14 Stages of Civil Suit As Per Civil Procedure Code

14 Stages of Civil Suit As Per Civil Procedure Code

StageProvisionTimeOption
Filing of plaintOrder 7, Rule 130 daysPlaintiff can withdraw the plaint within this time period.
Service of summonsOrder 7, Rule 230 daysDefendant can file a written statement within this time period.
Appearance of partiesOrder 9, Rule 130 daysParties can appear in person or through their lawyers.
Written statementOrder 8, Rule 130 daysDefendant can file a written statement denying the plaintiff’s claim.
SettlementSection 89Any timeParties can settle the dispute at any time before the judgment is pronounced.
Interlocutory proceedingsVarious ordersAs per orderThese are proceedings that are taken up by the court during the course of the suit to decide some interim matter, such as the grant of an injunction or the appointment of a receiver.
Production of documentsOrder 13As per orderParties are required to produce all documents relevant to the case.
Examination of partiesOrder 10As per orderParties are examined by the court to elicit their evidence.
Discovery and inspectionOrder 12As per orderParties are allowed to inspect each other’s documents and to ask questions about them.
AdmissionOrder 11As per orderParties can admit facts that are not in dispute.
Framing of issuesOrder 14As per orderThe court frames the issues that are to be decided in the case.
Hearing of suit and examination of witnessesOrder 18As per orderThe court hears the evidence of the parties and their witnesses.
JudgmentOrder 20As per orderThe court pronounces its judgment after considering the evidence and arguments of the parties.
Appeal, review, and revisionVarious provisionsAs per provisionThe parties can appeal against the judgment, or the court can review or revise it.
  1. Filing of plaint
    1. The plaintiff files a plaint in the court of competent jurisdiction. The plaint must contain the following:
      1. The names and addresses of the plaintiff and the defendant.
      1. The facts of the case.
      1. The relief that the plaintiff is seeking.
    1. The plaint is then served on the defendant.
  2. Service of summons
    1. The summons is a document that orders the defendant to appear in court and answer the plaintiff’s claim.
    1. The summons must be served within the prescribed time period.
  3. Appearance of parties
    1. The defendant must appear in court on the date mentioned in the summons.
    1. If the defendant does not appear, the court may proceed ex parte (in the absence of the defendant).
  4. Written statement
    1. The defendant files a written statement in response to the plaintiff’s plaint.
    1. The written statement must deny or admit the plaintiff’s allegations.
    1. The defendant may also raise a counterclaim against the plaintiff.
  5. Settlement
    1. The parties may settle the dispute at any time before the judgment is pronounced.
    1. If the parties settle, the court will pass an order dismissing the suit.
  6. Interlocutory proceedings
    1. These are proceedings that are taken up by the court during the course of the suit to decide some interim matter, such as the grant of an injunction or the appointment of a receiver.
  7. Production of documents
    1. The parties are required to produce all documents relevant to the case.
    1. The court may order the parties to produce specific documents.
  8. Examination of parties
    1. The parties are examined by the court to elicit their evidence.
    1. The court may also examine witnesses.

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