Stages of the Civil Suit as per the Civil Procedure Code, 1908

Procedure of Civil Suit in Pakistan is regulated by Civil Procedure Code, 1908 and mainly it involves the
following steps;
1. Presentation of the plaint: Plaintiff has to file the plaint complying the provisions in all respect as
contemplated under Order 4 r/w Order 6 and 7 of the code.

2. Service of summons on defendant: Plaintiff has to issue summons within 30 days from the institution
of suit.

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. Filing of written statement by the defendant: After the service of summons defendant has to file his
written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code. No
further time exceeding 90 days after date of service of summons be extended for filing written
statement as per proviso to Order 8 R 1 of the code.
In written statement defendant can specifically deny the allegations made in the plaint by the plaintiff
against him. Besides this, he also can claim to set-off any sums of money payable by the plaintiff to
him as a counter defence (Order 8 Rule 6). Further, if the defendant has any claim against the plaintiff
relating to any matter in the issue raised in the plaint, then he can separately file a counter-claim along
with his written statement.

5. Production of documents by parties:Then parties have to file the original documents prior to
framing of issues within the time span of 7 days, as per Order 13 of the code.

6. Examination of parties: Within 10 days from the filing of written statement court has to examine the
parties so as to explore the possibilities of compromise in between the parties and to refer the matter
of settlement under section 89 of the code.

7. Framing of issues by the Court: 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.

8. Summoning and Attendance of Witnesses: Parties have to file the list of witnesses within 15 days
from the date of framing of issues as per Order 16 of the code

9. Hearing of suits and examination of witnesses:

Plaintiff Evidence: Plaintiff has to issue summons to the witnesses either for adducing evidence or
for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code. Cross
examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have
been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
 Defendant Evidence: Defendant has to issue summons to the witnesses either for adducing evidence
or for production of documents as per Order 16 R 1 (4) of the code. Defendant has to file the affidavits
of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.Court has to
exhibit the documents considering their proof and admissibility with a reasoned order as per proviso
to Order 18 R 4 (1) of the code. Cross examination of the defendant and his witnesses on day to day
until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a)
of the code.

10. Argument: Parties have to conclude their arguments within 15 days from the completion of their
respective evidence as per Order 18 R 2 (3A) of the code.

11. Judgment: Court has to deliver judgment forthwith or on or before 30 days and not exceeding 60
days from the date of conclusion of the arguments as per Order 20 R 1 of the code. After the delivery
of the judgment, the next stage is the preparation of Decree, and it is to be prepared by the concerned
clerk.

12. 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.