An assignment

On
A journey of civil suit till the
destination of decree
Course code: LAW- 4145
Course title: code of criminal procedure part 2

Submitted To
Md. Rezaul Karim
Lecturer
Department of Law,
Leading university, Sylhet

Submitted By
Promi dhar
ID: 2014050031
Department of Law
Leading University, Sylhet

Submission date
15 December, 2023
Introduction
A civil suit is a sort of legal action where a person (the plaintiff) sues another person or entity
(the defendant) to recover damages. For the plaintiff to prevail in the case, they must present
proof to back up their claims. Disputes between private individuals, such as those involving
property damage, personal injury, or contract breach, are usually settled through civil lawsuits.
Depending on the circumstances of the case, state or federal courts may receive civil lawsuits.
Obtaining all pertinent data and supporting documentation is the first thing that needs to be
done when someone decides to file a civil lawsuit. This includes the names and contact details
of any witnesses who might be able to testify on their behalf, as well as any documents or other
evidence that bolsters their case. They will have to submit a complaint to the court after they
have acquired all of this data. The plaintiff uses this document to support their claim that the
defendant is accountable for the damages they are requesting. A statement of facts detailing
the incident as well as the particular legal theories the plaintiff is relying on must be included in
the complaint.
The process of filing a civil suit is lengthy, and people frequently ask why it takes so long.
because there are numerous steps to take. It is best to look at the steps in the civil suit
procedure to get a general understanding of it in order to comprehend a civil suit. The 1908
Code of Civil Procedure governs the civil suit process.

A journey of civil suit till the destination of decree

The Civil Procedure Code, 1908, outlines 18 steps in a civil suit.
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

Below is a comprehensive explanation of each step

Step1 (pre trial stage)

Plaint
under order 7, a plaint is the actual beginning point of all pleadings in a case because it initiates
the entire legal system under the Civil Law.
The following details must be included in the plaint:
(i) The court's name where the lawsuit should be filed.
(ii) The plaintiff's name, description, and residential address.
(iii) The defendant's name, description, and address, if available.
(iv) A declaration to that effect in cases where either the plaintiff or the defendant is a minor or
mentally incompetent.
(v) The circumstances leading up to the action and its genesis.
(vi) Evidence demonstrating the court's jurisdiction.
(vii) The plaintiff's claimed relief.
(viii) The amount that the plaintiff has permitted for relinquishment in cases where he has
permitted a set-off or has given up part of his claim.
(ix) A declaration of the suit's subject matter's value for jurisdictional and court fee purposes.
The plaintiff may receive notification if the court decides after the plaint has been filed that it
should be submitted before a different court and returns the plaint.
The following grounds could result in the plaint being rejected by the court:
When the cause of action is not disclosed
2. When the relief is undervalued and the plaintiff neglects to update the valuation within the
allotted time frame.
3. In the event that the plaintiff fails to make up the difference between the appropriately
valued relief and the insufficiently paid court fee stamp.
4. According to the plaint's assertions, the lawsuit seems to be time-barred.
5. In situations where no cause of action is disclosed in the plaint.
Step2
Service of Summons
The court uses summonses as a tool to start a civil action or proceedings and to establish
jurisdiction over a party. It is a process addressed to an appropriate officer, requiring him to
inform the named party that he is the target of an action in the court from which the process is
issued, and that he must appear on the designated day to respond to the claim in that action.
Upon the proper initiation of the lawsuit, the defendant may receive a summons to appear and
respond to the allegations.
The person who has been served with a summons, the defendant, may appear in person,
through a properly instructed pleader, or through a pleader accompanied by an answerable
third party. The court may order the filing of a written statement on the day of appearance and
issue an appropriate summons in order to hasten the filing of the reply and the resolution of the
claim. Order 8, Rule 10 provides an Ex-parte judgement for noncompliance.
When the summons is not served by the court bailiff through regular process, the provisions of
substituted service must be followed. If the court determines that there is probable cause to
believe that the defendant is obstructing service in order to avoid being served, or if there are
other reasons why the summons cannot be served normally, the court will order that a copy of
the summons be served by placing it in a prominent area of the home. Another clause
pertaining to substituted service, which allows the court to order service by newspaper
advertisement, is included to speed up the summons service process. The newspaper must be a
daily publication that is published in the area where the defendant most recently resided,
conducted business, or worked for pay (ORDER 20 RULE – 1A).
step3
Parties' appearance
Unless the hearing is postponed to a later date set by the court, the defendant must appear and
respond on the day specified in the summons. If the defendant is not present, the court may
proceed ex parte. The court may dismiss the lawsuit if, on the day designated, it is discovered
that the defendant has not received the summons as a result of the plaintiff's failure to pay the
court fee or postage costs. The court may dismiss the lawsuit if neither the plaintiff nor the
defendant show up. Such a dismissal does not preclude filing a new lawsuit for the same claim.

