Civil Trial

A civil case usually begins when one person or business (called the "plaintiff")
claims to have been harmed by the actions of another person or business (called
the "defendant").  The plaintiff starts a court case by filing a "complaint" (a
document that outlines the plaintiff’s facts and legal theories and makes a request
for relief).  In the complaint, the plaintiff might:
 Ask the court for "damages," meaning money to pay the plaintiff for any harm suffered
 Ask for an "injunction," which is a court order to prevent the defendant from doing
something or to require the defendant to do something
 Ask for a "declaratory judgment," meaning a court order stating the parties' rights under
a contract or statute
 Eventually, a judge or jury will determine the facts of the case (in other words,
figure out what really happened) and then apply the appropriate law to those
facts.  Based on their analysis of the law and facts, the judge or jury will make a
final “judgment” (sometimes also called a "decision" or "order") and decide
what legal consequences flow from the parties' actions.
 The parties also might resolve the case themselves.  At any time during a case,
the parties can agree to settle their disputes and reach a compromise to avoid
trial and the risk of losing.  Settlement often involves the payment of money and
can be structured to result in an enforceable judgment.
 Types of Cases In Civil Court
Civil courts handle a wide variety of cases.  Very broadly, civil cases may involve
such things as:
 Tort claims.  A "tort" is a wrongful act (sometimes called a "tortious" act) that causes
injury to someone's person, property, reputation, or the like, for which the injured
person is entitled to payment.  Cases involving personal injury, battery, negligence,
defamation, medical malpractice, fraud, and many others, are all examples.
 Breach of contract claims.  A breach of contract case usually results from a person's
failure to perform some term of a contract, whether the contract is written or verbal,
without some legitimate legal excuse.  Examples include lawsuits for not completing a
job, not paying in full or on time, failing to deliver goods sold or promised, and many
others.
 Equitable claims.  An "equitable claim" usually asks the court to order a party to take
some action or stop some action.  It might be joined with a claim for money.  Cases for
a court order to stop the destruction of property, the sale of land, or the marketing to a
business' customers are are examples.
 Landlord-tenant claims.  Civil courts handle disputes between landlords and tenants.
 Cases where a landlord is trying to evict a tenant, or a tenant has moved out and is
suing a landlord for the return of a security deposit are examples.
INSTITUTION OF SUIT

 The procedure for institution of suit has been laid down under Section 26 r/w
Order IV R 1 of the Civil Procedure Code which provides:

“Suit to be Commenced by Plaint (1) Every suit shall be instituted by

presentation of plaint in duplicate supported by affidavit and duly verified by
one of the parties pleading or by some other person proved to the satisfaction of
the Court to be acquainted with the facts of the case”.
Contents of Plaint

 Plaint is in proper form as per Order 7 Rule 1 of Civil Procedure Code

 Complete address of the parties
 Valuation of suit is properly mentioned.
 Proper Court fee has been paid.
 Court has got pecuniary and territorial jurisdiction
 Suit is not barred by the law of limitation.
 Is the suit barred by the law of limitation or any other law
General principles- Jurisdiction

 From various decisions of the Hon‘ble Supreme Court, the following general
principles relating to jurisdiction of a Civil Court emerge:
a. A Civil Court has jurisdiction to try all suits of civil nature unless their
cognizance is barred either expressly or impliedly.
b. Consent can neither confer nor take away jurisdiction of a Court.
c. A decree passed by a Court without jurisdiction is a nullity and the validity
thereof can be challenged at any stage of the proceedings, in execution
proceedings or even in collateral proceedings.
d. There is a distinction between want of jurisdiction and irregular exercise
thereof
e. Every Court has inherent power to decide the question of its own jurisdiction.
General principles- Jurisdiction

a. The jurisdiction of a Court depends upon the averments made in a plaint and
not upon the defense in a written statement.
b. For deciding the jurisdiction of a Court, the substance of a matter and not its
form is important.
c. Every presumption should be made in favor of the jurisdiction of a Civil Court.
d. A statute ousting the jurisdiction of a Court must be strictly construed.
e. Burden of proof of exclusion of the jurisdiction of a Court is on the party who
asserts it.
f. Even where jurisdiction of a Civil Court is barred, it can still decide whether
the provisions of an Act have been complied with or whether an order was
passed de hors the provisions of law
- Documents required along-with the
plaint-(Order VII Rule 14)

 Where a plaintiff sues upon a document in his possession or power, he shall

produce it in Court when the plaint is presented, and shall at the same time
deliver the document or a copy thereof to be filed with the plaint.

