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Stages of The Civil Suit As Per The Civil Procedure Code, 1908

The document outlines the 14 key stages of a civil suit under the Civil Procedure Code 1908 in India. The stages are: 1) presentation of the plaint, 2) service of summons on the defendant, 3) appearance of parties in court, 4) ex-parte decree if defendant does not appear, 5) filing of a 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) arguments, 12) judgment, 13) preparation of decree, and 14) execution of decree. Each stage of the civil suit process is discussed

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185 views5 pages

Stages of The Civil Suit As Per The Civil Procedure Code, 1908

The document outlines the 14 key stages of a civil suit under the Civil Procedure Code 1908 in India. The stages are: 1) presentation of the plaint, 2) service of summons on the defendant, 3) appearance of parties in court, 4) ex-parte decree if defendant does not appear, 5) filing of a 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) arguments, 12) judgment, 13) preparation of decree, and 14) execution of decree. Each stage of the civil suit process is discussed

Uploaded by

Narayan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Stages of the Civil Suit under Civil Procedure Code, 1908 - Lawnotes4u https://www.lawnotes4u.in/2018/11/stage-of-civil-suit-under-CPC-or-pr...

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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 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

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Stages of the Civil Suit under Civil Procedure Code, 1908 - Lawnotes4u https://www.lawnotes4u.in/2018/11/stage-of-civil-suit-under-CPC-or-pr...

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 the civil law set in motion by the filling the plaint.

For the 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 whose 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 that what is
written statement. 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 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

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Stages of the Civil Suit under Civil Procedure Code, 1908 - Lawnotes4u https://www.lawnotes4u.in/2018/11/stage-of-civil-suit-under-CPC-or-pr...

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 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 that is 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 framing 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 hearing of suits and examination of witnesses commence. First right to
begin is of plaintiff unless the defendant admits the facts alleged by the plaintiff and contend 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 to 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 Decree, and it is to be prepared by the concerned clerk.

14) Execution of Decree:-


In this stage, 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 judgment creditor or decree-
holder gets money or other thing awarded to him by judgment, decree or order.

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Stages of the Civil Suit under Civil Procedure Code, 1908 - Lawnotes4u https://www.lawnotes4u.in/2018/11/stage-of-civil-suit-under-CPC-or-pr...

Thanks for reading

Related Articles:-

1. Stages of a Criminal trial in India under Cr.P.C.


2. Stages of a Criminal trial in warrant case under Cr.P.C.
3. Stages of a Criminal trial in Summon cases under CrPC in India

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