Tagged: Civil Procedure Code
I want to file a suit for injunction against my neighbour (i want to get CCTV cameras removed which he has installed directed towards my private property), being a law student i have drafted the case however i am confused when it comes to the procedure of the court related to filing and other procedures. KIndly guide me with the following questions:
1. What is valuation slip and is it necessary in the case of injunction, secondary what will be the court fees of the suit ?
2. When i make a list of documents for photos,letters (annexures), am i supposed to file it with the plaint or present it directly to the judge ?
P.S my court is in U.P jurisdiction
Valuation slip may be the document / form for valuing the suit for the purposes of court fee. Court fee for a suit differs from state to state, also depending on the type of the suit. There may be rules made by the concerned high court with regard to the Court-fees Act, 1870, and the Suit Valuation Act, 1887, or other relevant laws applicable in the state concerned. You should ask some lawyer in your state for the specific court fee required for a particular type of suit in your state. You can also ask the court staff in the concerned court.
The relevant legal provision with regard to the production of documents by the plaintiff is contained in Order 7 Rules 14 of the Civil Procedure Code, which is reproduced below (you should also check the relevant rules / guidelines in this regard, if any, issued by the high court of your state):
“14. Production of document on which plaintiff sues or relies.— (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.
(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff’s witnesses, or, handed over to a witness merely to refresh his memory.”
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