Step4
Ex- parte decree
Under the following conditions, a decree against the defendant may be issued without his
hearing, without his presence, or without his defence.
 1. The court may pronounce judgement against a party or make any order pertaining to the
suit it deems appropriate in the event that the party from whom a written statement is
required fails to present it within the time allowed or fixed by the court, as the case may
be. A decree will then be drafted following the pronouncement of the judgement, under
order 8 rule 10 of the code.
2. In the event that the defendant has not submitted a pleading, the court may rule based
solely on the facts stated in the plaint. Except against person with disability.
3. Order 9, Rule 6(1)(a) of the Civil Procedure Code states that if the defendant appears
and proves he was prevented from proceeding by sufficient cause, the court may order
that the suit be heard ex parte. If the defendant agrees and the exparte decree is
granted, he is then entitled to the following remedies. Appeals against decrees are
preferred.
a) Favour an appeal of the decree.
Submit an application for review.
b) File a request to have the Exparte Decree set aside.
c) It was noted in UCO BANK V/S. IYENGER CONSULTANCY SERVICES, 1994 (SCC) 399
(SUPPLE.) that the definition of "sufficient cause" is ambiguous and varies depending on
the particular facts and circumstances of each case.
Step5
The Interlocutory Process
The time elapsed between the commencement and resolution of legal proceedings is
significantly extended. In certain cases, the court's intervention may be necessary to preserve
the position as it was on the day of litigation. It's called "status quo" in legalese. It refers to
maintaining the status quo as it exists on a particular day. Interlocutory orders in that situation
are not final; rather, they are provisional, interim, and transient. It merely resolves certain
related intervening matters, not the cause of action itself in the end.
1. Arrest and attach prior to ruling 38th Order
2. Interlocutory orders and interim injunctions under order 39
3. Designation of Receiver under Order 40
4. Appointing Commissioner Written Declaration
5. Before the first hearing, or at any later time that may be permitted, the defendant must
provide a written statement of defence. It must be made clear whether the defendant pleads
the transaction is void or contests the suit's maintainability. A denial must be specific and
cannot be limited to the grounds stated in the plaint. The denial must be specific and
substantive; it cannot be evasive. All factual allegations in the plaint shall be presumed to be
true if they are not expressly refuted, impliedly denied, or declared in the pleading to be untrue.
Defendants had no deadline for filing written statements in C.P.C. prior to the 2002 amendment.
Following the date the summons was served to the defendant, the defendant is required by
amendment 2002 to provide a written statement under order 8 rule 1 of the C.P.C. within ninety
days. The court is granted discretion under this rule, allowing the defendant to file a written
statement on a different day that may be designated by the court, provided that the additional
time cannot exceed ninety days from the date the summons was served. According to
Amendment 1999, the defendant is required to present any papers he has in his possession,
including a list, and any documents he uses as support for his defence in order to comply with
Order 8 along with his written statement, he provides this list of documents.
Step6
Document Production
Documents are the next step of the lawsuit after the defendant files a written statement. At this
point, all parties are required to submit any documents that they own or control to the court. In
the event that parties rely on documents that they do not own, they must petition the court to
issue a summons to the appropriate authority or individuals. The parties are required to deposit
the cost of this kind of document production in court.
Step7
Examination of the parties
The step that follows appearance is crucial, party examination. Each party or his pleader will be
asked by the court at the initial hearing of the lawsuit whether they accept or reject the factual
claims made in the written statement or plaint. Records of these acknowledgements and
rejections are required. A possible format for the exam is an oral one. The court has the
authority to order that a party stay in the room if their appearance is requested and their
pleader fails or refuses to respond to any meaningful question. The court may issue whatever
orders it sees fit if the party leaves.
step8
Discovery and Inspection
To help the parties determine the facts that need to be proven, documents and facts must be
discovered and inspected. The plaintiff or defendant may present written interrogatories for the
other party's examination that are pertinent to the case and must be answered with the
consent of the court.
Step9
Admission
After the notice is served, either party may request that the other party admit any document,
with all reasonable exceptions, within seven days. If a party refuses or neglects to admit a
document after receiving notice, they will be responsible for paying the costs of proving it,
regardless of the outcome of the lawsuit. The court may order otherwise. Additionally, no costs
associated with proving a document will be accepted unless notice is given, unless the court
determines that doing so will save costs. Advocacy groups for parties seldom adhere to the
above protocol.
Step10
Alternatives dispute resolution
In order to resolve the dispute outside of court and avoid a drawn-out legal process, it is now
necessary to start an alternative dispute resolution (ADR) process. This will save both parties
money and time. Sections 89A through 89E of the CPC outline the process and guidelines for
ADR; section 89 B is particularly significant for mediation under the CPC.
Step11
Framing of issue
Issues are essentially the important questions that must have an answer in order to reach a
decision; if alternative dispute resolution (ADR) is not successful, then those issues must be
framed. Issue framing is the process by which the court formulates those questions after
carefully examining the context. The court would then attempt to obtain the answers to those
queries by requesting the production of the records and evidence that had been presented to
him. Order 14 rule 1-6 describes the relevant procedure.
Step12
Summoning and Attendance of witness
Parties are required to submit a list of witnesses they intend to call to testify or produce
documents in court on the day the court appoints, but no later than 15 days following the date
on which the issues are resolved.
Step13 (trial stage)
Hearing of Suits and Examination of Witnesses
Unless the defendant acknowledges the facts that the plaintiff has alleged and argues that the
plaintiff is not entitled to any relief, either on the basis of additional facts or in law, the plaintiff
is entitled to have the first right of entry. In this instance, the defendant is entitled to start. The
plaintiff must present his case to the judge. The plaintiff must submit the previously marked
evidence. The court will not consider any evidence that was not marked earlier. The defendant's
Advocate will then cross-examine the plaintiff. The plaintiff's witnesses must also appear in
court and are cross-examined by the defendant's lawyer. The defendant also presents his side of
the story, which is supported by witnesses and evidence. The court must mark the evidence
early in order for it to be taken into consideration. Next up is a cross-examination by the
plaintiff's attorney of the defendant.
Step14
Argument
The suit is kept for argument as soon as the evidence from both sides is finished. During the
final argument session, both sides are permitted to give the judge a synopsis of their case and
supporting documentation after the evidence has been submitted and the plaintiff and
defendant have gone through cross-examination.
step15
Judgement
A judge's statement that serves as the foundation for a decree is called a judgement. When the
case has been heard, the judge will schedule a day in advance for the judgement to be
pronounced in open court. The judgement will be rendered either one month after the
arguments are concluded or as soon as is reasonably possible after that.
Step16 (post trial stage)
Execution of decree
A concerned clerk is required to prepare a decree following the judge's delivery of judgement.
The decree will concur with the judgement; it will include the suit number, the parties' names
and descriptions, their registered addresses, and the specifics of the claim. It will also make
clear any relief awarded or other decision made in relation to the suit.
Step17
Appeal, Review, Revision

