of Suit / Plaint
Vakalatnama
Court Fees
How Proceedings Are Conducted
Written Statement
Replication By Plaintiff
Filing Of Other Documents
Framing Of Issues/ List Of Witness
Final Hearing
Appeal, Reference And Review
Limitation

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