The Civil Suit is basically a dispute which arises between two people or two organizations wherein a subject for dispute is limited to monetary transaction and dispute related to immovable property. The Civil Suit, if it is personal in nature than it is governed under Civil Procedure Code and if it is related to business transaction than Commercial Court Act also plays a great role to set out the procedure. The Parties in the Civil Suit are addressed as Plaintiff and Defendant. The Plaintiff will present the facts of the case and he might ask for following things in the Plaint:-
- Any other particular which may differ from matter to matter.
Flow Of Civil Cases Under Civil Procedure Code, 1908
There are 18 Stages of Civil Suit as per Civil Procedure Code, 1908 which are being followed for proper approach of case
1. Plaint (Order 7):-
The entire legal machinery under the Civil Law is set in motion by filing of the plaint is must and hence plaint is the actual starting point of all civil pleadings in a case. The plaint shall contain the following particulars for making it successful plaint
(i) Name of the court in which suit is to be filed should be mentioned.
(ii) Name, description and place where the plaintiff resides.
(iii) Name, description and place of residence of the defendant where he resides 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.
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 if the following grounds were there:
1.Where it does not disclose the cause of action
2.Where the relief claimed is undervalued 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 it can be ground for dismissal.
4. Where the suit appears to be time barred and time is overed
5. When the plaint does not disclose any cause of action.
2. Service of Summons: –
Summons is an instrument used by the court for calling and to commence a civil action or proceedings and is a means to acquire jurisdiction over the party. It is a process directed by court to a proper officer requiring him to notify the person named in the summons, 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 on the fixed date by the court.
Defendant to whom a summons has been issued may appear himself or by a pleader duly instructed or by a pleader accompanied by some person who is able to answer all questions on the day of the hearing.
- 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 on the date of hearing then court may proceed ex parte decree.
4. Ex-parte Decree:-
Though in some circumstances a court can award an ex parte decree. When the plaintiff appears and the defendant doesn’t, at the time when the suit is called out for hearing and the defendant is duly served with the summon of appearance, then the court may hear the suit ex parte and pass the decree against him
If an ex-parte decree is passed and the defendant satisfies the court that he was prevented by sufficient cause then he has the following remedies open which can be used by him
1. Prefer appeal against decree.
2. Apply for Review.
3. Apply for setting aside the Ex-parte Decree.
5. Interlocutory Proceedings :-
Interlocutory orders are provisional, interim, temporary in nature as compare to final order. It does not finally determine cause of action of a case but only decides some intervening matter pertaining to the cause by the court.
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 file written statement of his defense at or before the first hearing or such time as may be allowed by the court. If defendant disputes maintainability of the suit or takes the plea that the transaction is void in nature then it must be specifically stated in written statement. A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific. (ORDER 8 RULE 5 OF CPC)
7. Production of Documents:-
After filing written statement by the defendant, the next stage of the suit is the submission of documents. On this stage both parties have to file documents in the court which are in their possession or power. If parties relay on some the documents which are not in their possession in that case they have to apply to the court for issue of the summons to authority or persons in whose possession these documents are there so that document can be produce. The parties have to deposit the cost as court fees for such production of documents (Process fees and bhatta).
8. Examination of parties (Order 10):-
Examination of the parties is an important stage after appearance in the court. At first hearing of the suit the court shall ascertain from each of the party or his pleader whether he admits the facts or denies such allegations of the fact as are made in the plaint or written statement submitted in the court. Such admissions and denials shall be recorded by the court. The examination may be an oral examination also provide under 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 done by court only . 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 in the court 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 the court. In case of the refusal or the neglect to admit after such notice, the cost of proving such document shall be paid by the party only , so neglecting or refusing whatever will 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 of the given 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 job of the framing issues is exclusively assigned to a judge so that it can be seen that what are major issues of case. Issues are framed will considering provisions of the 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 given 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 the witnesses whom they propose to call either to give evidence or to produce documents in the court.
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 then In such case defendant has the right to begin the case.
As soon as the evidence of both plaintiff and defendant is over then the suit is kept for argument by the court. Once the evidence has been submitted in the court 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 so that decision can be taken.
15. Judgment (Order 20):-
Judgment means the statement given by the judge in the court on ground of which a decree is passed. The court after the case has been heard shall pronounce the 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 and judgment should be duly sign by the court.
16. Preparation of Decree under Order 20 Rule 6 and Rule 6A :-
Once the judgment is delivered by a judge and sign by the judge a decree is to be prepared by concerned clerk. The decree shall agree with the judgment given by judge; it shall contain the number of the suit, the names and descriptions of the parties, their registered addresses, and particulars of the claim by plaintiff, and shall specify clearly the relief granted to plaintiff or other determination of the suit.
- Appeal, Review, Revision:-
An appeal may be an appeal from the order or an appeal from the decree. All orders are not appealable in nature 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 by the appellate before the appellate court. The limitation period for appeal to the High Court is 90 days and appeal to the District Court is 30 days provided under provision. If the period of limitation is expired, then application for condonation of delay also is required to be moved in the court with sufficient grounds.
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.
As a conclusion, there will be no denying to say that the jurisprudential aspect of the Code of Civil Procedure carries with itself the essence of the civil procedural rights of the citizens which enables them to claim their right and cause of action with its violation thereof expediently and with best effort till end of the suit to meet the ends of justice. The civil procedure therefore walks hand in hand and shoulder to shoulder with the spirits of social process and society at large and cannot be ignored keeping in view, it rather protects the procedural interests of the citizens for a better social arena.
Frequently asked Questions (FAQs)
Q1. What is the scope of Civil Procedure of code?
The Code is exhaustive on the matters directly dealt by it but it is comprehensive in other issues. Hence the framers of the code (legislature) provided inherent powers to the court to meet such circumstances (where the code could not provide a procedure) according to the principles of natural justice, equity and good conscience.
As this Code is a general procedural law, it does not contradict with the local or special law in force. In the event of any conflict between the civil procedure code and the special law, the special law will prevail over the civil procedure code.