Web tax4india.com

Filling Of Suit / Plaint

• In layman's language plaint is the written complaint / allegation.
• One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant"
• The plaint has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double line space.
• Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly mentioned.
• Plaint should also contain verification from plaintiff, stating that, contents of the plaint are true and correct

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."