 Where any such document is not in the possession or power of the plaintiff,
he shall, where possible, state in whose possession or power it is.
- Documents required along-with the
plaint-(Order VII Rule 14)

 A document which ought to be produced in Court by the plaintiff when the

plaint is presented, or to be entered in the list to be added or annexed to the
plaint but is not produced or entered accordingly, shall not, without the leave
of the Court, be received in evidence on his behalf at the hearing of the suit.

 Nothing in this Rule shall apply to document produced for the cross-
examination of the plaintiff's witnesses, or, handed over to a witness merely
to refresh his memory.
But, at the same time, it is also to be noted that nothing prevents the Court in
its discretion to grant leave subsequent to the documents being produced before
the Court even though such documents were not entered in the list annexed to
the plaint. It would depend upon the facts of each case. Undoubtedly, the order
of the Court in that regard will have to be a speaking and reasoned order.
Mohanraj Rupchand Jain v. Kewalchand Hastimal Jain AIR 2007 Bombay 69
Notice of suit-

 Where a person sues, or is sued, or defends, a suit on behalf of himself and

others, any decree that may be passed in the suit is binding upon them all
(Section 11 Explanation VI), unless the decree has been obtained by fraud or
collusion (Section 44, The Evidence Act).
 It is , therefore necessary that the notice of the suit should be given to all the
parties who would be bound by the decree. It is the duty of the Court to
cause service of the notice or an advertisement to be published.
Rejection of plaint

 Order 7 Rule 11-The plaint shall be rejected in the following cases:-

(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required
by the Court to correct the valuation within a time to be fixed by the Court,
fails to do so;
Rejection of plaint

(a) where the relief claimed is properly valued, but the plaint is returned upon
paper insufficiently stamped, and the plaintiff, on being required by the
Court to supply the requisite stamp-paper within a time to be fixed by the
Court, fails to do so;
(b) where the suit appears from the statement in the plaint to be barred by any
law ;
Rejection of plaint

(a) where it is not filed in duplicate;

(b) Where the plaintiff fails to comply with the provisions of Rule 9
(c) Provided that the time fixed by the Court for the correction of the valuation
or supplying of the requisite stamp-paper shall not be extended unless the
Court, for reasons to be recorded, is satisfied that the plaintiff was prevented
by any cause of an exceptional nature form correcting the valuation or
supplying the requisite stamp-paper , as the case may be, within the time
fixed by the Court and that refusal to extend such time would cause grave
injustice to the plaintiff
SERVICE OF SUMMONS

 Practically after the presentation of the plaint and after perusing the report
of the court officer when it is found to be in order, the Court is required to
draw a detailed order on the point of admission of the suit.
 It may pointed out that expression ―admission‖ does not figure in the Code,
but before issuing the summons to the defendants as per Order 7 Rule 9 the
Court need to draw a specific order on the following points:
1. Valuation of the Suit
2. Court Fee Paid
3. Within the Jurisdiction of the Court
4. That the Plaint is in proper form ( Detailed in O7 Rule1
Procedure on admitting plaint (Order 7
Rule 9)

Where the Court orders that the summons be served on the defendants in the
manner provided in Rule 9 of Order V, it will direct the plaintiff to present as
many copies of the plaint on plain paper as there are defendants within seven
days from the date of such order along with requisite fee for service of summons
on the defendants.
 Delivery of summon by Court

Delivery or transmission of summons for service (Order 5 Rule 9)-

(1) Where the defendant resides within the jurisdiction of the Court in which the
suit is instituted, or has an agent resident within that jurisdiction who is
empowered to accept the service of the summons, the summons shall, unless
the Court otherwise directs, be delivered or sent to the proper officer to be
served by him or one of his subordinates or to such courier services as are
approved by the Court.
 Delivery of summon by Court

