STAGES OF A CIVIL CASE (CIVIL SUIT) UNDER CPC, 1908

1. Presentation of Plaint (Order 7)

• Plaintiff files Plaint in civil court.
• Must include cause of action, facts, relief claimed, valuation, and jurisdiction, etc.
• Required documents and court fees must be attached.

2. Scrutiny of Plaint by Court

• Court checks defects(if any).
• Court may return plaint for correction (Order 7 Rule 11).

3. Registration of Suit

• After scrutiny, suit is officially registered.
• Suit number is allotted.

4. Issue of Summons to Defendant (Order 5)

• Court issues summons to defendant.
• Plaintiff must apply copies of Plaint for service.

5. Appearance of Defendant

• Defendant must appear on the date mentioned in summons.
• If defendant does not appear ->Ex-parte proceedings may start.

6. Filing of Written Statement (Order 8)

• Defendant files Written Statement (WS).
• Normally within 30 days
• Can be extended to 90 days with reasons
• Defendant also files:
  • Supporting documents
  • Admissions/denials
  • Counter-claim (if any)
  • Set-off (if any)

7. Replication by Plaintiff

• Plaintiff replies to Written Statement.
• Pleadings complete

8. Framing of Issues (Order 14)

Court frames issues based on:

• Facts admitted
• Facts denied
• Law points involved

Issues determine the scope of trial.

9. Evidence Stage

A. Plaintiff’s Evidence (Order 18)

• Filing of affidavits (Examination-in-chief).
• Cross-examination by defendant.
• Exihibits marked.

B. Defendant’s Evidence

• Defendant presents evidance.
• Filing of affidavits.
• Cross-examination by plaintiff.

10. Final Arguments

• Both sides argue based on pleadings, evidence, and law.

11. Judgment (Order 20)

• Court delivers judgment.
• Judgment contains reasoning and decision.

12. Decree

• Decree follows the judgment.
• It is the formal expression of adjudication.

13. Post-Decree Proceedings

Depending on outcome:

A. Execution Proceedings (Order 21)

If decree-holder seeks execution of decree:

• Attachment of property
• Arrest and detention
• Sale of property
• Appointment of receiver

B. Appeal(Sections 96, 100)

Any aggrieved party may file:

• First Appeal
• Second Appeal
• Review
• Revision

14. Settlement / ADR Options (At Any Stage)

• Lok Adalat
• Mediation
• Arbitration (if agreement exists)
• Conciliation

FLOW OF CIVIL CASE (Summary)

1. Plaint Filed
2. Scrutiny
3. Registration
4. Summons Issued
5. Appearance of Defendant
6. Written Statement
7. Replication
8. Framing of Issues
9. Plaintiff Evidence
10. Defendant Evidence
11. Final Arguments
12. Judgment
13. Decree
14. Appeal / Execution