CIVIL PROCEDURE STAGES - Aniket Anjan

INTRODUCTION

Civil Procedure is the branch of law which govern the rules and regulation that court follows when overseeing a civil lawsuit. The federal rule of Civil Procedure governs the federal cases and other cases also and state or local courts may have their own rule and regulation for Civil Procedure that pertain to their civil lawsuit process. In this area, mainly law focuses on all the stages of civil cases, from filing the lawsuit to obtaining the judgment. it also governs the timing and the standard for certain stages of the civil case, as well as how the court and court staff must function during that case.

WHAT IS A SUIT?

· “suit” is not defined in the act. A suit is initiated by presenting a “plaint”.

· In a suit, there are two-part which are Plaintiff and Defendant.

· Plaintiff institute suit against the defendant by presenting a plaint before the court of law

· in the suit, the plaintiff has claimed certain remedies against the defendant.

WHAT IS A CIVIL SUIT?

A civil lawsuit is the based process through which a person X acts can seek to hold person Y liable for some time of harm's wrongful act. If person X is successful, usually he will get awarded compensation for the harm that resulted from person Y's action or inaction.

A civil suit can be brought over a contract dispute, a residential eviction, injuries sustained in a car accident, and many more. A civil case is mean to be compensated the person who was harmed whereas a criminal case is looking to punish the wrongdoer for a crime.

· Civil suits can be brought by anyone - A civil case is generally instigated by a private party which means a person or a business who has suffered some kind of harm or damage.

· The Burden of proof is lighter in a civil case- The "burden of proof" in a civil case must be shown for the defendant to be held liable for what the plaintiff is claiming.

STAGES IN CIVIL SUITS.

1. Institution of suits

2. issue of summons.

3. Written statement

4. Discovery

5. Issues

6. Trial

7. Judgment and Decree

1.INSTITUTIONS OF SUITS-

· A suit is instituted by a plaintiff only.

· Suits are not defined in the code but the suit is initiated by presenting “plaint” in the court.

· Plaint contains a concise statement of fact and claim or relief. it is accompanied by the necessary document on which the plaintiff relies.

· Provision about it is contained under section 26 of code of Civil Procedure 1908, Order one, two, three, and four.

2. ISSUE OF SUMMONS -

· After the institution of suits, the Court issue summons to the defendant to appear before the court and enter into defence.

· Provision about summons under sections 27, 28, 29 of code of Civil Procedure 1908, order three.

3.WRITTEN STATEMENTS-

· After Summons is served, Defendant has to appear before the court and at the first hearing has to submit the written statement.

· In a written statement defendant has to reply to the allegation from the plaint and take his defence.

· Provision about written statements is under order eight.

4.DISCOVERY-

· Parties to the suits which are plaintiff and defendant are entitled to know the nature and particular about the case

· If the pleading is not clear or vague opponent will not be able in a position to give a proper reply

· under section 30 and order 11, party to suits can ask the opposite party for “discovery of documents or by interrogatories”

5.ISSUES-

· Court has to settle issues between the plaintiff and defendant.

· it is finding of actual matter of controversy between parties to suits.

· Sues are settled or frame by considering facts mentioned in the plaint, written statement another document submitted by parties.

· order 11 contains a provision for issues.

6.TRAIL-

· The Trial is the stage where the court can receive evidence produced by the parties.

· First, it is for the plaintiff than the defendant to produce evidence before the court. Evidence includes all the statements and documents permitted by the court to be produced as evidence.

· provisions mentioned in order 18 and Indian Evidence Act 1872 is applicable

7.JUDGEMENT AND DECREE-

· After trial, when the court has been heard, shall pronounce judgment in the open court,

· About judgment notice shall be given to the parties. judgment cover finding of court on all the issues involved in the civil suits. on such judgment, decree follows.

· Provision related to judgment and decree is under section 33 and order 20.

EXECUTION PROCEEDING OR APPEAL

· After the judgment and decree.

· a plaintiff who is a decree-holder can file an execution proceeding against the defendant which is the judgment debtor, before the same courts. it is an independent proceeding than suits. execution proceeding is possible for the execution of order or decree,

· If a righter plaintiff or defendant or both are dissatisfied or aggrieved by the decision of they may file an appeal before the appellate court.

STAGES IN APPLICATIONS.

An application can be filled pending suit or it may be filled independently, in as civil suits There is no limitation as to the number of applications. Application in a suit and can be presented at any stage.

· APPLICATIONS- Application may be any interim relief or otherwise, it may be for an injunction, stay of proceeding, the appointment of Commission, applications plaintiff or defendant.

· SAYS- After receiving an application court issues notice or call say of defendant on the application.

· EVIDENCE - generally would consider pleadings and documents filed by parties. courts may direct parties to receive oral or documentary evidence.

· ORDER- After considering hearing on both parties, Court pass suitable table order on the application.