Civil Suit Stages

 *18 Stages Of Civil Suit as per Civil Procedure Code, 1908 are

as under*

1. Presentation of plaint.

2. Service of summons on defendant.

3. Appearance of parties

4. Ex-parte Decree

5. Interlocutory Proceedings

6. Filing of written statement by defendant

7. Production of documents by parties (plaintiff and defendant)

8. Examination of parties

9. Discovery and Inspection

10. Admission

11. Framing of issues by the court.

12. Summoning And Attendance Of Witnesses

13. Hearing Of Suits And Examination Of Witnesses

14. Argument

15. Judgment

16. Preparation of Decree

17. Appeal, Review, Revision

18. Execution of Decree

The detailed discussion of all the stages are given below

1.Plaint (Order 7) :- The entire legal machinery under the Civil

Law is set in motion by filing of plaint and hence plaint is the

actual starting point of all pleadings in a case.

The plaint shall contain the following particulars

(i) Name of the court in which suit is to be filed.

(ii) Name, description and place of residence of the plaintiff.

(iii) Name, description and place of residence of the defendant

so far it can be ascertained.

(iv) Where the plaintiff or defendant is a minor or person of

unsound mind

statement to that effect.

(v) Facts constituting the cause of action and when it arose.

(vi) Fact showing that the court has jurisdiction.

(vii) Relief which the plaintiff claims.

(viii) Where plaintiff has allowed a set off or relinquishes a

portion of his claim, the amount so allowed for relinquishment.

(ix) Statement of the value of the subject matter of the suit for

purpose of jurisdiction and court fees.

If after submitting the plaint the court finds that it should be

submitted before some other court the plaint could be returned,

and intimation thereof can be given to the plaintiff.

The court has power to reject the plaint on following grounds:

1.Where it does not disclose the cause of action

2.Where the relief claimed is under valued and plaintiff fails to

correct the valuation within the time fixed.

3. If the relief is properly valued but insufficient court fee stamp

is paid and the plaintiff fails to make good such amount.

4. Where the suit appears to be time barred, from the

statements in the plaint.

5. When the plaint does not disclose any cause of action.

In ROOPLAL SATHI V/s. SINGH 1982 3SCC 487 it was held

that the whole plaint should be rejected and not a portion of it.

However the rejection of plaint on aforesaid grounds does not

bar the plaintiff from presenting a fresh plaint. (ORDER 7 RULE

13 OF CPC)

2. Service of Summons :- Summons is an instrument used by

the court to commence a civil action or proceedings and is a

means to acquire jurisdiction over party. It is a process directed

to a proper officer requiring him to notify the person named,

that an action has been commenced against him, in the court

from where process is issued and that he is required to appear,

on a day named and answer the claim in such action.When the

suit is duly instituted summons may be issued to defendant to

appear and answer the claim.

Defendant to whom a summons has been issued may appear

in person or by a pleader duly instructed or by a pleader

accompanied by some person who is able to answer all

questions.

To expedite the filing of reply and adjudication of claim, the

court may direct filing of written statement on date of

appearance and issue suitable summons for that purpose.

Failure to do so may result in Ex-parte judgment under order 8,

rule 10.

The provisions of substituted service have to be resorted when

the summons is not served by normal process through the

court bailiff. Where the court is satisfied that there is reason to

believe that the defendant is keeping out of the way for purpose

of avoiding service or that for any others reason the summons

can not be served in ordinary way the court shall order

summons to be served by affixing copy thereof in conspicuous

part of the house. (ORDER 5, RULE 20 OF CIVIL

PROCEDURE CODE.)

To expedite service of summons one more provision is relating

to substituted service under which the court orders service by

an advertisement in a newspaper, the newspaper shall be a

daily newspaper circulating in the locality in which the defendant last resided or carried on business or personally

worked for gain (ORDER 20 RULE - 1A)

3. Appearance of parties :- On the day fixed in the summons

the defendant is required to appear and answer and the parties

shall attend the court unless the hearing is adjourned to a

future day fixed by the court, if the defendant is absent court

may proceed exparte. Where on the day so fixed it is found that

summons has not been served upon defendant is consequence

of failure of plaintiff to pay the court fee or postal charges the

court may dismiss the suit. Where neither the plaintiff nor the

defendant appears the court may dismiss the suit. Such

dismissal does not bar fresh suit in respect of same cause of

action.

