18 Stages of Civil Suit As Per Civil

Procedure Code, 1908

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 cannot 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-parte Decree :- 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 ex parte (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 to presentwritten 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.
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.