CODE OF CIVIL

PROCEDURE
SAPTARSHI DAS
ASSISTANT PROFESSOR OF LAW
 STAGES OF A CIVIL TRIAL
1. PRESENTATION OF A PLAINT
2. SERVICE OF SUMMONS TO THE
DEFENDANT
3. APPEARANCE OF THE PARTIES
4. EX PARTE DECREE
5. INTERLOCUTORY PROCEEDINGS
6. FILING OF A WRITTEN STATEMENT
BY THE DEFENDANT
7. PRODUCTION OF DOCUMENTS BY THE PARTIES
8. EXAMINATION OF PARTIES
9. DISCOVERY AND INSPECTION
10. ADMISSION
11. FRAMING OF THE ISSUES BY THE COURT
12. SUMMONING AND ATTENDANCE OF THE WITNESSES
13. HEARING OF THE SUIT AND THE EXAMINATION OF THE
WITNESSES
14. ARGUMENT
15. JUDGMENT
16. PREPARATION OF THE DECREE
17. APPEAL REVIEW AND REVISION
18. EXECUTION OF THE DECREE
• PLAINT ( ORDER 7) : THE ENTIRE
LEGAL MACHINERY UNDER THE CPC
IS SET IN MOTION BY THE
PRESENTATION OF THE PLAINT AND
HENCE IT IS A STARTING POINT IN ALL
THE PLEADINGS OF THE CASE
• SERVICE OF SUMMONS : IT IS AN
INSTRUMENT WHICH IS USED BY THE COURT TO
COMMENCE CIVIL ACTION OR PROCEEDINGSAND
IT MEANS TO ACQUIRE JURISDICTION OVER THE
PARTY. IT IS A PROCESS DIRECTED TO A PROPER
OFFICER REQUIRING HIM TO NOTIFY THE PERSON
NAMED THAT AN ACTION HAS BEEN COMMENCES
AGAINST HIM AND THAT HE IS REQUIRED TO
APPEAR
• EX PARTE DECREE : A decree against the defendant
without hearing him or in his absence can be passed under the following
circumstances:
• a) Where any party from whom the written statement is required fails to
present the same within the time permitted by the court, as the case may
be-- the court shall pronounce a judgment against him or draw any such
judgment/decree as it thinks fit. ( Order 8 Rule 10 CPC)
• b) Where a defendant has not filed a pleading, it shall be lawful for the court
to pronounce a judgment on the basis of the facts contained in the plaint
except against a person with disability. ( Order 8, Rule 5(2))
• c) When the plaintiff appears and the defendant does not appear when the
suit is called up for hearing; the summons are properly served the court may
make an order that the suit will be heard ex parte, ( Order 9 Rule 6(1)(a)
CPC )
• Interlocutory Proceedings : The period involved
between the intitation 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” and in that context interlocutory orders
are the provisional, interim and temporary as compared to the final.
It does not finally determine the cause of action but only decides
some intervening matter pertaining to the issue.
• Written Statement : The defendant is required to file written
statement of his defense at or before such hearing or such time as
may be allowed. ( Order *)
• If the defendant disputes the maintanability of the suit or takes a
plea that the transaction is void it must be specifically stated. The
denial must be specific.
• The denial should not be an evasive denial but it must be on the
point of substance and 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 have been admitted
( Order 8 Rule 5 CPC)
• Production of Documents : After filing written
statement by the defendant, the next stage of
the suit is the documents. On this stage both the
parties have to file documents in the court which
are in their possession or power. If the parties
rely on some documents which are not in their
possession in that case they have to apply to
court for the issue of summons to authority or
persons who have the possession of the
documents.
• Examination of the Parties ( Order 10 ) :
Examination of the parties is an important stage after appearance. At the first hearing
of the suit, the court shall ascertain from the party or his pleader whether he admits
or denies such allegations of fact as are made in the plaint or written statement. Such
admission or denials are recorded.
• The examination may be an oral examination.
• When a party or his pleader who appears/refuses or is unable to answer any material
question, the court may direct that the concerned party should be present in the court.
If the party does not remain present in the court, it can pass such order that it may
deem fit. ( Order 10 of CPC)
• Discovery and Inspection ( Order 11) : The
purpose of discovery and inspection of
document and facts is to enable the parties to
ascertain that the facts to be proved. With the
leave of the court the plaintiff or the defendant
may deliver interrogatories in writing for the
examination of the opposite parties which are
required to be answered and which are related
to the matter.
• Admission ( Order 12) : Either party may call upon the
other party to admit within seven days from the date of service of
notice any document saving any exception provided in the law.
• 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 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 a notice is given except where the omission
to give the notice is in the opinion of the court a saving of expenses.
• Framing of Issues ( Order 14) : The next
stage is the framing of the issues and is a
job assigned solely to the judge. Issues are
framed in accordance with the provisions of
Order 14 Rule 1 CPC.
• Rule 1 sub rule (1) states “Issues are
material propositions of the facts or the law
which is affirmed by one party and denied
by another
• Sub Rule (2) states : “Material propositions
are those propositions of law or fact which
a plaintiff must allege to show a right to sue
and a defendant must allege in order to
constitute his defense.
• Sub Rule (3) states : “ Each material
propositon affirmed by one party denied by
another shall form the subject of distinct
issues.”
• Summoning and Attendance of the
Witnesses ( Order 16) : On the date
appointed by the court and not later than
15 days after the date on which issues are
settled the parties shall present in the
court a list of witnesses whom they
propose to either to give evidence or to
produce documents.
• Hearing of the suits and the Examination
of the Witnesses : ( Order 18)
• The plaintiff is entitiled 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
entitiled to any part of relief. In such cases, the defendant has the rights to
begin.
• The plaintiff has to state his case in front of the judge and 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 plainitff will be cross
examined by the defendants advocate. The witnesses from plaintiff’s side
will also have to appear in the court who are also cross examined by the
defendants lawyer.
• The defendant also presents his side of
the story supported by his witnesses and
evidence from his side. The evidence
needs to be marked earlier by the court,
otherwise it will not be considered by the
court. The plaintiffs lawyer will then cross-
examine the defendants.
• Arguments : Once the evidence from both
the sides are over then the suit is kept for
argument. Once the evidence has been
submitted and cross-examination is
conducted by the plaintiff and the
defendant, both sides are allowed to
present a summary of their case and
evidence to the judge in the final
arguments session
• Judgment ( Order 20) : Judgement means
a statement given by the judge on the
ground of which decree is passed.
• The Court after the case has been heard shall
pronounce judgment in open court within one
month of completion of arguments or as soon
thereafter as may be practicable and when the
judgment is to be pronounced-- the judge shall
fix a day for that purpose
• Preparation of Decree : ( Order 20 rule 6,
6a) : Once the judgment is delivered by
the judge a decree will be prepared by the
concerned clerk.
• Appeal, Review and Revision :
• An appeal may be an appeal from order or
an appeal from a decree. All the orders
are not appealable and complete
discretion of appealable order has been
given in order 43 of CPC.
• Review and revision may also be preferred
by the parties.