STAGES IN DETAIL:
- Plaint (Order 7) : The entire legal machinery under the Civil Law is set in motion by filing of plaint and hence plaint is the actual starting point of all pleadings in a case.
- Service of Summons : Summons is an instrument used by the court to commence a civil action or proceedings and is a means to acquire jurisdiction over party. It is a process directed to a proper officer requiring him to notify the person named, that an action has been commenced against him, in the court from where process is issued and that he is required to appear, on a day named and answer the claim in such action.
- Appearance of parties : On the day fixed in the summons the defendant is required to appear and answer and the parties shall attend the court unless the hearing is adjourned to a future day fixed by the court, if the defendant is absent court may proceed exparte.
- Ex-parteDecree : A decree against the Defendant without hearing him or in his absence or in absence of his defense can be passed .If an exparte decree is passed and the defendant satisfies that he was prevented by sufficient cause then he has remedies.
- Interlocutory Proceedings : The period involved between initiation and disposal of litigation is substantially long. The intervention of the court may sometimes be required to maintain the position as it prevailed on the date of litigation. In legal parlance it is known as "status quo”. It means preserving existing state of things on a given day. In that context interlocutory orders are provisional, interim, temporary as compare to final. It does not finally determine cause of action but only decides some intervening matter pertaining to the cause.
- Written Statement (Order 8) : The defendant is required to fiie written statement of his defense at or before the first hearing or such time as may be allowed If defendant disputes maintainability of the suit or takes the plea that the transaction is void it must be specifically stated. A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific.
- Production of Documents: . On this stage both parties have to file documents in court which are in their possession or power. If parties relay on some documents which are not in their possession in that case they have to apply to court for issue of summons to authority or persons in whose possession these documents are.
- Examination of parties (Order 10) : Examination of parties is an important stage after appearance. At first hearing of the suit the court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement. Such admissions and denials shall be recorded.
- Discovery and Inspection (Order 11) : The purpose of discovery and inspection of document and facts is to enable the parties to ascertain the facts to be proved. With the leave of the court the plaintiff or defendant may deliver interrogatories in writing for examination of opposite parties which are required to be answered and which are related to the matter.
- Admission (Order 12) : Either party may call upon the other party to admit within seven days from the date of service of the notice, any document saving all just exception.
- Framing of Issue (Order 14):The job of framing issues is exclusively assigned to a judge. Issues are framed considering provisions of order 14 rule 1 of C.P.C.
- Summoning And Attendance Of Witnesses (Order 16) : On the date appointed by the court and not later than 15 days after the date on which issues are settled parties shall present in court a list of witnesses whom they propose to call either to give evidence or to produce documents.
- Hearing Of Suits And Examination Of Witnesses (Order 18) : The plaintiff is entitled to have first right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of relief
- Argument :As soon as evidence of both side is over then the suit is kept for argument. Once the evidence has been submitted and cross-examination is conducted by the plaintiff and defendant, both sides are allowed to present a summary of their case and evidence to the judge in the Final argument session.
- Judgment (Order 20) : Judgment means the statement given by the judge on ground of which a decree is passed. The court after the case has been heard shall pronounce judgment in open court either within one month of completion of arguments or as soon thereafter as may be practicable, and when the judgment is to be pronounced judge shall fix a day in advance for that purpose.
- Preparation of Decree (Order 20 rule 6, 6A) : Once the judgment is delivered by a judge a decree is to be prepared by concerned clerk. Including all the personal details submitted, particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.
- Appeal, Review, Revision :
- Appeal :- An appeal may be an appeal from order or an appeal from decree. All orders are not appealable and complete discretion of the appealable order has been given in order 43 of the code of Civil Procedure Code. The appeal has to be preferred within prescribed limitation period before the appellate court. The limitation period for appeal to High Court is 90 days and appeal to District Court is 30 days. If the period of limitation is expired, then application for condonation of delay also is required to be moved.
- Review :- The right of review is having very limited scope under the Civil Procedure Code A review application is maintainable only when the following conditions are satisfied, 1. If involves a decree or order from which no appeal is allowed or if allowed it is not preferred. 2. The appellant was aggrieved, on the ground, that because of the discovery of a new and important matter of evidence, which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time of decree or on account of some mistake, apparently on the face of the record, or for any sufficient reason, desires to obtain a review of such decree.
- Revision :- The High Court in its revision jurisdiction can interfere in any case decided by subordinate court under certain circumstances. The High Court may call for the record of any case which has been decided by subordinate court and in which no appeal lies, if such subordinate court appears -
- 1. To have exercised, a jurisdiction not vested in it by law, or
- 2. To have failed to exercise a jurisdiction so vested, or
- 3. To have acted in exercise of its jurisdiction illegally; or
- 4. with material irregularity.
18.Execution of Decree (Order 21) :Execution is the medium by which a decree- holder compels the judgment-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the fruits of the judgment. The execution is complete when the judgment-creditor or decree-holder gets money or other thing awarded to him by judgment, decree or order.
