The Code of Civil Procedure, 1908

Stages of a Civil Suit under The Code of Civil Procedure, 1908 in India.

1. THE CODE OF CIVIL PROCEDURE, 1908 IN INDIA ( C.P.C. ) STAGES OF A CIVIL SUIT

2. C.P.C consists of two Parts: 158 Sections. Five Schedules. ( of these five Schedules, second to fifth schedules were repealed by the later amendments to the Code.) The First Schedule consists of 51 orders . Each Order consists Rules . Relation between Sections and Rules in Orders of Schedule: Sections lay down the Substantive rights to the litigants. They also created Jurisdiction. These are the ‘ Body of the Code ’ laying down the general principles of procedure, creating jurisdiction and having principal concepts of civil procedure. The Body of the Code is fundamental and is unalterable except by the Legislature . The Rule making power and rule-amending power are given to the State Governments and also the High Courts .

3. The High Courts are empowered to frame the Civil Rules of Practice . The High Courts in India have framed such Civil Rules of Practice. These Civil Rules of Practice are also part and parcel of the Civil Procedure Code. The Code of Civil Procedure is a body of procedural law designed to facilitate Justice . The laws of procedure in the code should be so construed as to render justice wherever reasonably possible . The Civil Procedure Code, 1908 is based on Principles of Natural Justice.

4. Stages of Civil Suit Institution of a Suit. Issue and Service of Summons. Written Statement. Effect of Appearance and Non-appearance of parties. Framing of Issues. Trial. Arguments. Judgment. Decree. Execution.

5. INSTITUTION OF SUIT   The person who wants justice from a Court has to file a Suit before the Competent Court. ( Dealt with SECTION 26 AND Order IV of C.P.C. ).   Every suit shall be instituted by the Presentation of Plaint or in such other manner as may be prescribed. In every Plaint ( Plaint deals with Order VII of C.P.C), facts shall be proved by Affidavit.  

6. As per Order VII Rule 1 of Code of Civil Procedure 1908: The plaint shall contain the following particulars :- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, description and place of residence of the defendant, so far as they can be ascertained ; (d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action and when it arose; (f) the facts showing that the Court has jurisdiction ; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and ( i ) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits .    

7. Return of Plaint (Order VII Rule 10 of C.P.C.) The Plaint shall at any stage of the Suit is returned to be presented to the Court in which the Suit should have been instituted. On returning the Plaint the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it . The Court can return the Plaint on the grounds that it has no jurisdiction, either territorial or pecuniary or with regard to the subject matter of the Suit .   Rejection of Plaint (Dealt with Order VII rule 11 of C.P.C.) The Plaint shall be rejected in the following cases : 1 . If a Plaint does not disclose a cause of action. 2. Where the relief claimed is undervalued . 3. A Plaint not correctly valued and stamped 4 . Where the Suit is barred by Limitation . 5. Where the Plaintiff does not follow other rules to the law, the Plaint can be rejected.   An order rejecting a Plaint is a “Decree” within the meaning of Section 2(2 ) of C.P.C. and it is Appealable.  

8. ISSUE AND SERVICE OF SUMMONS   After the plaint has been instituted, it is registered before the Court, and the court orders that summons shall be issued to the defendant to appear and the answer the claim on day and date specified therein . (Dealt with Sections 27,28,29 and Order V of C.P.C )   If the summons is not served to the defendant - The Substituted service of Summons is the last way of Service of Summons. Where the Court is satisfied that the defendant is intentionally avoiding the summons, the Court shall order for the Substituted Service of Summons, i.e. affixing the summons at the conspicuous place of the Court, at the door of the house of the defendant or even giving the advertisement in the newspaper. ( Dealt with Order V rule 20 of C.P.C.)

9. Written Statement The defendant’s written defense or pleading is called the “Written Statement.” Order VIII of C.P.C explains the procedure of Written Statement. The defendant can produce the documents and oral evidence for his defense.  Written statement .— The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defense: 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

10. Contents of the written statement : If the defendant relies on any document for his/her defense, set-off, or counter-claim, then those documents should be mentioned in a list and attached along with the written statement. These documents are supposed to be presented to court with the written statement. If the defendant does not possess those documents then he/she should specify in whose possession those documents are . It should be noted that if any document is not mentioned in the list, it cannot be accepted as evidence in the court unless specifically allowed by the court . The written statement must individually address all the allegations that the defendant does not agree with in the plaint. The written statement should also mention the amount claimed by the defendant as set-off claim .  

11. Effect of Appearance and Non-appearance of parties : (Dealt with Order IX of C.P.C.) The Plaintiff and the defendant have to appear before the court either personally or through his advocate/s. If the Plaintiff does not appear before the Court on the dates specified or he is not represented by his Advocate, the Court may dismiss the suit . For restoration of dismissed suit , the Plaintiff should file the petition as per the provision of Order IX rule 9 of C.P.C. Where the Plaintiff appears, but the defendant does not present or his Advocate does not present, then the Court may proceed to Ex parte and pass an ex parte order . For set aside the Ex parte decree against defendant, the defendant should file the petition as per the provision of Order IX rule 13 of C.P.C.  