4. Ex-parteDecree :- A decree against the Defendant without

hearing him or in his absence or in absence of his defense can

be passed under the following circumstances

1.Where any party from whom a written statement is required

fails to present the same within the time permitted or fixed by

the court, as the case may be the court shall pronounce

judgment against him, or make such order in relation to the suit

as it thinks fit and on pronouncement of such judgment a

decree shall be drawn up.(ORDER 8, RULE 10 CIVIL

PROCEDURE CODE.)

2. Where defendant has not filed a pleading, it shall be lawful

for the court to pronounce judgment on the basis of facts

contained in the plaint, except against person with

disability.(ORDER 8, RULE 5(2), CIVIL PROCEDURE CODE.)

3. Where the plaintiff appears and defendant does not appear

when suit is called up for hearing and summons is property

served the court may make an order that suit will be heard exparte (ORDER 9, RULE 6(1 )(a) OF CIVIL PROCEDURE

CODE)

If an exparte decree is passed and the defendant satisfies that

he was prevented by sufficient cause then he has the following

remedies open

1. Prefer appeal against decree.

2. Apply for Review.

3. Apply for setting aside the Exparte Decree.

In UCO BANK V/S. IYENGER CONSULTANCY SERVICES,

1994 (SCC) 399 (SUPPLE.) it was observed that the words

“Sufficient Cause” has not been defined and it will depend on

facts and circumstances of each case.“

5. Interlocutory Proceedings :- The period involved between

initiation and disposal of litigation is substantially long. The

intervention of the court may sometimes be required to

maintain the position as it prevailed on the date of litigation. In

legal parlance it is known as "status quo”. It means preserving

existing state of things on a given day.

In that context interlocutory orders are provisional, interim,

temporary as compare to final. It does not finally determine

cause of action but only decides some intervening matter

pertaining to the cause.

1.Arrest and attachment before judgment Order 38

2.Temporary injunctions and interlocutory orders Order 39

3.Appointment of receiver Order 40

4. Appointment of commissioner Order 26

6. Written Statement (Order 8) :- The defendant is required to

fiie written statement of his defense at or before the first

hearing or such time as may be allowed

If defendant disputes maintainability of the suit or takes the plea

that the transaction is void it must be specifically stated. A

general denial of grounds alleged in the plaint is not sufficient

and denial has to be specific. The denial should not be an

evasive denial but it must be on point of substance. Every

allegation of fact in the plaint if not denied specifically or by

necessary implication or stated to be not admitted in the

pleading shall be deemed to be admitted. (ORDER 8 RULE 5

OF CPC)

Before amendment 2002 in C.P.C. there was no time limit to file

written statement by defendant. By amendment 2002 under

order 8 rule 1 of C.P.C. defendant has topresentwritten

statement within 90 days from the date of service of summons

on him. Under this rule discretion is given to court that if

defendant fails to file written statement within a period of 30

days he shall be allowed to file the same on such other day

which may be specified by the court but such period shall not

be later than 90 days from the date of service of summons.

By Amendment 1999 in rule 1-A of order 8 duty is casts upon

the defendant to produce documents on which he bases his

defense or other documents which are in his possession along

with a list.Such list of documents is he supplied with frie written

statement.

7. Production of Documents :- After filing written statement by

defendant the next stage of the suit is documents. On this

stage both parties have to file documents in court which are in

their possession or power. If parties relay on some documents which are not in their possession in that case they have to

apply to court for issue of summons to authority or persons in

whose possession these documents are. The parties have to

deposit in court cost of such production of documents. (Process

fees and bhatta).

8. Examination of parties (Order 10) :-Examination of parties is

an important stage after appearance. At first hearing of the suit

the court shall ascertain from each party or his pleader whether

he admits or denies such allegations of fact as are made in the

plaint or written statement. Such admissions and denials shall

be recorded. The examination may be an oral examination.

When a party, if the pleader of the party who appears, refuses

or is unable to answer any material question court may direct

the concerned party should remain present in the court. If the

party does not remain present court may pass such orders as

deemed fit (ORDER 10 OF CPC.)

9. Discovery and Inspection (Order 11) :- The purpose of

discovery and inspection of document and facts is to enable the

parties to ascertain the facts to be proved. With the leave of the

court the plaintiff or defendant may deliver interrogatories in

writing for examination of opposite parties which are required to

be answered and which are related to the matter.

10. Admission (Order 12) :- Either party may call upon the

other party to admit within seven days from the date of service

of the notice, any document saving all just exception. In case of

refusal or neglect to admit after such notice, the cost of proving

such document shall be paid by the party, so neglecting or

refusing whatever be the result of the suit may be, unless the

court otherwise directs and no cost of proving any such

document shall be allowed unless such notice is given, except

where the omission to give the notice is in the opinion of the court a saving of expenses. The above procedure is rarely

followed by the advocates of parties.

