Phases in Civil Suit

PHASES OF A CIVIL SUIT

INTRODUCTION

The Code of Civil Procedure is an adjective law and is not retrospective in operation. It neither creates nor removes any right; it is planned to regulate the procedure to be trailed by Civil Courts. As per the preamble, the object of this Code is to consolidate and amend laws connecting with the procedure of the courts of civil judicature. The Code is intended to work with justice and further its ends and is certainly not a penal sanctioning for punishments and penalties, not a thing intended to entangle individuals (Sangram Singh v Election Tribunal AIR 1955 SC 425).

PHASES OF A CIVIL SUIT

A suit is a procedure by which an individual seeks after that cure that the law affords. In each suite, there should be no less than one plaintiff and one defendant. Each suit should contain the cause of action, which alludes to the reason or the situation which paves the way to a suit. The subject matter of the suit is the right or property guaranteed in the suit. The court settles upon the right of the parties with respect to the subject matter in the dispute. The relief guaranteed should be expressed explicitly in the plaint.

Stages of a civil suit are-

• PRESENTATION OF PLAINT- Plaint implies a statement in writing of a cause of action wherein the relief asserted is set out exhaustively or a document by the presentation of which a suit is to be initiated. Significantly a plaint is the statement of the cause of action of the party introducing it and the relief he claims. Rule 1 of Order VII expresses the contents that a plaint should contain like the Name of the court in which the matter is to be tried, the place of residence of the plaintiff and defendant.
• As indicated by Rule 10, where at any phase of the suit the court observes that the court has no jurisdiction whether territorial or pecuniary or as to the subject matter, it will return the plaint to be introduced in the appropriate court in which the suit should have been instituted.
• In ONGC v. Modern Construction Co. (2014) 1 SCC 648, the Supreme Court held that when a plant is filed in the appropriate court subsequent to getting returned from the wrong court, it can’t be considered to be a continuation of the suit. The suit must be deemed to initiate when the plaint is filed in the proper court.
• SERVICE OF SUMMON- After the plaint is filed, the summon is issued by the court to show up in the court to defend it. The intimation which is sent to the other party (defendant) is called a summons. The provision connected with the summons is given in Section 27-32 and Order V of CPC.
• Section 27 of CPC specifies that where a suit has been appropriately instituted by filing a plaint, the first obligation of the court is to give summons approaching the defendant to show up and answer the claim and such summons might be served in a way endorsed in the rules referenced in Order V of the first schedule and on such day, not beyond 30 days from the date of the institution of the suit.
• APPEARANCE OF PARTIES- The appearance can be by the party in person or through his advocate or through any person along with the advocate of the party. Order IX of CPC deals with the concept of the appearance of parties. It proclaims the compulsory presence of the parties before the court on the day fixed by the court under the summon issued on the defendant.

As indicated by Rule 3, if neither party appears, the suit will be dismissed by the court and as per Rule 4, the plaintiff can file another suit in the court in the event that he can satisfy the court that there was an adequate cause for his non-appearance in court.
As indicated by Rule 6, for the situation where the summon is properly served the court can announce that the suit will be heard ex-parte;
For the situation where the summon isn’t appropriately served then, at that point, the court can order the issue of a second summon and that the equivalent to be served to the defendant;
When the summon is served to the defendant yet the adequate time was not given to him to show up in the courtroom and answer the material questions for the situation on the day fixed by the court. The court shall postpone and fix the hearing of the case to some other day which shall be notified to the defendant.
As indicated by Rule 8, assuming the defendant shows up in the court on the due date and the plaintiff stays absent from the procedures. The court will make an order of dismissal of the case except if the defendant concedes a claim or parts thereof as in such a case the court can pass a pronouncement (decree) against the defendant upon such admission or where just the part of the claim is conceded.

• FILING OF WRITTEN STATEMENT- The written statement is the pleading of the defendant wherein he deals with the material fact affirmed by the plaintiff in his plaint and furthermore expresses any new fact in support of himself or takes legal objections against the claim of the plaintiff. A written statement ought to be recorded within thirty days from the service of the summons on him. The said period, nonetheless, can be extended up to ninety days. A defendant should introduce a written statement of his defense in the said period.
• PRODUCTION OF DOCUMENTS-After filing a written statement by the defendant the next stage of the suit is documents. At this stage, the two parties need to produce documents in court which are in their possession. In such a circumstance, where parties depend on such a record that isn’t in their possession then, at that point, parties need to apply to the court for issue of summons to authority or people in whose possession these documents are. In such a case, parties need to deposit in the court cost of such production of the documents.
• EXAMINATION OF PARTIES (ORDER X) – At the first hearing of the suit the Court shall discover from each party or his pleader whether he concedes or denies such charges of truth as are made in the plaint or written statement (if any) of the contrary party, and as are not expressly or by essential ramifications conceded or denied by the party against whom they are made. The Court will record such admissions and denial. The examination might be an oral examination. Whenever a party, assuming the pleader of the party who shows up, declines or can’t address any material questions court might direct the concerned party ought to stay present in the court. In the event that the party doesn’t stay present court might pass such orders as deemed fit.
• FRAMING OF ISSUES-This step is exclusively managed by the judges. Issues are outlined considering provisions of Order XIV Rule 1 of C.P.C. Issues emerge when a party denies the charges of the other party. On the off chance that the defendant doesn’t make any defence during the first hearing, then, at that point, no issues are framed and judgment is conveyed.
• SUMMONING AND ATTENDANCE OF WITNESSES (Order XVI) – After the issues are framed, the parties shall present the list of witnesses, to the court, whom they propose to call either to give evidence or to produce documents. On the date selected by the court and not later than 15 days after the date on which issues are settled parties will introduce in court a list of witnesses.
• HEARING OF SUITS AND EXAMINATION OF WITNESSESS (Order XVIII)- The plaintiff has the first right to start except if the defendant admits the facts affirmed by the plaintiff and contends that either in point of law or on a few extra facts claimed by the defendant the plaintiff isn’t entitled to any part of the relief. Both the parties need to produce the evidence. The witnesses from the plaintiff’s side additionally need to show up in the court, who is likewise interrogated by the defendant’s lawyer. The defendant additionally presents his side of the story upheld by his witnesses and evidence from his side. The evidence should be marked earlier by the court, if not it won’t be considered by the court.
• ARGUMENT. When the evidence has been submitted and questioning is led by the plaintiff and defendant, the two sides are permitted to put forth a summary of their perspective and evidence to the judge. It is the last opportunity to persuade the judge.
• JUDGEMENT (Order XX):- Judgment implies the statement given by the judge on ground of which a decree is passed. The court after the case has been heard will articulate judgment in open court either within one month of completion of contentions or as before long as might be practicable, and when the judgment is to be articulated judge will fix a day ahead of time for that reason.
• PREPARATION AND EXECUTION OF DECREE (ORDER XXI)-The main part of the judgment is the decree. After the judgment is given on the off chance that the contrary party doesn’t follow it naturally then the decree-holder necessities to petition for the execution of the decree. The decree will concur with the judgment and ought to contain the name of the suit, names of the parties, their addresses, the claims and the reliefs that have been allowed. An execution is viewed as complete when the creditors get the money or other claims granted to him by judgment, decree or order.