CIVIL SUIT FLOW CHART

By- Manoj Singh, M.Sc.,LL.B

ENJOYMENT OF
CIVIL RIGHTS MISCELLANEOUS/INTERLOCUTORY
BY PERSON/S
APPLICATIONS

CURTAIL ON SUCH • Amendment of Plaint (Or.-VI, R-17)

• Court’s name wherein Plaint is to be
ENJOYMENT • Addition of Parties (Or.-I, R-10)
BY PERSON/S or STATE
presented • Deletion of Parties (Or.-I, R-10)
• PARTIES-∗∗ /
/
(With full Address) • Substitution of Legal Representatives of
• Facts regarding Civil Right and its CAUSE OF ACTION deceased party (Or.-XXII, R-3,4)
enjoyment and obstruction by the parties
• When cause of Action arose.
ARISES
• Application to condone delay of
• Facts regarding Jurisdiction of court- substitution petition (Sec-5 of Limitation
o Territorial Jurisdiction Act)
o Pecuniary Jurisdiction STATEMENTS AND FACTS
 Court Fee WRITTEN DOWN IN AN • Application to set aside abatement of suit
 Suit Valuation CONTENTS APPLICATION IN THE FORM AS against party (Or.-XXII, R-9)
• Facts regarding Bar by any Law PRESCRIBED IN Or.-VII, R.-1
• Intervenor’s petition
• Facts regarding Limitation
• Relief sought for i.e., PLAINT • Temporary Injunction-“Ex-Parte”
• Schedule of Property in Context Injunction
• Verification • Appointment of Advocate Commissioner
• Signature of Parties PRESENTATION OF PLAINT
• Annexure-
for Local Inspection
BEFORE COURT
o Plaint in Duplicate i.e., • Appointment of S.K.P.C.
o Copy of documents relied upon by the INSTITUTION OF SUIT • Application for Notice U/S-80 of CPC
plaintiff for his claim and relief.
• Application seeking permission for
Representative Suit under Or.-I, R-8 of
On the point of Basis of the Suit, Cause of CPC
CALL FOR REPORT FROM
Action, Jurisdiction of the Court, Limitation, • Application seeking permission to sign the
CIVIL SERISTADAR
Court Fee and Stamp Duty, Relief and any
plaint by Plaintiff/s (Or.-VI, R-14)
other defect, etc.
• Application for Gazette Publication
• Application seeking confirmation of
Service of Summons against absent
PLAINT IS NOT WITHIN PLAINT IS WITHIN JURISDICTION defendant/s.
JURISDICTION OF THE COURT AS PER OF THE COURT AS PER REPORT
REPORT FROM CIVIL SERISTADAR FROM CIVIL SERISTADAR • Application seeking permission to abandon
the claim {Or.-XXIII, R-1(1)}
RETURN OF • Application seeking permission to
PLAINT withdraw the suit {Or.-XXIII, R-1(3)}
•
REPORT FROM CIVIL
SERISTADAR HAVING ANY
DEFECT IN PLAINT

ORDER TO REMOVE THE

DEFECT

THE DEFECT NOT THE DEFECT

REMOVED BY
PLAINTIFF/S
REJECTION OF PLAINT
Under Or.-VII, R-11 of CPC
RETURN OF PLAINT
(Or.-VII, R-10 of CPC)
REQUISITES NOT FILED
SUIT DISMISSED
(Or.-IX, R-2 of CPC)
DEFENDANT/S NOT APPEARED
CONFIRMATION OF SERVICE
& EX-PARTE PROCEEDINGS
PLAINTIFF/S’ EVIDENCE
PLAINTIFF/S’ ARGUMENTS
REMOVED BY
PLAINTIFF/S
REPORT FROM CIVIL
SERISTADAR WITHOUT HAVING
ANY DEFECT IN PLAINT
REJECTION OF PLAINT ADMISSION OF SUIT
(Or.-VII, R-11 of CPC)
ORDER TO PLAINTIFF/S FOR FILING
REQUISITES OF SUMMONS FOR
DEFENDANT/S’ APPEARANCE
REQUISITES FILED
ISSUANCE OF SUMMONS FOR
DEFENDANT/S’ APPEARANCE
DEFENDANT/S
APPEARED
MISCELLANEOUS/INTERLOCUTORY
ORDERS
• Return of the Plaint(Or.-VII, R-10)
• Order to remove defect, if any, in Plaint
• Order to file proper Court Fee
• Rejection of the Plaint (Or.-VII, R-11)
o When Plaint does not disclose Cause of
Action
o When Plaintiff/s failed to remove the
defect, if any, in the Plaint
o When Suit is barred by Law of
Limitation or any other Law
o When the Plaint is not filed in
duplicate
o When the plaintiff fails to comply with
the provisions of Rule 9
• Order to add Necessary Party if any
• Dismissal of Suit on failure to implead all
persons interested
• Admission of Suit
• Dismissal of Suit under Or.-IX R.-2
•

EX-PARTE JUDGMENT

EX-PARTE DECREE