stages of the civil suit
Cause of action (cos)
It’s the foundation of the suit
A set of facts or allegations that make up the grounds for filling a lawsuit
- Existence of rights
- Right to sue
PLAINT
*Filed by the plaintiff*
SEC 26 = institution of the suit [every suit shall be instituted by the presentation of a plaint or in other manner prescribed] (2. Fact shall be proved by affidavit)
Order II – framing of suit
ORDER IV
- the suit commenced by plaint [ every suit shall be instituted by the presenting a (plaint in duplicate to the court) or such officer as it appoints on this behalf)
- shall comply with rules contained in orders VI and VII
- plaint deemed not instituted unless follow sub-rule 1&2
Order VI (total 18 rules)
- pleading- shall mean plaint or written statement
- content material fact, not evidence (certain, prescribe, conscience)
- forms of pleading- forms in Appendix A when applicable
ORDER VII (1-9) scribes what the plaint must contain (rule 1 to 9)
ORDER VII/11 = rejection of plaint ‘deemed decree’ (12,13,14,)
SUMMON
Order V – total rule ‘30’
- Order V/1. summons- the suit has been instituted, Summon may be issued to the defendant to appear and answer the claim
- Sec 27 to 32 - summon and discovery
- Sec. 27- summon to the defendant not (beyond 30 days of the institution of the suit)
- sec. 28- service of summoning where the defendant resides in another state
- Sec. 29-service of foreign summons
- Sec. 31- Summon to witness
- Sec. 32- penalty for defaults
WRITTEN STATEMENT
( By the defendant )
- Order VIII/1- written statement by the defendant within 30 days from date of service of summon [ provided- if failed can extend to 90 days]
- VIII/10 - procedure when a party fails to present a written statement called for by the court
- If any party fails to present WS from whom its required Shall pronounce judgment against him
- Order IX - the appearance of parties and consequences of non-appearance (total rules – 14)
- IX/1 - parties must appear on a fixed date in summons in person or by their representative pleader.
- IX/2 - when neither party appears, suit to be dismissed.
- IX/6 - procedure when only plaintiff appears.
- IX/8 - when only defendant appears
- IX/13 - decree ex parte against defendant
- Sec-89 (part v) - ADR settlement of dispute outside the court
- Order X - examination of parties by the court / Order XI –discovery and inspection of documents in suits before the court / Order XII admission by the parties
ISSUE FRAMING
( Before the judge )
- Order XIV- settlement of issues and determination of suit on issues of law or on issue agreed upon (total 7 rules)
- XIV/1- framing of issues. Sub-rule 4 issues of two kinds-; 1. issue of fact 2. issue of law
- Order XV- disposal of the suit at the first hearing
- XV/1- parties not at issue – if there is no issue of law or fact then the court may pronounce judgment
- Order XVII- adjournment – rule 1. The court may grant time and adjourn the hearing, ( provide not more than 3 times during the hearing)
TRIAL
- Parties produce evidence before the court, it’s proved or disproved / relevant fact or fact in issue
- Order XVIII – hearing of the suit and examination of witness
- XVIII/1. right to begin- to the plaintiff or if some additional fact is alleged by the defendant, then this right goes to the defendant
JUDGMENT - sec2(9)- statement given by the judge
DECREE
sec2(2) a formal expression of an adjudication, which conclusively determines the right of the parties (either preliminary or final)
ORDER
- sec 2(14) formal expression of court which is not a decree
- Sec 33- judgment and decree- the court, after the case has been heard, shall pronounce the judgment, and on such judgment, a decree shall follow.
- Order XX- judgement and decree, (Rule1- judgment when pronounce/Rule6 content of decree)
- Rule 6A- 1)- within 15 days from the date of the judgment decree shall pronounced
- An appeal may be filed against a decree but cannot be filed against an order
EXECUTION OF DECREE
- (final decree)
- part 2 sec 36-72 = EXECUTION
- Order 21 ( total rule 106 ) Execution of decree and order