STAGES OF CIVIL SUIT

Lavenya.R - 17BLA1043

Meaha. K.V - 17BLB1059

Civil suit
● Any court case that involves disputes between individuals over
money or any other injury to personal rights are known as civil cases.
For a Civil Suit, there are two criterions- the cause of action and the
claim for damages/compensation. The Civil Suit must also fulfil all the
conditions laid down in Section 9 of the Code of Civil Procedure,
1908.
● The Parties in the Civil Suit are addressed as Plaintiff and
Defendant.
Presentation of the Plaint (Order 7 of CPC 1908)
Presentation of the plaint in a court is the initial step of the pleadings in a case. Every
suit commences when the plaintiff files a plaint to the court. The entire judicial system
under the civil law is set in motion by filing the plaint. Order VII deals with the contents
of Plaint and some of the points mentioned under Order VII is mentioned herein below:-

● Particulars
● Name of the Court
● Details of the Party
● Facts of the Dispute involved between the party
● Relief Sort
● Jurisdiction
● The Documents on which the party is relying upon
Issue and Service of Summons on defendant (Order 5)

The second stage is the issue and service of summons on the defendant. Once the
suit is registered, summons is sent by the court to call the person on a specific date
whose name is written in the plaint. Through this, the defendant is notified that a civil
proceeding has commenced against him and he is required to present his defence in
the court.

The court might require the party to appear in person if:

● The party resides within the court’s jurisdiction

● They reside at a place that is less than fifty or if there is railway communication then less than two

hundred miles distance from the Court.

Appearance of the parties

After the summons is served to the defendant, the next stage is

commenced with the appearance of the parties before the court on a
specific date mentioned. The defendant is required to appear in front of the
court, either personally or by a representative. If the defendant fails to
appear on the specified date, the court may proceed ex parte. If the plaintiff
is absent on the date, then the court may dismiss the suit. Where both the
parties are not present, the court dismisses the suit. If the summons was for
the final disposition, then the defendant is required to present evidences or
documents in order to support his case.
Ex-party Decree (Order 9)
Whenever a defendant fails to appear in front of the court on the specified date, the court
may proceed ex-parte. A decree against the defendant in his absence can be passed
under the following circumstances:

1. Where any party from whom a written statement is required fails to present it within the

mentioned time by the court.

2. Where the defendant has not filed a pleading, the court delivers the judgement based on the

facts that are mentioned in the plaint. (Exception: person with any disability)

3. Where the plaintiff is present and the defendant is not. The court might pass an order that

the suit will be heard ex-parte.

 Filing of the written statement by the defendant

The defendant is required to file a written statement of his defence within thirty
to ninety days, as allowed by the court. A written statement is a reply statement
of the defendant denying all the allegations that are made against him by the
plaintiff in the plaint. The defendant can also make counter claims in the written
statement. In case the defendant fails to file a written statement, the court may
take decisions according to the plaint. The provision of written statement is
mentioned in Order 8 of the Code of Civil Procedure,1908.
Production of documents by the parties

After the written statement is filed by the defendant, the next

stage of the suit is the production of documents. Both the plaintiff
and defendant are required to file the documents that are in their
possession. However, if the document that the party is relying
upon, is not in their possession then they can apply to the court
for the issue of summons to the person in whose possession the
document is.
Examination of parties

This is an important stage after appearance. During the first

hearing of the suit the court will ask each party whether they
agree to or denies the allegations that are made in the plaint
and the written statement. The questions can be asked orally by
the judge. Such agreements or denials are recorded by the
judge in writing. The provisions of this stage are mentioned in
Order 10 of the Code of Civil Procedure, 1908.
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.
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.
Framing of issues by the court
● The stage following the examination of parties is the framing
of issues. This step is exclusively dealt by the judge. Issues
arise when a party denies the allegations of the other party.
Each allegation becomes an issue and judgment is delivered
individually on the issues. If the defendant does not make
any defence during the first hearing, then no issues are
formed and judgment is delivered. Order 14 of CPC mentions
the provisions regarding the framing of issues.
Summoning and Attendance of the witnesses:

● After the issues are framed, the parties shall present the list of witnesses, to
the court, whom they propose to call either to provide evidence or to produce
documents. This list should be presented on the date appointed by the court
and not later than fifteen days. The provisions of the same is mentioned in
Order 16 of the CPC.
Hearing of Suits and Examination of Witnesses
(Order 18):

● On the date fixed for hearing of the suit, the party having the right to begin
should start with stating his case and producing the evidences to support the
issue that he is bound to prove. The other party will then continue by stating
his cases and produce evidences. The plaintiff is required to submit the
evidence that were mentioned earlier. The advocate on the defendant’s side
will then cross-examine the plaintiff and any witness that the plaintiff presents.
The same will be the process un the case of the defendant I which the
advocate on the plaintiff’s side will cross-examine him and any witness
presented by him.
Argument:

● After examination of the witness is complete, the suit is kept for argument. In
this stage, both the parties present a summary of the case and evidence in
support of the issues in front of the judge in the final session.
Judgement (Order 20):

● Judgement is the statement that is passed by the judge on the ground of

which a decree is passed. After hearing both sides of the case, the court shall
announce the judgement either immediately or within one month of the
completion of the arguments.
Preparation of Decree:

● After the judgement is delivered, the next step is the preparation of the decree
by the concerned clerk. The decree shall agree with the judgement and
should contain the number of the suit, names and descriptions of the parties,
their addresses, the claims and the reliefs that have been granted. Order 20
Rule 6,6A talks about the provisions for the preparation of Decree.
Execution of Decree(Order 21):

● Through execution, a decree-holder compels the judgment-debtor to carry out

the mandate of the decree or order as the case may be. An execution is
considered to be complete when the creditor gets the money or other claims
awarded to him by judgement, decree or order.
Conclusion:

● Unlike the criminal cases which aims at serving punishments, a civil suit
pursues compensation. It should also be kept in mind that prior to the final
arguments, the parties have a chance to make changes to their pleading. In
such cases, prior permission of the court is necessary. However, if the above-
mentioned procedure is not followed then the registry has the right to dismiss
the suit.