12. Framing of Issues Settlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon (Dealt with Order XIV of C.P.C.) The framing of issues has a very important bearing on the trial and decision of a case. The issues are framed and settled is called “First Hearing of the Suit ”. At the first hearing of the Suit Court frames the issues pertaining to the suit . Issues arise when the allegations of a party denied by other. Each such allegation (which is denied by other party shall be an issue and in the end judgment is given individually on the issues.

13. Issue can be issue of fact or issue of law . The court can form the issues by looking at the plaint and Written Statement , or it may interrogate the parties, witnesses and or look at documents in order to determine the issue. At the first hearing of the suit , if it appears to the court that the parties are not at issue on any question of law or fact , the court may at once pronounce judgment and dispose off the case. This is called “ Dispose off at the first hearing ” (dealt with Order XV of C.P.C.).

14. TRIAL Order XVIII of C.P.C : Hearing of the Suit and Examination of Witnesses The Tria l of the case begins with the production of evidence by the parties to the defendant, who produces his evidence and witnesses, whom the Court examines. After production of evidence, Chief Examination, Cross –Examination and re-examination are the important stages in trial. Evidence and Cross-Examination of Plaintiff : The Plaintiff has the right to begin , where he/she has to submit the evidence. Unless the defendant agrees to allegations made by the plaintiff, but disagrees with the relief sought then defendant has the right to begin. The plaintiff has to state his case in front of the Judge. 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. The plaintiff will be cross-examined by the defendant's lawyer. The witnesses from plaintiff's side also have to appear in the Court, who is also cross-examined by the defendant's lawyer. ( dealt with Order XVIII rule 1 of Code of Civil Procedure 1908. )

15.   Evidence and Cross-Examination of Defendant : The defendant also presents his side of the story supported by the 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 plaintiff's lawyer will then cross-examine the defendant. As per the provision of Order XVIII Rule 4 of Code of Civil Procedure 1908 "Witnesses to be examined in open Court “ The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge.   As per the Provision of Order XXVI RULES 1 TO 8 of C.P.C . : The general rule of evidence is to bring the evidence before the Court and must be recorded in open Court. But in extraordinary circumstances, the appearance of witness is dispensed and the witness is allowed to depose evidence without appearing in Court.

16. ARGUMENTS After the trial stage, the court concludes the evidences. The Advocate of the Plaintiff first places his arguments before the Court. Thereafter the Advocate of the Defendant places his argument before the Court. According to Order XVIII Rule 2(3A) of C.P.C. - 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. (3B)   A copy of such written arguments shall be simultaneously furnished to the opposite party . (3C)   No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (3D)   The Court shall fix such time- limits for the oral arguments by either of the parties in a case, as it thinks fit. ";

17. JUDGMENT As per section 2(9) of C.P.C . “Judgment” means the statement given by the Judge on the grounds of a decree or order. & (Dealt with Order 20 – rules 1 to 5 and 20 of C.P.C.) After the case has been heard, the court shall pronounce judgment in open court either once or on some further date, of which due notice shall be given to the parties or their pleaders. ( Order 20 Rule 1 of C.P.C.) Judgment shall be signed.( Order 20 Rule 3 of C.P.C.)   Essentials of judgment other than that of the court of small causes. ( Order 20 Rule 4 of C.P.C .) :-  a) A concise statement of the case;  b) The points for the determination;  c) The decision thereon; and  d) The reason for such a decision. Court to state its decision on each issue. ( Order 20 Rule 5 of C.P.C.) Court to inform parties as to where an Appeal lies. ( Order 20 Rule 5A of C.P.C.)

18. DECREE As per the section 2(2) of C.P.C - Decree is a formal expression of adjudication, conclusively determining the rights of parties with regard to all or any of the matters in controversy in the suit and it may either be preliminary or final. After the Judgment is pronounced , the successful party applies to the Court for the drawing up of the decree which is drawn up by an officer of the Court. The Decree shall agree with the Judgment. ( Dealt with Order 20 rules 6 to 20 of C.P.C.) There are five types of decree recognized by the Code:- Preliminary Decree; Final Decree; A decree which is partly preliminary and partly final; An Order rejecting a Plaint; Determination of a question within Section 47 or Section 144 of C.P.C. Preliminary Decree and Final Decree Where adjudication decides the rights of the parties with regard to all or any of the matter in controversy in the suit, but does not completely dispose of the suit, it is a “ preliminary decree”. A Final decree is one which completely disposes of the suit and finally settles all the questions in controversy between the parties and nothing further remains to be decided thereafter.

19. Execution Execution of a Decree and Order is the most important stage for the Judicial redressal . Execution is a process by which the decrees and orders passed by the Court are enforced. Sections 36 to 74 and Order XX1 of C.P.C explain the various provisions relating to the Execution of a decrees and orders.   Example : X files a suit against Y for Rs 50,000 and obtains a decree against him. Here X would be called the decree-holder,  Y is the judgment-debtor, and the amount of Rs 50,000 is the judgment- debt. Y is bound to pay Rs 50,000 to X , as the decree is passed against him. For suppose Y refuses to pay the decretal amount to X, X can recover the said amount by Execution through the judicial process. The principles governing the execution of a decree or order are given in Section 36 to Section 74 (substantive law) and  Order 21  of the code which provides for procedural law.

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