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How to submit a Non-complicated Case to the Court and what are the procedures for proceeding such cases?

The Non-complicated Case is subject to the same court fees as an ordinary civil case, without limitations on the amount of claim.

If the Court is of opinion that the case is not complicated, the Court may issue an order to proceed such case as a petty case and shall issue a summons to the defendant stating the amount of money claimed, the grounds thereof, and requiring the defendant to appear before the Court and to make an answer on the fixed date.

When the defendant appears before the Court, the Court shall record the statements made by the defendant in the memorandum of proceeding. If the Court, upon examining the defendant’s statement and answer, is of opinion that the defendant has no grounds to defend, the Court shall try and adjudicate the case promptly; but if it appears to the Court that the defendant has a reasonable defense, the Court shall proceed with the trial without delay and hear the evidence of both parties before giving the judgment.

If the defendant appears before the Court but does not make an answer and the Court has not granted the permission to extend time for the defendant to file an answer, the Court shall order the defendant being deemed to be in default of making an answer.

If the defendant on whom a summons has been served does not appear on the fixed date, the Court shall issue an order declaring the defendant to be in default of appearance, proceed with the trial ex parte and give the judgment as soon as possible. Additionally, if the defendant does not make the answer, such defendant shall also be deemed to be in default of making an answer.

The Court is not required to make settlement of issues in accordance with Section 196 of the Civil Procedure Code.

 

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