18 Stages of Civil Suit As Per Civil

Procedure Code, 1908

1. Presentation of plaint.
2. Service of summons on defendant.
3. Appearance of parties
4. Ex-parte Decree
5. Interlocutory Proceedings
6. Filing of written statement by defendant
7. Production of documents by parties (plaintiff and defendant)
8. Examination of parties
9. Discovery and Inspection
10. Admission
11. Framing of issues by the court.
12. Summoning And Attendance Of Witnesses
13. Hearing Of Suits And Examination Of Witnesses
14. Argument
15. Judgment
16. Preparation of Decree
17. Appeal, Review, Revision
18. Execution of Decree
The detailed discussion of all the stages are given below
1.Plaint (Order 7) :- The entire legal machinery under the Civil Law is set in motion by filing of
plaint and hence plaint is the actual starting point of all pleadings in a case.
The plaint shall contain the following particulars
(i) Name of the court in which suit is to be filed.
(ii) Name, description and place of residence of the plaintiff.
(iii) Name, description and place of residence of the defendant 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.
(viii) Where plaintiff has allowed a set off or relinquishes a portion of his claim, the amount so
allowed for relinquishment.
(ix) Statement of the value of the subject matter of the suit for purpose of jurisdiction and court
fees.
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 on following grounds:
1.Where it does not disclose the cause of action
2.Where the relief claimed is under valued 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.
4. Where the suit appears to be time barred, from the statements in the plaint.
5. When the plaint does not disclose any cause of action.
In ROOPLAL SATHI V/s. SINGH 1982 3SCC 487 it was held that the whole plaint should be
rejected and not a portion of it.
However the rejection of plaint on aforesaid grounds does not bar the plaintiff from presenting a
fresh plaint. (ORDER 7 RULE 13 OF CPC)
2. Service of Summons :- Summons is an instrument used by the court to commence a civil
action or proceedings and is a means to acquire jurisdiction over party. It is a process directed to
a proper officer requiring him to notify the person named, 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.
Defendant to whom a summons has been issued may appear in person or by a pleader duly
instructed or by a pleader accompanied by some person who is able to answer all questions.
To expedite the filing of reply and adjudication of claim, the court may direct filing of written
statement on date of appearance and issue suitable summons for that purpose. Failure to do so
may result in Ex-parte judgment under order 8, rule 10.
The provisions of substituted service have to be resorted when the summons is not served by
normal process through the court bailiff. Where the court is satisfied that there is reason to
believe that the defendant is keeping out of the way for purpose of avoiding service or that for
any others reason the summons can not be served in ordinary way the court shall order
summons to be served by affixing copy thereof in conspicuous part of the house. (ORDER 5,
RULE 20 OF CIVIL PROCEDURE CODE.)
To expedite service of summons one more provision is relating to substituted service under
which the court orders service by an advertisement in a newspaper, the newspaper shall be a
daily newspaper circulating in the locality in which the defendant last resided or carried on
business or personally worked for gain (ORDER 20 RULE – 1A)
3. 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 court may proceed exparte. Where on the
day so fixed it is found that summons has not been served upon defendant is consequence of
failure of plaintiff to pay the court fee or postal charges the court may dismiss the suit. Where
neither the plaintiff nor the defendant appears the court may dismiss the suit. Such dismissal
does not bar fresh suit in respect of same cause of action.
4. Ex-parte Decree :- A decree against the Defendant without hearing him or in his absence or in
absence of his defense can be passed under the following circumstances
1.Where any party from whom a written statement is required fails to present the same within the
time permitted or fixed by the court, as the case may be the court shall pronounce judgment
against him, or make such order in relation to the suit as it thinks fit and on pronouncement of
such judgment a decree shall be drawn up.(ORDER 8, RULE 10 CIVIL PROCEDURE CODE.)
2. Where defendant has not filed a pleading, it shall be lawful for the court to pronounce
judgment on the basis of facts contained in the plaint, except against person with
disability.(ORDER 8, RULE 5(2), CIVIL PROCEDURE CODE.)
3. Where the plaintiff appears and defendant does not appear when suit is called up for hearing
and summons is property served the court may make an order that suit will be heard ex parte
(ORDER 9, RULE 6(1 )(a) OF CIVIL PROCEDURE CODE)
If an exparte decree is passed and the defendant satisfies that he was prevented by sufficient
cause then he has the following remedies open
1. Prefer appeal against decree.
2. Apply for Review.
3. Apply for setting aside the Exparte Decree.
In UCO BANK V/S. IYENGER CONSULTANCY SERVICES, 1994 (SCC) 399 (SUPPLE.) it was
observed that the words Sufficient Cause has not been defined and it will depend on facts and
circumstances of each case.