(1) The proper officer may be an officer of a Court other than that in which the
suit is instituted, and, where he is such an officer, the summons may be sent
to him by post or in such other manner as the Court may direct.
(2) The services of summons may be made by delivering or transmitting a copy
thereof by registered post acknowledgment due, addressed to the defendant
or his agent empowered to accept the service or by speed post or by such
courier services as are approved by the High Court or by the Court referred to
in sub-Rule (!) or by any other means of transmission of documents (including
fax message or electronic mail service) provided by the Rules made by the
High Court.
 Notwithstanding anything contained in sub-Rule (1), where a defendant
resides outside the jurisdiction of the Court in which the suit is instituted,
and the Court directs that the service of summons on that defendant may be
made by such mode of service of summons as is referred to in sub-Rule (3)
(except by registered post acknowledgment due), the provisions of Rule 21
shall not apply.
 When an acknowledgment or any other receipt purporting to be signed by the
defendant or his agent is received by the Court or postal article containing
the summons is received back by the Court with an endorsement purporting
to have been made by a postal employee or by any person authorised by the
courier service to the effect that the defendant or his agent had refused to
take delivery of the postal article containing the summons or had refused to
accept the summons by any other means specified in sub-Rule (3) when
tendered or transmitted to him.
 The Court issuing the summons shall declare that the summons had been duly
served on the defendant: Provided that where the summons was properly
addressed, prepaid and duly sent by registered post acknowledgment due, the
declaration referred to in this sub-Rule shall be made notwithstanding the
fact that the acknowledgment having been lost or mislaid, or for any other
reason, has not been received by the Court within thirty days from the date
of issue of summons.
APPEARANCE OF DEFENDANT

 Written statement (Order 8 Rule 1)-

The defendant shall within thirty days from the date of service of summons on
him present a written statement of his defence. Provided that where the
defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the same on such other day, as may be specified
by the Court, for reasons to be recorded in writing, but which shall not be later
than ninety days from the date of service of summons.
Ascertainment whether allegations in pleadings
are admitted or denied (Order 10 Rule 1)

At the 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 (if any) of the opposite party, and as are not
expressly or by necessary implication admitted or denied by the party against
whom they are made. The Court shall record such admissions and denials.
Direction of the Court to opt for any one mode of
alternative dispute resolution(Order 10 Rule 1A)

After recording the admissions and denials, the Court shall direct the parties to
the suit to opt either mode of the settlement outside the Court as specified in
sub-Section (1) of Section 89. On the option of the parties, the Court shall fix the
date of appearance before such forum or authority as may be opted by the
parties.
Oral examination of party, or companion
of party (Order 10 Rule 2)
 (1) At the first hearing of the suit, the Court— (a) shall, with a view to
elucidating matters in controversy in the suit examine orally such of the
parties to the suit appearing in person or present in Court, as it deems fit;
and (b) may orally examine any person, able to answer any material question
relating to the suit, by whom any party appearing in person or present in
Court or his pleader is accompanied.
 (2) At any subsequent hearing, the Court may orally examine any party
appearing in person or present in Court, or any person, able to answer any
material question relating to the suit, by whom such party or his pleader is
accompanied.
 (3) The Court may, if it thinks fit, put in the course of an examination under
this Rule questions suggested by either party.
SETTLEMENT OF ISSUES

 Framing of issues(Order 14 Rule 1)—

(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the
other.
(2) 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.
(3) Each material proposition affirmed by one party and denied by the other shall form the subject of
distinct issue.
(4) Issues are of two kinds: (a) issues of fact, (b) issues of law.
(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if
any, and [after examination under Rule 2 of Order X and after hearing the parties or their pleaders],
ascertain upon what material propositions of fact or of law the parties are at variance, and shall
thereupon proceed to frame and record the issues on which the right decision of the case appears to
depend.
(6) Nothing in this Rule requires the Court to frame and record issued where the defendant at the first
hearing of the suit makes no defence.
Hearing of the suit and examination of
witnesses
 List of witnesses and summons to witnesses.(Order 16Rule 1)—

