Any suits that involve a dispute over money or any other rights to acquire are known as a civil suit. To file a civil suit, the criteria must be followed to have a cause of action and the claim of compensation, as well as all the requirements as laid down under section 9 of the Code of Civil Procedure, 1908. Some stages of civil proceedings can be broadly categorized into three stages. These are –
(1) Pre-trial stage.
(2) Trial Stage.
(3) Post-trial stage.
In this paper, the following three stages will be discussed.
Firstly, the Pre-trial stage–
Presentation of the Plaint,
This is an initial step in a suit and is covered under Order 7 of Codethe of Civil Procedure 1908. Every suit commences when the plaintiff files a claim in court. The Plaint shoulPlaintist of the following contents:
Name of the court where the suit is being brought, Name and place of residence of the plaintiff, NPlaintifflace of residence of the defendant, Whether the plaintiff orPlaintiffndant is a minor or of unsound mind, Facts constituting the cause of action and the time it arose, Facts showing the court has jurisdiction, Plaintiff’s Plaintiff’s damages in case of money suits, Proof of the defendant’s liability, List of the documents submitted with the planted complaint
Issue and Service of Summons on the deDefendant: This process is covered under Order 5 of the following Code. Once the suit is registered, a summons is sent by the court to call the person on a specific date whose Name is written on the objection. The Plaints is signed by the judge and sealed with the seal of the court. The court might require the party to appear in person.
The appearance of the parties and Ex-party Decree,
The next step is commenced with the appearance of the parties on a specified date before the court. The defendant can appear either personally or by his representative, and if he fails to appear t, then the court may proceed with an ex parte decree. On the other hand, if the plaintiff is a plaintiff on the date, then the court may dismiss the suit. Where both the parties are not present, the will court dismisses the suit. It is to be mentioned that if the summons were issued as the final disposition, then the defendant is required to present evidence or documents to support his case.
Filing of the written statement by the defendant
The provision of a written statement is mentioned in Order 8 of the Code of Civil Procedure,1908. The defendant is required to file a written statement of his defense within thirty to ninety days, as specified by the court. In case the defendant fails to file a written statement, the court may make decisions according to the objection. The Plaintn statements contain or point out all the allegations that the defendant is denying.
Production of documents and Examination of parties
After filling out the written statement, the next requirement is the production of documents; both parties are required to do this. Then, the stage is an examination of the parties on appearance; during the first hearing of the suit, the court will ask each party whether they agree to or deny the allegations that are made in the plaint and tainted statement. Such agreements or denials are recorded by the judge in writing; these provisions are mentioned in Order 10 of the Code of Civil Procedure, 1908.
Framing of issues
The stage after the examination of parties is the framing of issues, and the judge exclusively deals with these steps when a party denies some allegations that the other party made, and the judgment is delivered on these issues. Order 14 of the Code of Civil Procedure mentions the provisions regarding the framing of issues.
Secondly, Trial Stage-
Hearing of the Suit
After the issues are framed, the parties shall present the list of witnesses before the court. The list should include whom they propose to call, either to provide evidence or to produce documents. The list must be present on the specified date as the court decides and not later than fifteen days, as the same is mentioned in Order 16 of the Code of Civil Procedure.
When a date is fixed for the hearing of the suit, the party having the right to begin should start by stating his case and producing the evidence to support the issue that he is bound to prove. The other party will then continue by stating his cases and producing evidence. At this stage, the excesses will be examined, and cross-examination will be done.
Argument
After the examination of the witness, there will be time for argument between the parties. In this stage, both parties present a summary of the case and evidence in support of the issues, and this is the final session to prove their issues.
Thirdly, Pothe trial stage
JJudgmentUsually, judgment is the statement passed by the judge in the court on the grounds of which a decree is passed. After the hearing of the argument, the court will pronounce judgment at once or can reserve the judgment for a future date or within one month of the completion of the arguments. It is mentioned that every judgment contains a concise statement of the suit, points for determination, decision n, and reasons for the decision.
Decree
After the judgments are delivered t, the next step is the preparation of the decree. The decree shall agree with the judgment and attain the number of the suit, Name, and descriptions of the parties, their addresses, the claims, and reliefs that have been granted as per order 20 Rule 6,6A of the Code of Civil Procedure, 1908.
Execution of Decree
This is the last sta andnd in this stage, a decree-holder compels thjudgmentndebtorsrto o carry out the mandate of the decree or order. Also, the decree-holder can apply to the court to take the necessary steps to execute the decree. Execution will be considered to be complete if the decree-holder gets wwhathe awarded in judgment, decree, or order.
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