Process of Civil Case/ Suit in India

Civil law in India is guided by the Civil Procedure Code. The exact process is
per the Section, Order, and Rule prescribed under the Civil Procedure
Code. There is a stepwise procedure in the matter of civil law
proceedings. There are other civil cases such as

❖ Banking Dispute under the Sarfesi Act,

❖ Consumer Protection Act,
❖ Insolvency, and Bankruptcy Code, which is not under the ambit of
the Civil Procedure Code. Still, they follow the same procedure,
which is being explained further.

Steps Involved in Filing a Civil Case

While filing a civil case may seem tedious, with the right help, it is not a
difficult job. Find the best civil lawyers at Rest The Case and simplify the
process. Below is the stepwise and detailed procedure required under Civil
cases or Civil suits.

Step 1: Draft a Plaint/Petition

The first step required in the Civil Law for the institution of a suit is Plaint's
filing. The drafting of the Plaint shall be done as per the requirement
prescribed in CPC. The most important thing that must be kept in mind is
that the facts and law shall contend in the Plaint so that Plaint shall look
prima facie maintainable before the Court, under whose jurisdiction the
Plaint has been filed.

The vital information which has to be furnished under Plaint are:

• the name of the Court in which the suit is brought

• the name, description, and place of residence of the Plaintiff
• the name, description, and location of residence of Defendant, so far as they can
be ascertained
• where the Plaintiff or the Defendant is a minor or a person of unsound mind, a
statement to that effect
• the facts constituting the cause of action and when it arose
• the facts showing that the Court has jurisdiction
• the relief which the plaintiff claims
• where the Plaintiff has allowed a set-off or relinquished a portion of his claim,
the amount so allowed or relinquished
• a statement of the value of the subject matter of the suit for jurisdiction and of
court fees, so far as the case admits
Step 2: Defendant's Appearance and Written Statement Filing

After the Plaint's admission, the court issues notice to Defendant;

thereafter, Defendant enters the appearance before Ld. Trail Court. After
that, Defendant has to file the written statement within the statutory
period of thirty days from the date of receipt of the notice. The written
statement is counter to the Plaint, which Plaintiff has filed. Under Order 8
Rule 1, the thirty-day statutory period can be extended for the next sixty
days.

If the written statement has not been filed within ninety days, the Ld Trial
Court can close the Defendant's right to file a written statement and
proceed with due course of law.

Step 3: Time Limits and Consequences for Defendant's

Appearance and Written Statement in Civil Cases

Although as per the order prescribed under the civil procedure code, there
are time limits prescribed for the procedure required for proceeding with a
suit. Once the Plaint is filed before the Court, and thereafter court issues
the summons to the Defendant/ Respondent, thereafter the Defendant
has to enter the appearance and also has filed the written statement
within 30 days from the date of service of summons to the Defendant,
which can be extended till 90 days as per order 8 rule 1 of CPC. If the
Defendant fails to enter an appearance before the Court or fails to file the
Written Statement, then in such cases, the Court has the power to proceed
for ex-parte proceeding, i.e., the Court can proceed by closing the
Defendant's rights.

Step 4: Exception

Under order 8 rule 1, if Defendant fails to file a written statement within 90

days, the written can be filed by Defendant by applying for condonation of
delay. Defendant has given a valid reason for the delay to the Court. If the
Court is satisfied that delay occurred due to valid reason, then in such case,
the Court can accept the written statement being filed by Defendant, and
the same can be taken on record.

Step 5: Filing a Rejoinder (Replication)

Although there is no filing of subsequent defense, once the written

statement has been filed, if a plaintiff wants to file the Rejoinder, he can file
the same but by seeking due permission of the Court and the filing of
Rejoinder shall not exceed the limit of 30 days from date of grant of
permission of the Court under Order 8 rule 6. The Rejoinder is also termed
as Replication under Civil Law.
Step 6: Evidence Proceedings and Examination of Parties

Once the aforesaid steps are complete before the Court, the Trial Court
proceed to Evidence of the case, firstly, the Court proceeds with the
admission and denial of the documents, wherein both the parties with
respect to their claim and defense have to admit and deny the specific
documents which the Court has filed.

After the process of admission and denial, the court proceeds with the
examination process wherein both the parties have to file the Evidence by
way of affidavits, and the supporting documents which have been
annexed in the Plaint as well as in the written statement shall be exhibited
by the Plaintiff as well as the Defendant. Thereafter the cross-examination
of the parties takes place.

Note:- If the Court has proceeded ex parte in a particular case, then the
Court will proceed the matter with ex parte evidence, wherein only the
Plaintiff has to file the Ex parte Evidence by way of AAffidavitand exhibit
the documents which the Court has annexed.

Step 7: Presentation of Arguments by Parties

After completing the evidence process in a particular case, the Court

proceeds to the final stage, which is the arguments wherein both the
parties present their arguments before the Court based on the Plaint,
written statement, and based on the examination of documents and
parties before the Court.

If the Court proceeds ex-parte in any proceeding, then the Arguments take
place as Ex-Parte Arguments.

Step 8: Court's Decision - Granting Decree or Dismissing

Plaintiff's Claim

Once the Argument before the Court is complete, the Ld court, after going
through the whole case and proceeding, reserves the order of the case and
based on that, if a court finds that the claim of the Plaintiff is legitimate, it
grants the decree on that basis.

If the Court finds that Plaintiff's claim is not legitimate, the Court shall
dismiss the Plaintiff filed by Plaintiff.

Note: Even if the Court proceeded with Ex-parte, but at any stage, the
Court found that the Plaint filed by the Plaintiff is not, maintainable or the
claim of the Plaintiff is not a legitimate claim, then the Court can dismiss
the Plaint, even after the Court has initiated ex-parte for the same.