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STAGES OF SUIT[1]

QUESTION BANK

1. Describe the different stages of a civil suit from the time of institution till it is finally determined.
2. How is a suit to be instituted? What are the rules regarding institution of suit?

SHORT NOTES

1. Instituting of suit.
2. Cause of action.

SYNOPSIS

1. INSTITUTION OF SUIT (S. 26 & Order IV)-

Essentials of a suit-

1. a) Two parties-
2. b) Cause of action-
3. c) Subject matter-
4. d) Relief claimed-
5. SERVICE OF SUMMONS (Ss. 27 to 29. O. V):

III. WRITTEN STATEMENT.

1. FRAMING OF ISSUES (O. XIV).-
2. PRODUCTION OF EVIDENCE.
3. ARGUMENTS.
4. JUDGMENT.

VII. DECREE.

VIII. EXECUTION.

                    Suits pass through number of stages. Following are the important stages of suit-

1. INSTITUTION OF SUIT[2] (S. 26 & Order IV)-

          Every aggrieved person has a right to institute a suit of civil nature. Unless the civil suit is instituted, no relief can be granted by the civil court. A ‘suit’ is a civil proceeding instituted by the presentation of a plaint.

1. 26 & Order IV provide that every suit is to be instituted by presenting a plaint[3] to the competent Court[4].

Essentials of a suit–

          Following are the essentials of institution of suit. Viz;

1. a) Two parties-

          Every suit should have two parties i.e. plaintiff and defendant.

1. b) Cause of action[5]–

          Every suit must contain a cause of action. Cause of action is “a bundle of essential facts, which plaintiff has to prove before he can succeed”.

1. c) Subject matter[6]–

          In every suit, some right or property must have been claimed, which is known as the subject matter of the suit.

1. d) Relief claimed[7]–

          In every suit, some relief should have been claimed.

          Orders I to VII are related to institution of suit before the Court.

29. SERVICE OF SUMMONS[8] (Ss[9]. 27 to 29. O[10]. V):

          After institution of the suit Court orders issue of summons to defendant to appear and answer the claim on the day and date fixed by it. If he does not appear Court will proceed ex-parte against him, granting plaintiff’s claim.

III. WRITTEN STATEMENT[11].

          After the service of the summons on the defendant, the defendant answers the plaint by filing a ‘written statement’. The written statement is a ‘reply of the defendant to the plaint filed by a plaintiff.” The reply deals with each allegation made in the plaint and clearly stating that which of the allegations are admitted or denied. A written statement is a pleading[12] of the defendant. Provisions as to written statements are contained in O. VIII of the Code[13].

1. FRAMING OF ISSUES (O. XIV).-

          ‘Issue’ means ‘a point in question, an important subject of debate or litigation. Issues are the points to be proved by evidence, which court fixes when material points of fact or law are affirmed by the plaintiff and denied by the defendant. For example, if there is suit for maintenance filed by the wife against the husband. In this suit wife pleads in her pleading that the marriage of her husband took place on 20/11/07, and out of that marriage, she has one child, but the husband is not maintaining them. In his written statement husband asserts that he is ready to maintain his wife, but wife is not cohabiting with him. In this matter, the fact of the marriage of the wife with her husband is not denied. Even having a child out of wedlock is also not denied by the husband; therefore, the court will frame the issue of whether the wife on her own is not cohabiting with her husband? Whether Is she entitled to maintenance? In this matter, Court will not frame the issue of whether both have married because fact of the marriage is not denied by the husband.    

1. PRODUCTION OF EVIDENCE / TRIAL[14]–

          After framing the issues, the next stage is the production of evidence by the parties. It is also called a ‘trial’. Plaintiff has to bring evidence in support of his statement in the plaint and according to the issues framed by the Court. After completion of the plaintiff’s evidence, the defendant brings his evidence. Orders X, XII, XIII and XV to XVIV deal with rules relating to the production of evidence.

1. ARGUMENTS.

          After the completion of evidence from both parties, the next stage is arguments. Pleaders of both parties argue before Court the matter in their favour, according to the evidence brought on record and existing legal provisions.

1. JUDGMENT.

          After hearing arguments from both parties, Court pronounces judgment. Order XX rules 1 to 6 B & 20 deal with the rules as to judgment.

VII. DECREE[15].

          ‘Decree’ means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy. In other words, it is an executory part of the judgment. Order XX rules 7 to 20 deal with the rules as to decree.

VIII. EXECUTION[16].

          Execution is the enforcement of decrees and orders of the Court by the process of the Court. It is the performance and implementation of carrying into effect the final judgment of the Court or any other tribunal.

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[1] दाव्यातील टप्पे,         [दावे में के चरण,]

[2] दावा सुरू करणे,  [दावा शुरू करना]

[3] वादपत्र, [दलीलें,]

[4] सक्षम न्यायालय, [सक्षम अदालत,]

[5] दाव्याचे कारण,    [दावे का कारण]

[6] वाद-विषय,        [विवाद,]

[7] मागितलेली मदत, [मांगी  हुई मदत]

[8] समन्स- प्र. वादीवर समंन्स बजावने   [समन्स- वादी पर समन की तामील]

[9] ‘S’ is used to denote ‘section’ and ‘Ss.’ is used to denote ‘sections’.

[10] ‘O’ denotes Order and ‘R’ denotes Rule.

[11] प्रतिवादपत्र / कैफियत

[12]  वादकथन ज्यामधे वादपत्र व कैफियत यांचा समावेष होतो           [वाद कथन जिसमें तर्क और तर्क शामिल हैं]

[13] ‘Code’ here means ‘Civil Procedure Code’.

[14] पुरावा सादर करणे          [सबूत पेश करना]

[15] हुकूमनामा

[16] दरखास्त – निकालाची अंम्मलबजावणी करण्यासाठीची प्रक्रीया      [दरखास्त -निर्णय को क्रियान्वित करने की प्रक्रिया]