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Code of Civil Procedure – Tips

  1. Bare Act: Read the Code carefully to understand its sections, orders and meanings.
  2. Deadlines: Code has strict deadlines for filing lawsuits, serving notices, and filing responses. Missing these deadlines can lead to severe consequences like the dismissal of the case and other adverse orders. It is crucial to properly understand the timelines and ensure all filings are on time.
  3. Evidence: In civil cases, evidence is critical, and parties must produce sufficient evidence to prove their case. Ensure a good understanding of the evidence is needed to prove the case. Gather all relevant evidence and present it appropriately. Lack of evidence or improper presentation of evidence can weaken the case.
  4. Procedural rules: Code has many procedural rules, and not following them can lead to severe consequences like contempt of court. It is essential to understand the procedural rules and follow them strictly.
  5. Adequate pleadings: The pleadings in a civil case form the basis of the entire case. Ensure that the pleadings contain all relevant information and facts related to the case. Draft the pleadings correctly. Inadequate or incomplete pleadings can lead to adverse orders or even dismissal of the case.
  6. Proper service of process: Service of process is an essential component of the civil procedure, and failure to serve the notices or summons correctly can lead to significant consequences.
  7. Understanding of jurisdiction: Code provides for different types of jurisdiction, such as territorial and pecuniary jurisdiction. Understanding the jurisdictional rules and filing the case in the appropriate court is essential. Failure to do so can lead to the dismissal of the case.
  8. Alternative dispute resolution methods: Code provides alternative dispute resolution methods like mediation, arbitration, and conciliation. These methods can be cost-effective, time-saving, and less formal than going to court. Overlooking these methods can lead to lengthy and expensive legal battles.
  9. Seek legal advice when needed: If there is any doubt, seek a legal expert’s advice.