5. Interlocutory Proceedings :- The period involved between initiation and disposal of litigation is
substantially long. The intervention of the court may sometimes be required to maintain the
position as it prevailed on the date of litigation. In legal parlance it is known as “status quo. It
means preserving existing state of things on a given day.
In that context interlocutory orders are provisional, interim, temporary as compare to final. It does
not finally determine cause of action but only decides some intervening matter pertaining to the
cause.
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 fiie written statement of his
defense at or before the first hearing or such time as may be allowed
If defendant disputes maintainability of the suit or takes the plea that the transaction is void it
must be specifically stated. A general denial of grounds alleged in the plaint is not sufficient and
denial has to be specific. The denial should not be an evasive denial but it must be on point of
substance. Every allegation of fact in the plaint if not denied specifically or by necessary
implication or stated to be not admitted in the pleading shall be deemed to be admitted. (ORDER
8 RULE 5 OF CPC)
Before amendment 2002 in C.P.C. there was no time limit to file written statement by defendant.
By amendment 2002 under order 8 rule 1 of C.P.C. defendant has to presentwritten statement
within 90 days from the date of service of summons on him. Under this rule discretion is given to
court that if defendant fails to file written statement within a period of 30 days he shall be allowed
to file the same on such other day which may be specified by the court but such period shall not
be later than 90 days from the date of service of summons.
By Amendment 1999 in rule 1-A of order 8 duty is casts upon the defendant to produce
documents on which he bases his defense or other documents which are in his possession along
with a list.Such list of documents is he supplied with frie written statement.
7. Production of Documents :- After filing written statement by defendant the next stage of the
suit is documents. On this stage both parties have to file documents in court which are in their
possession or power. If parties relay on some documents which are not in their possession in
that case they have to apply to court for issue of summons to authority or persons in whose
possession these documents are. The parties have to deposit in court cost of such production of
documents. (Process fees and bhatta).
8. Examination of parties (Order 10) :-Examination of parties is an important stage after
appearance. At first hearing of the suit the court shall ascertain from each party or his pleader
whether he admits or denies such allegations of fact as are made in the plaint or written
statement. Such admissions and denials shall be recorded. The examination may be an oral
examination. When a party, if the pleader of the party who appears, refuses or is unable to
answer any material question court may direct the concerned party should remain present in the
court. If the party does not remain present court may pass such orders as deemed fit (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. 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.
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 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.
11.Framing of Issue (Order 14):- The next stage is framing issues. The job of framing issues is
exclusively assigned to a judge. Issues are framed considering provisions of 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 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 witnesses whom they propose to call either to give evidence or to produce
documents.
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. In such case defendant has the right to begin.
The plaintiff has to state his case in front of the judge. The plaintiff has to submit the evidence
that was earlier marked. If any evidence was not marked earlier then it will not be considered by
the court. Then the plaintiff will be cross-examined by the defendant’s Advocate. The witnesses
from plaintiff’s side also have to appear in the court, who are also cross-examined by the
defendant’s lawyer.
The defendant also presents his side of the story supported by his witnesses and evidence from
his side. The evidence needs to be be marked earlier by the court, otherwise it will not be
considered by the court. The plaintiff’s lawyer will then cross-examine the defendant.
14. Argument :- As soon as evidence of both side is over then the suit is kept for argument.
Once the evidence has been submitted 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.
15. Judgment (Order 20) :-Judgment means the statement given by the judge on ground of
which a decree is passed.
The court after the case has been heard shall pronounce 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.
16. Preparation of Decree (Order 20 rule 6, 6A) :- Once the judgment is delivered by a judge a
decree is to be prepared by concerned clerk.
The decree shall agree with the judgment; it shall contain the number of the suit, the names and
descriptions of the parties, their registered addresses, and particulars of the claim, and shall
specify clearly the relief granted or other determination of the suit.
17. Appeal, Review, Revision :-
A. Appeal :- An appeal may be an appeal from order or an appeal from decree. All orders are
not appealable 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
before the appellate court. The limitation period for appeal to High Court is 90 days and appeal to
District Court is 30 days. If the period of limitation is expired, then application for condonation of
delay also is required to be moved.
B.Review :- The right of review is having very limited scope under the Civil Procedure Code
A review application is maintainable only when the following conditions are satisfied,
1. If involves a decree or order from which no appeal is allowed or if allowed it is not preferred.
2. The appellant was aggrieved, on the ground, that because of the discovery
of a new and important matter of evidence, which, after the exercise of due diligence, was not
within his knowledge or could not be produced by him at the time of decree or on account of
some mistake, apparently on the face of the record, or for any sufficient reason, desires to obtain
a review of such decree. The other side will be granted an opportunity to be heard, when any
review application has been granted.
C. Revision :- The High Court in its revision jurisdiction can interfere in any case decided by
subordinate court under certain circumstances.