11.Framing of Issue (Order 14):- The next stage is framing

issues. The job of framing issues is exclusively assigned to a

judge. Issues are framed considering provisions of order 14

rule 1 of C.P.C.

Rule 1 sub rule (1) states, "Issues arise when a material

proposition of fact or law is affirmed by one party and denied by

the other."

Sub rule (2) states, "Material propositions are those

propositions of law or fact which a plaintiff must allege in order

to show a right to sue or a defendant must allege in order to

constitute his defense,"

Sub rule (3) States "Each material proposition affirmed by one

party denied by other shall form subject of distinct issues."

• Issues of fact

• Issues of law.

12. Summoning And Attendance Of Witnesses (Order 16) :-

On the date appointed by the court and not later than 15 days

after the date on which issues are settled parties shall present

in court a list of witnesses whom they propose to call either to

give evidence or to produce documents.

13. Hearing Of Suits And Examination Of Witnesses (Order 18)

:- The plaintiff is entitled to have first right to begin unless the

defendant admits the facts alleged by the plaintiff and contends

that either in point of law or on some additional facts alleged by

the defendant the plaintiff is not entitled to any part of relief. In

such case defendant has the right to begin.

The plaintiff has to state his case in front of the judge. The

plaintiff has to submit the evidence that was earlier marked. If

any evidence was not marked earlier then it will not be

considered by the court. Then the plaintiff will be

cross-examined by the defendant's Advocate. The witnesses

from plaintiff's side also have to appear in the court, who are

also cross-examined by the defendant's lawyer.

The defendant also presents his side of the story supported by

his witnesses and evidence from his side. The evidence needs

to be be marked earlier by the court, otherwise it will not be

considered by the court. The plaintiff's lawyer will then

cross-examine the defendant.

14. Argument :- As soon as evidence of both side is over then

the suit is kept for argument. Once the evidence has been

submitted and cross-examination is conducted by the plaintiff

and defendant, both sides are allowed to present a summary of

their case and evidence to the judge in the Final argument

session.

15. Judgment (Order 20) :-Judgment means the statement

given by the judge on ground of which a decree is passed.

The court after the case has been heard shall pronounce

judgment in open court either within one month of completion of

arguments or as soon thereafter as may be practicable, and

when the judgment is to be pronounced judge shall fix a day in

advance for that purpose.

16. Preparation of Decree (Order 20 rule 6, 6A) :- Once the

judgment is delivered by a judge a decree is to be prepared by

concerned clerk.

The decree shall agree with the judgment; it shall contain the

number of the suit, the names and descriptions of the parties,

their registered addresses, and particulars of the claim, and

shall specify clearly the relief granted or other determination of

the suit.

17. Appeal, Review, Revision :-

A. Appeal :- An appeal may be an appeal from order or an

appeal from decree. All orders are not appealable and

complete discretion of the appealable order has been given in

order 43 of the code of Civil Procedure Code. The appeal has

to be preferred within prescribed limitation period before the

appellate court. The limitation period for appeal to High Court is

90 days and appeal to District Court is 30 days. If the period of

limitation is expired, then application for condonation of delay

also is required to be moved.

B.Review :- The right of review is having very limited scope

under the Civil Procedure Code

A review application is maintainable only when the following

conditions are satisfied,

1. If involves a decree or order from which no appeal is allowed

or if allowed it is not preferred.

2. The appellant was aggrieved, on the ground, that because of

the discovery

of a new and important matter of evidence, which, after the

exercise of due diligence, was not within his knowledge or

could not be produced by him at the time of decree or on

account of some mistake, apparently on the face of the record,

or for any sufficient reason, desires to obtain a review of such decree. The other side will be granted an opportunity to be

heard, when any review application has been granted.

R0

C. Revision :- The High Court in its revision jurisdiction can

interfere in any case decided by subordinate court under

certain circumstances.

The High Court may call for the record of any case which has

been decided

by subordinate court and in which no appeal lies, if such

subordinate court appears -

1. To have exercised, a jurisdiction not vested in it by law, or

2. To have failed to exercise a jurisdiction so vested, or

3. To have acted in exercise of its jurisdiction illegally; or with

material

irregularity.

18. Execution of Decree (Order 21) :- Execution is the medium

by which a decree- holder compels the judgment-debtor to

carry out the mandate of the decree or order as the case may

be. It enables the decree-holder to recover the fruits of the

judgment. The execution is complete when the

judgment-creditor or decree-holder gets money or other thing

awarded to him by judgment, decree or order..