Handout 3 – Introduction to the Code and Stages of a Civil Suit

Code of Civil Procedure

History and Objective behind the enactment of the Code of Civil Procedure 1908

The Code of Civil Procedure (CPC) was enacted in India with the primary objective of
providing a comprehensive set of procedural rules for the conduct of civil suits and
proceedings in the country. The enactment of the CPC served several purposes and
addressed various concerns within the legal system.

The Code of Civil Procedure has undergone amendments over the years to keep pace with
legal developments and societal changes. It was first enacted in the year 1859 as Act No. 8
of 1859. The Code was, thereafter, amended several times in the years 1860, 1861, 1878,
1879, and 1882. After facing these many amendments, finally, the Code of Civil Procedure
was re-enacted in the year 1908, and it came into force with effect on 1 January 1909.

Preamble of the Code of Civil Procedure 1908

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of
the Courts of Civil Judicature; it is hereby enacted as follows:

Difference between a Code and an Act

In legal terminology, the terms "Act" and "Code" refer to different types of legislative
instruments. An Act is a standalone piece of legislation that addresses a specific area or
issue. It is typically focused on a particular subject matter, and each Act usually deals with
specific provisions related to that subject (For instance, HMA, HSA, HAMA, etc.). A Code, on
the other hand, is a comprehensive and systematic compilation of laws on a particular
subject. It tends to cover a broader range of legal provisions and often consolidates and
codifies existing laws on a specific topic into a single, comprehensive document. (For
instance, Uniform Civil Code).
Acts are often more specific and may deal with a particular aspect or area of law. For
example, the Companies Act deals specifically with matters related to the incorporation,
regulation, and dissolution of companies. While the Codes are generally more
comprehensive, attempting to cover an entire field of law. For instance, the Indian Penal
Code is a comprehensive legal code that encompasses a wide range of criminal offenses and
their punishments.

Introduction to the Structure of CPC

The Code contains 158 Sections under various parts and a Schedule which has 51 Orders.
Each Order has several rules.

The Sections provide provisions related to general principles relating to exercise of

jurisdiction and general conduct of civil proceedings whereas the Orders and Rules
prescribe actual procedures that govern civil proceedings in India.

