1.
Presentation of a Suit:
Section 26 - Institution of suits: Every suit shall be instituted by the presentation of a plaint or
in such a manner as may be prescribed.
Plaint : Order 7
Particulars to be contained in a plaint:
Name of the court
Place of residence of the plaintiff
Place of residence of the defendant
Statement of fact if either of the parties is a minor or sound mind
Cause of action
Jurisdiction of the court
Relief sought
Value of the subject-matter of the suit for the purposes of jurisdiction and of court-
fees
2. Issue and Service of Summons on Defendant (Order 5)
Summons is issued to the defendant to answer and file written statement of his defence within
60 days (1) He may appear -
In person
By a pleader who duly who can answer any questions relating to the suit
By a pleader, accompanied by someone who can answer any questions relating to the
suit
No summons is issued if the defendant is present during presentation of a plaint.
When the defendant doesn’t file a written statement within 30 days, they can file it on any
day as directed by the court, recording in writing the reasons and paying costs. Failing to do
forfeit the right to file the written statement
3. Appearance of Parties (order 5)
Court may order defendant or plaintiff to appear in person if it deems necessary (3)
A party shall be ordered to appear in person only if they reside within the local limits of the
Court’s ordinary original jurisdiction or without such limits but at place less than fifty or less
than two hundred miles distance from the court-house.
4. Ex Parte Decree (order 9)
Where the defendant doesn’t appear when the suit is called on for hearing (6)
When summons duly served, the court may order the suit to be heard ex parte
When summons not duly served the Court shall direct a second summons to be
issued and served on the defendant
When summons served but not in due time the Court shall postpone the hearing of
the suit to a future day to be fixed by the Court
5. Filing of the written statement by the defendant (order 8)
The defendant should file the written statements within 30 days of servicing summons.
Failing to do so, he can file it within 90 days on any days as specified by the court, for
reasons to be recorded in writing (1)
Where the defence bases his defence or counter claim upon any document, he has to make
a list of such documents and produce it before the Court when he presents his written
statement and deliver the copy of such documents (1A)
The defendant must deal specifically with each allegation of fact of which he does not
admit the truth, except damages (3)
Where a defendant denies an allegation of fact in the plaint, he must not do so evasively,
but answer the point of substance (5)
A defendant may set up of counter-claim against the claim of the plaintiff, any right or
claim in respect of a cause of action accruing to the defendant against the plaintiff either
before or after the filing of the suit but before the defendant has delivered his defence or
before the time limited for delivering his defence has expired
6. Production of documents by the parties (Order 7)
When the plaintiff sues or relies upon a document, he shall make a list of it and produce
it to the Court at the time of presentation of plaint along with the copy of the documemts
(14)
7. Examination of the parties by the court (order 10)
At the first hearing of the suit the Court shall ascertain from each party whether they
admit or deny allegations as stated in the plaint of the opposite party and the Court shall
record any such admission or dismissal (1)
The court has the power to orally examine the parties either in the beginning of the suit or
at any subsequent hearing (2)
8. Framing of issues (order 14)
Issues arise when a material proposition of fact or law is affirmed by the one party and
denied by the other. 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 defence. Issue are of two kinds i,e of fact and of law.
The Court, after readding the plaint and the written statement ascertain upon what
material propositions of fact or of law the parties are at variance and proceed to frame and
record the issues (1)
9. Summoning and attendance of the witness (order 16)
The parties shall present a list of witnesses whom they propose to call either to give
evidence or to produce any documents and obtain summons for their appearance. If the
parties show sufficient cause for omission of a witness in the list, the court may permit
the appearance of such witnesses (1)
Expenses for the witness for travelling or any other expenses shall be paid by the parties
to the Court (2)
The sum so paid to the court shall be tendered to the person summoned at the time of
serving the summons.
10. Hearing of Suits and examination of witnesses (order 18)
The plaintiff has the right to begin unless the defendant admits the facts alleged by the
plaintiff and contents that either in point of law or on some additional facts alleged by the
defendant the plaintiff is not entitled to any part of the relief which he seeks, in which
case the defendant has the right to begin (1)
the party having the right to begin shall state his case and produce his evidence in support
of the issues which he is bound to prove. The other party shall then state his case
and produce his evidence (if any) and may then address the Court generally on
the whole case. (2)
