Stages of Civil Suit under CPC || Civil Procedure Code, 1908 ||
Table of Contents
Stages of the Civil Suit as per the Civil Procedure Code, 1908
In this article, we will discuss the stages of the civil suit under the Civil Procedure Code, 1908
1) Presentation of the plaint
2) Service of summons on the defendant
3) Appearance of parties
4) Ex-party Decree
5) Filing of written statement by the defendant
6) Production of documents by parties
7) Examination of parties
8) Framing of issues by the court
9) Summoning and Attendance of Witnesses
10) Hearing of suits and examination of witnesses
11) Argument
12) Judgment
13) Preparation of Decree
14) Execution of Decree
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 civil law is set in motion by the filling of the plaint.
For a 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 whom 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 what a written statement is. 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 been 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 the 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 which is the 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 frame 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 the hearing of suits, and the examination of witnesses commences. The first right to begin is of the plaintiff 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 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 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 the Decree, and it is to be prepared by the concerned clerk.
14) Execution of Decree:-
In this stage, the 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 the judgment creditor or decree-holder gets money or other thing awarded to him by judgment, decree or order.
Thanks for reading
What is 'trial '?
Very good information
Simple language. Layman like me is able to understand…..
What if the plaintif is abscent for cross examination ..what should the defendant should do ?