Stages of a Civil Suit

STAGE I – BARS TO THE SUIT

A civil suit starts from the occurrence of a cause of action which gives rise to a right to
claim relief. Before filing any civil suit, it is important to know if it is barred from the
jurisdiction of a civil court on any grounds, in which case the suit may be dismissed. A suit
may be checked for the following bars:
Bar of Section 9: The first step is to analyze the facts of the case in order to check whether
it is a case of ‘civil nature’ as per Section 9 of CPC.
Bar of Order 9 Rule 9: Next step is to check with your client if he filed any suit on the same
grounds in the past in which he might not have appeared causing the suit to be dismissed
(in such case, restoration application may be filed, but new suit by the plaintiff is barred).
Bar of Res Sub Judice, Res Judicata or Constructive Res Judicata: To be checked if the
matter directly and substantially in issue is undergoing decision or has already been
decided or deemed to have been decided as mentioned under Section 10 and 11 of CPC.
Bar of Order II Rule 2: It is to be checked if the claim has been relinquished in a previous
suit on the same cause of action without leave of the court.
Bar of Limitation: To be checked by application of The Limitation Act of 1963.
STAGE II - JURISDICTION
Once it is certain that the matter does not suffer from any kind of bar, the next stage
involves identifying the place of suing in order to institute the suit in an appropriate forum.
For this, the nature of the dispute needs to be analyzed- whether it relates to immovable
property, movable property, torts or if it is a contractual dispute involving an individual or
corporate. Sections 16 to 20 are examined for deciding the place of suing.
Once the place to file the suit is identified, it also needs to be checked if the forum being
approached is the court of the lowest grade competent to try it (Section 15). Court of
lowest grade within the chosen territory is the court which is at the lower most level of the
hierarchy of courts competent to try the amount involved or the value of the subject matter
in the suit at hand within the pecuniary limits of its ordinary original civil jurisdiction
(Section 6).
 STAGE III – PRESENTATION OF PLAINT
Section 26 provides for institution of suits. While instituting a suit by filing a plaint, it is
important to consider rules regarding pleadings as mentioned in Order VI with special
reference to the contents of plaint described under Order VII. Thus, it becomes crucial to
check the dos and don’ts as per the rules contained in these Orders before filing the plaint.
If in case your plaint is filed in the wrong forum, it shall be returned under Order VII Rule
10 or the plaint may also be rejected under Order VII Rule 11, if it is hit by any of the
grounds mentioned therein.
STAGE IV – SUMMONS TO THE DEFENDANT
Where the plaint gets admitted, summons is sent to the defendant under Order V to enter
appearance and answer the claim against him by filing a written statement. Rules of this
order entail various modes of service of summons including substituted service.
STAGE V – APPEARANCE AND NON-APPEARANCE OF PARTIES
When a date for appearance of parties is fixed by the court, several scenarios become
likely- either the defendant or the plaintiff may not appear on the date fixed or both of
them may not appear. Such situations carry separate consequences which are discussed
under Order IX.
STAGE VI – INTERLOCUTORY PROCEEDINGS (OPTIONAL STAGE)
During the course of the case proceedings, the court may pass interim orders to settle any
intervening matter on a temporary basis (till further orders or finality of the suit). Such
orders may be passed under Order XXIV, XXV, XXVI, XXXVIII, XXXIX, XL and XLI.
STAGE VII – WRITTEN STATEMENT
The defendant files his reply to the plaint filed by the plaintiff under Order VIII which is
called written statement. Here, the defendant is required to specifically deny the
allegations made in the plaint or admit them. He may make preliminary objections such as
jurisdiction or certain other pleas or defences such as claiming a set off or making a
counterclaim.
STAGE VIII – DISCOVERY AND INSPECTION
If the opponent's case is not clearly established through its pleadings, a party may apply for
discovery and inspection under Order XI in order to compel him to disclose certain
documents or facts. Discovery is of two kinds: discovery of documents and discovery by
interrogatories (set of questions served to the other party in writing). One party may also
inspect documents of the other party with the permission of the court.
Admission (Order XII): Section 58 of Indian Evidence Act lays down that facts admitted
need not be proved. Similarly, if a party admits a certain fact, the court may pass a
judgment on the same as per Rule 6 of Order XII.
Production of Documents (Order XIII): If the documents relied upon in the pleadings have
been attached as copies, then the originals need to be produced before the court before
settlement of issues.
STAGE IX – EXAMINATION OF PARTIES & FRAMING OF ISSUES
Under Order X Rule 2, the court examines the parties orally on the basis of their assertions
and denials with the view to elucidate the matters in controversy by ascertaining how far
the allegations made in the pleadings of one party are admitted or denied by the other.
Issues are framed by the court under Order XIV. Each issue is a matter of controversy
between the parties which is proved and disproved in the hearings during the trial
conducted by the civil court so as to reach a decision on the same.
STAGE X – SUMMONING & ATTENDANCE OF WITNESSES
Now that the issues are framed, each party calls its witness to prove its case. Procedure of
summoning and attendance of witnesses is given under Order XVI
STAGE XI – HEARING OF A SUIT
This is the stage where the trial of the suit begins under (Order XVIII). In the course of
these hearings, the parties and the witnesses give their statements and testimonies subject
to the Indian Evidence Act. This involves examination in chief and cross examination.
At the conclusion of the hearing, arguments take place (orally as well as in writing) in order
to convince the judge about the contentions of each party.
STAGE XII – JUDGMENT
Judgment is pronounced in an open court under Order XX. Decree is drawn up 15 days
after the judgment is pronounced.
STAGE XIII – REFERENCE & CHALLENGES (OPTIONAL)
Under CPC, several mechanisms exist to refer a question for clarity or challenge the
decision of a civil court on different grounds.
Reference: This mechanism can be utilized whenever, during the course of legal
proceedings, a question of law arises with respect to the validity of a statute or its
provision. In such case, a lower court can refer such question to a higher court for opinion
under Order XLVI read with Section 113.
Review: This mechanism can be utilized after the judgment has been pronounced and
there is an error apparent on the face of record or there is an additional evidence procured
after the judgment which could not be obtained earlier even by exercising due diligence. In
such case, review of the judgment by the same court can be applied for under Order XLVII
read with Section 114.
Revision: This process can be utilized particularly in case of non-appealable decisions on
several grounds relating to jurisdictional errors and irregularities as mentioned under
Section 115 for filing a revision petition before a High Court during pendency or after the
decision has been made.
Appeals: Section 96 to 112 and Orders 41 to 45 deal with Appeals. An appeal can be filed
for challenging a court’s order during the pendency of the suit or against its final decision
(decree).
STAGE XIV – EXECUTION PROCEEDINGS (OPTIONAL)
If the need arises, an application may be filed in the court for the enforcement of its
decision (decree) as mentioned under Order XXI. There are various modes of execution of
a decree including arrest and detention, attachment, delivery of possession, etc. The
applicant may specify a preferred mode, or the court may direct an appropriate mode to be
used as per the nature of the relief granted and other factors such as the assets available
with the defendant.
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