Before a civil case file is ready to be dropped into the petition box (see earlier post “Stages of a Civil Trial“) there are certain formalities which need to be complied with for the file to be complete.
We already know that the Plaint is the written allegation submitted to the court. It forms the basis of the Plaintiff’s case and must be read and signed by you (the client) as well as your lawyer. However, this is not the only document that forms part of the civil case file.
The other documents which accompany the plaint are illustrated in my chart below with a brief write up followed with pictures of the appropriate forms.
1. ORDER SHEET:
Literally records all the orders and proceedings of the case chronologically by the judge. Examining an order sheet should give you a snapshot of the status and entire history of the case including past and future dates of hearing.
Contains an index of entire documents/forms in the case file along with page numbering, description, court fee paid etc.
The main allegation of your case containing all facts in numbered paragraphs. No set format but must have a title, comprehensive facts of your case, your legal claim (prayer), jurisdiction, suit valuation, court fee along with a verification at the end about the veracity of the claim.
4. LIST OF DOCUMENTS:
These are the documents which substantiate your claim i.e the facts contained in your plaint. They are entered into this list with their date, annexure number and brief description.
5. LIST OF RELIANCE:
These are documents which substantiate your claim like the the List of Documents above, but are not in your possession. To be able to use them later on as the case progresses you have to enter their description in this list and also specify which person is in possession of these documents. This enables the Court to compel production of those documents when needed.
6. LIST OF WITNESSES:
To endorse your factual assertions made in the plaint you have to produce oral evidence in the form of people coming as witnesses, who will support your story. You as a Plaintiff are automatically a witness but other people that you wish to produce in court must be entered into this list.
7. LIST OF LEGAL HEIRS:
Some cases do not automatically come to an end (abate) in case the Plaintiff dies and in such cases the legal heirs will be become the Plaintiffs.
8. MEMORANDUM OF ADDRESS:
The Plaintiff must give the Court, detailed address of the Defendant so that service of summons can take place and he is apprised of the pending legal case against him.
9. POWER OF ATTORNEY:
This is the basic document which gives your lawyer authority to act, appear, give statements, file applications etc. on your behalf in the particular case. See previous post for different formats of vakalatnamas.
10. PROCESS FEE:
Indicates that the court fee for service of summons to the Defendant has been duly submitted by Plaintiff.
The document served through registered post or courier to the Defendant informing him of pending litigation against him. Three copies are attached in the file for each Defendant. The copy of plaint should also be served with the summons, but that rarely ever happens and the Defendant must obtain the copy of case filed against him from the court after receiving summons in his name.
* NOTE: Some forms (for eg. 4,5,6,7 and 9) would also be filed with the Defendant’s reply (Written Statement).
* NOTE: Special thanks to Saman Mamoon for procuring the court forms 🙂