The High Court may call for the record of any case which has been decided
by subordinate court and in which no appeal lies, if such subordinate court appears –
1. To have exercised, a jurisdiction not vested in it by law, or
2. To have failed to exercise a jurisdiction so vested, or
3. To have acted in exercise of its jurisdiction illegally; or with material
irregularity.
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.
Now we will discuss it in detail below:-
1) Presentation of the plaint Order 7 of CPC 1908:-
Presentation of the plaint in
the court is the first step or starting point of all the pleading in a case in India. The whole judicial
system under the civil law set in motion by the filling the plaint.
For the detailed study of the plaint, you can visit here: Plaint meaning, its essential and particular,
etc.
2) Service of summons on defendant (Order 5):
The second stage of the civil suit is the
service of summons on the defendant. Summons is an instrument used by the court to call the
person whose name is mentioned in the plaint as a defendant. It is a way to inform the person
against whose the civil proceedings have been commenced and he is required to present his
defence in the court. It is a process directed to a proper officer of the court to notify the person
named, that he is required to appear, on a day named and answer the claim in such action.
3) Appearance of parties:
When the summons duly served to the defendant, the next
stage of the civil suit commenced which is the appearance of the parties before the court on the
day fixed. If the defendant does not appear on the day fixed in the summons the court may
proceed ex parte. In the case of the plaintiff, if he is absent court may dismiss the suit. Where
neither parties appear the court may dismiss the suit.
4) Ex-party Decree(Order 9):
As mentioned above if the defendant, on a fixed day in the
summons does not appear the court may proceed ex-parte. Where the plaintiff appears and the
defendant does not appear when a suit is called up for hearing and summons is duly served the
court may make an order that suits will be heard ex-parte under Order 9 of the CPC
1908.
5) Filing of written statement by the defendant(Order 8) :
First of all, we should know
that what is written statement. Actually, it is a pleading of the defendant in the answer to the
plaint filed by the plaintiff against him. It is a reply statement of the defendant in a suit specifically
denying the allegations made against him by the plaintiff in his plaint. The provision regarding the
written statement has provided under Order 8 of the Code of Civil Procedure, 1908.
For more detail about the written statement visit here: Written statement Order 8 of CPC
6) Production of documents by parties (plaintiff and defendant):
After filling the
written statement by the defendant the next stage of the suit is the production of documents by
the parties. At this stage, both parties have to file documents in court which are in their
possession or power. In such a situation, where parties rely on such a document that is not in
their possession then parties have to apply to the court for issue of summons to authority or
persons in whose possession these documents are. In such a case, parties have to deposit in
the court cost of such production of the documents.
7) Examination of parties:
After the filling of the written statement, production of the
documents and appearance of the parties, the important stage commences that is Examination
of the parties. At the first hearing of the suit, the court ascertains from each party or his pleader
whether he admits or denies such allegations of fact as made in the plaint and written statement.
Such admissions and denies shall be recorded.
8) Framing of issues by the Court (Order 14):-
The next of the civil suit is the framing
of issues. It is the duty of the court to framing issues. Order 14 of CPC provides the provision
regarding the framing issues.
9) Summoning and Attendance of Witnesses (Order 16):-
After the framing of
issues parties shall present in the court a list of witnesses whom they propose to call either to
give evidence or to produce documents. Such a list shall be present in the court on the day
appointed and not later than 15 days after the date on which issues are settled.
10) Hearing of suits and examination of witnesses:-
 After the summoning of the
witnesses, the next stage of the civil suit is hearing of suits and examination of witnesses
commence. First right to begin is of plaintiff unless the defendant admits the facts alleged by the
plaintiff and contend 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, in such a case the defendant has the
right to begin.
The plaintiff has to submit the evidence that was earlier marked if any evidence was not
marked earlier then it will not be considered by the court. And the defendant’s advocate will
cross-examine the plaintiff and also to the witnesses who are from the plaintiff’s side.
And the defendant also presents his side of the story supported by his witnesses and
evidence from his side and the plaintiff advocate also cross-examined the defendant.
11) Argument:-
As soon as the stage of the hearing of suits and examination of witnesses is
over then the suit is kept for the next stage i.e. argument. Once the evidence has been submitted
and cross-examination is conducted by both parties, then both sides are allowed to present a
summary of the case and evidence to the judge in the final session.
12) Judgment:-
The next stage of the civil suit is judgment, which means the statement
given by the judge on the ground of which a decree is passed.
13) Preparation of Decree:-
After the delivery of the judgment, the next stage is the
preparation of Decree, and it is to be prepared by the concerned clerk.
14) Execution of Decree:-
In this stage, decree-holder compels the judgment-debtor to out the mandate of the decree or
decree or order as the case may be. It is the process by which a decree-holder recovers the
fruits of the judgment. The execution is complete when judgment creditor or decree-holder gets
money or other thing awarded to him by judgment, decree or order.