 Appeal
An appeal may be made based on a decree or an order. All orders are final and are not
subject to appeal; order 43 of the Civil Procedure Code provides full discretion over
appealable orders. The appellate court must receive the appeal within the allotted time
frame for filing. A district court appeal has a 30-day statute of limitations, while a high
court appeal has a 90-day period. The application for a pardon of delay must also be
moved if the statute of limitations has passed.
 Review
The Civil Procedure Code severely restricts the scope of the right of review.
Only when these requirements are met can a review application be maintained.
1. If it concerns a decree or order, the appeal process is either closed or not
recommended.
2. The appellant was upset because, despite exercising due diligence, it was discovered
that a new and significant piece of evidence was not known to him or could not have
been produced by him at the time of the decree. He also wanted a review of the decree
 because he believed there was a mistake on the face of the record or for any other good
reason. When a review application is approved, the opposing party will be given a
chance to be heard.
 Revision
Under certain conditions, the High Court may intervene in any case decided by a
subordinate court as part of its revision jurisdiction.
Any case decided by a subordinate court in which there is no right of appeal may be
requested by the High Court if it appears that the subordinate court:
1. exercised jurisdiction not granted to it by law;
2. failed to exercise jurisdiction granted to it; or
3. acted illegally or with material irregularity in the exercise of its jurisdiction.
Step18
Execution of decree
Through the process of execution, the decree holder forces the judgement debtor to carry out
the directive of the decree or order, as applicable. It makes it possible for the decree holder to
reap the benefits of the ruling. The judgement, decree, or order's execution is finished when the
judgment-creditor or decree-holder receives the money or other item that was granted to him.

Reference
1. Order IV rule.1 of the Code of Civil Procedure, 1908;
2. Order VII rule.1 of the Code of Civil Procedure, 1908;
3. Section.9 of the Code of Civil Procedure, 1908
4. Section.27 of the Code of Civil Procedure, 1908 Order.
5. V rule.1 of the Code of Civil Procedure, 1908
6. Order. V rule.2 of the Code of Civil Procedure, 1908
7. Order.V rule.9 of the Code of Civil Procedure, 1908
8. Order VIII rule 1 of the Code of Civil Procedure, 1908
9. Section.89C of the Code of Civil Procedure, 1908
10. Order.XIIII rule.4.rule.1.rule.2 of the Code of Civil Procedure, 1908 Order.
11. XVI rule.1 of the Code of Civil Procedure, 1908 Order.
12. XVI rule.2(1) of the Code of Civil Procedure, 1908).