(1) On or before such date as the Court may appoint, and not later than fifteen
days after the date on which the issues are settled, the parties shall present
in Court a list of witnesses whom they propose to call either to give evidence
or to produce documents and obtain summons to such persons for their
attendance in Court.
Hearing of the suit and examination of
witnesses
(1) A party desirous of obtaining any summons for the attendance of any person
shall file in Court an application stating therein the purpose for which the
witness is proposed to be summoned.
(2) The Court may, for reasons to be recorded, permit a party to call, whether
by summoning through Court or otherwise, any witness, other than those
whose names appear in the list referred to in sub-Rule 1. if such party shows
sufficient cause for the omission to mention the name of such witness in the
said list.
(3) Subject to the provisions of sub-Rule (2), summonses referred to in this Rule
may be obtained by the parties on an application to the Court or to such
officer as may be appointed by the [Court in this behalf within five days of
presenting the list of witnesses under sub-Rule (1).
Argument by the Parties

Order XVIII Rule 3A -(1) Any party may address oral arguments in a case, and
shall, before he concludes the oral arguments, if any, submit if the Court so
permits concisely and under distinct headings written arguments in support of his
case to the Court and such written arguments shall form part of the record.
 Rule 5 provides that every allegation of fact in the plaint, if not denied in the
written statement shall be taken to be admitted by the defendant. What this
Rule says, is that any allegation of fact must either be denied specifically or
by a necessary implication or these should be at least deemed to be a
statement that this fact is not admitted. Gautam Sarup vs Leela Jetly and Ors
2008(7) SCC85
 An admission made in pleading is not to be treated in the same manner as an
admission in a document. An admission made by a party to the lis is
admissible against him proprio vigore.
 In State of Haryana & Ors. v. M.P. Mohla [(2007) 1 SCC 457] , the Supreme
Court stated : "25. The law as regards the effect of an admission is also no
longer res integra. Whereas a party may not be permitted to resile from his
admission at a subsequent stage of the same proceedings, it is also trite that
an admission made contrary to law shall not be binding on the State."
 A thing admitted in view of Section 58 of the Indian Evidence Act need not be
proved. Order VIII Rule 5 of the Code of Civil Procedure provides that even a
vague or evasive denial may be treated to be an admission in which event the
Court may pass a decree in favour of the plaintiff. Relying on or on the basis
thereof a suit, having regard to the provisions of Order XII Rule 6 of the Code
of Civil Procedure may also be decreed on admission.
 It is one thing to say that without resiling from an admission, it would be
permissible to explain under what circumstances the same had been made or
it was made under a mistaken belief or to clarify one's stand inter alia in
regard to the extent or effect of such admission, but it is another thing to say
that a person can be permitted to totally resile therefrom.
Judgment and decree

 The Court, after the case has been heard, shall pronounce judgment in an open
Court, either at once, or as soon thereafter as may be practicable and when the
judgment is to be pronounced on some future day, the Court shall fix a day for
that purpose, of which due notice shall be given to the parties or their pleaders
 Provided that where the judgment is not pronounced at once, every endeavour
shall be made by the Court to pronounce the judgment within thirty days from
the date on which the hearing of the case was concluded but, where it is not
practicable so to do on the ground of the exceptional and extraordinary
circumstances of the case, the Court shall fix a future day for the
pronouncement of the judgment, and such day shall not ordinarily be a day
beyond sixty days from the date on which the hearing of the case was
concluded, and due notice of the day so fixed shall be given to the parties or
their pleaders.
Judgment and decree

 (Order XX Rule 1 & Rule 99(5) of JCCR) Immediately after the pronouncement
of the judgment the Court shall make available its copies to the parties for
preferring the appeal on payment of usual charges applicable for obtaining
the copy. (Order XX Rule 6 B)
 In suits in which issues have been framed, the Court shall state its finding or
decision, with the reasons therefor, upon each separate issue, unless the
finding upon any one or more of the issue is, sufficient for the decision of the
suit. (Order XX Rule 5 )