Different stages of a civil suit

1. Filing a Plaint: A civil suit is instituted by filing a plaint (Sec. 26, Order IV: Institution
of Suits, R 1).

Sec. 26: Every suit shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed.

Plaint is a document by presentation of which in a civil court a party seeks relief from
such a court. A plaint is to be filed in the office of the Court, called Sheresta. After
receiving the plaint, the Sherestadar, designated office staff, register the suit in a
register, called suit register (Order IV, R 2). A plaint is to be filed with two sets of
summons, one set is to be served by the process server (court peon) and another is to be
served through the postal service Sec. 27, Order V, Rule 19B(1-2).

Sec 27: Where a suit has been duly instituted, a summons may be issued to the defendant
to appear and answer the claim and may be served in manner prescribed.

Order V, Rule 19B (1-2): Simultaneous issue of summons for service by post in
addition to personal service.

All necessary documents in support of the plaintiff’s case are to be filed at the time of
filing of the plaint. Plaint shall contain some particulars such as the names and addresses
of the parties, the facts constituting the cause of action, the facts showing the jurisdiction
of the courts, the relief claimed etc. (Or. VII, R1). Summons when issued bears a date for
appearance of the defendant/s before the court and to answer the claim on the date
therein specified. Every summons shall be accompanied by a copy of the plaint or, if so
permitted, by a concise statement (Or.5, R 2). (for Issue and Service of Summons, please
see Order V)

2. Filling a written statement (WS): When summon is received by the defendant he may
file a written statement in the court on the date fixed through his lawyer (Order VIII:
Written Statement and set-off ).
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Order VIII, R1(1): The defendant shall, at or before the first hearing or within such
time not exceeding two months as the Court may permit, save as provided in the proviso
to sub-section (2) of section 80, present a written statement of his defense.

Order VIII, R1(2): Where the defendant relies upon documents in his possession or
power as evidence in support of his defence or claim of set off, he shall produce them in
Court when the written statement is presented and shall at the same time deliver the
documents to be filed with the written statement.

In the written statement, the defendant shall state his own case which he likes to prove
against the case of the plaintiff. The plaint and the written statement are jointly called as
pleadings (See Order 6, R1-2, Order 6 is about pleadings generally). Pleadings are to be
accompanied with vokalotnamas of the respective lawyers.
Order 6 R17: Amendment of pleadings:

3. Referral for mediation: After submitting the written statement by the defendant the
court shall refer the suit for mediation, a process of Alternative Dispute Resolution
(ADR). Referral for mediation is mandatory under the latest amendment dated
19.01.2016 of the CPC. However, if the dispute is not settled by way of ADR the court
will fix a date for framing issues (Sec. 89A).

4. Framing issues (Order-14): On a date for framing issues the court will frame issues.
Issues are the points upon what the parties are in disagreement, i.e., points upon what the
parties differ with each other. Issues will be framed by the court upon perusal of the
pleadings. Issues are the main points for determination in a suit. Parties are allowed to
adduce evidence only upon the issues framed by the court. Issues are the recapitulate of
disputes exist between the parties. After framing issues, the court will fix a date for
‘discovery and inspection’. Issues have to be framed within 15 days from the date of
filing written statement.

5. Discovery and inspection (Section 30, CPC): On this date the court will allow either
party to inspect the papers submitted by the adverse party. Here the parties are allowed
to cure the defects, if any, in their respective cases. For example, the defendant in his
written statement alleges that the plaintiff’s case is bad for defect of parties. So the

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plaintiff can cure this defect by asking the names of the necessary parties to be
impleaded to the defendant. After receiving names of the necessary parties supplied by
the defendant the plaintiff may implead them as the defendants in the suit and thereby
makes the suit cured from being bad for defect of parties. However, there are also others
things to do at this stage (Order XI).

6. Settling Date for peremptory hearing (SD): On this date a date is fixed for peremptory
hearing. Peremptory hearing is also called as the positive hearing. The purpose of this
date is actually to fix a date for peremptory hearing so that the parties can bring their
witnesses at their own conveniences.

7. Peremptory hearing (Order-18, Sec. 135-165 of the Evidence Act): On this date the
case is ready for trial. The parties examine their witnesses in favour of their respective
cases. Witnesses of the plaintiff are examined first, then the defendant’s. Each witness
has to face examination- in-chief and cross examination. Examination of a witness by
his own party is called examination- in-chief. Examination of a witness by the adverse
party is called cross examination. At this stage, the parties adduce evidences in favor of
their own cases. Documents submitted by the parties are exhibited as per the provisions
of the Evidence Act. The plaintiff's papers are numbered in the serial as Ext. No. 1, 2, 3
and the papers submitted the defendants are numbered in the serial as Ext. No. A, B, C.
The court shall complete the hearing of a suit within one hundred and twenty days from
the date fixed for its final hearing. Only working days shall be counted. (Reference:
Order 18 Rule 19, CPC)

8. Further hearing: Once the peremptory hearing is opened the next all days for taking
evidence is called ‘further hearing’.

9. Argument: When ‘evidence taking part’ is closed, a date is fixed for argument. On this
date lawyer/s of each party submits their arguments in favour of their own case. On this
date, usually respective lawyers of the parties submit decisions of the higher courts, if
any, in support of their own case. A date for pronouncement of judgment is fixed within
seven days from date of completion of argument. (Chapter 28 of the Civil Suits
Instructions Manual)

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10. Date for Judgment: On this date the court pronounces judgment after perusing all
evidences adduced in the case. In the judgment the court is required to give decision
upon each issue separately (which were framed earlier). Judgment is written in
prescribed form and manner. It is an elaborate discussion of the evidences adduced by
the parties. Each and every decision taken by the court is supported by reasons.

11. Decree drawn up: A decree is drawn up in prescribed form within seven days from the
date of the judgment. Result of the suit is described briefly in the decree (Order 20, Rule
5A).

(It is not relevant to the main topic; it is only for your learning.)

District Judge Court

Name of the Court Pecuniary Jurisdiction
District Judge Can hear Appeal on the suit valued below
05 lacs
Additional District Judge Can hear Appeal on the suit valued below
05 lacs

Name of the Court Pecuniary Jurisdiction

Joint District Judge 400001 to Unlimited
Senior Assistant Judge 200001-400000
Assistant Judge Up to 2 lacs

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