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INSTITUTE OF LAW

NAME : ARSHAD ALI SAMEJO

ROLL NO : 2K17 /LLB/ 33 ( Section-A)

Assignment Topic : “ STAGES OF CIVIL TRIAL ’’

Subject : Law of Civil Procedure

Submitted To : Respected Sir Ali Raza Laghari.

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Introduction of Civil Suit:

Basically, the civil suit is a dispute that arises between individuals in personal
capacity i.e, Partition, Property etc. and such kind of dispute in a personal capacity,
is ruled by Code of Civil Procedure, 1908 and the Civil courts have jurisdiction to
try all suits of a civil nature excepting those that are expressly or impliedly barred.

Essentials of Civil Suit:

 There must presence of opposite party.

 Cause of action.

 Subject matter.

 Relief claimed.

Stages of Civil Suit as per Civil Procedure Code, 1908:

Stage 01: Institution of Suit:
Section 26 and Order 4 of Civil Procedure Code 1908 describe institution of suit
it states that “Every suit shall be instituted by presenting a plaint to court”. The
term “plaint” has not been well-defined in any act. Though, it can be said that it’s a
statement of claim or right, a document by the presentation of which the civil suit
instituted. Plaint is the genuine preliminary point of all pleadings in a civil case.

Particulars of Plaint Order 07, Rule 01

a) Name of the court in which suit is to be filed.

b) Name, description and place of residence of the plaintiff.

c) Name, description and place of residence of the defendant so far it can be

ascertained.

d) Where the plaintiff or defendant is a minor or person of unsound mind

statement to that effect.

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e) Facts constituting the cause of action and when it arose.

f) Fact showing that the court has jurisdiction.

g) Relief which the plaintiff claims.

h) Where plaintiff has allowed a set off or relinquishes a portion of his claim,
the amount so allowed for relinquishment.

i) Statement of the value of the subject matter of the suit for purpose of
jurisdiction and court fees.

 After submitting of the plaint, if Court finds that it’s not correct court will
return it, and intimation thereof can be specified to the plaintiff.

The court reject plaint on following grounds (Order 7, Rule 11)

a) Where it does not disclose the cause of action

b) Where the relief claimed is undervalued and plaintiff on being require by the
court to correct the valuation within the time fixed and fails to do so.

c) If the relief claimed is properly valued but plaint is written on paper

insufficiently stamped and plaintiff on being require by court to supply the
requisite stamped paper within fix time and the plaintiff fails to do so.

d) Where the suit appears to be time barred, from the statements in the plaint.

e) When the plaint does not disclose any cause of action.

 Order 7, Rule 12: If a judge who rejected a plaint shall record an order to
that effect with reasons for such order.

 The court may at any stage of proceeding allow either party to alter or
amend his pleadings. (Order 6, Rule 17).

Stage 02: Service of Summon to Defendant: (Order 05 CPC)

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Basically, Summons is an instrument used by the court to commence a civil action

or proceedings. It’s the process in which proper officer is directed to notify the
person named as defendant.

 When the suit has been duly instituted a summons may be issued to
defendant to appear and answer the claim on day to be fixed by court.
Defendant to whom a summons has been issued may appear in person or by
a pleader duly instructed or by a pleader accompanied by some person who
is able to answer all questions. (Order 05, Rule 01).

 Court can summons to defendant for final disposal of case and order him to
produce his witnesses. (Order o5 and Rule 08).

 When the summons is not served by ordinary process through the court
bailiff. Where the court is satisfied that there is reason to believe that the
defendant is keeping out of the way for purpose of avoiding service or that
for any others reason the summons cannot be served in ordinary way the
court order for issuing of substituted service.

Court orders substituted service by any following mode

1) Affixing copy of summons at conspicuous part.

2) By any electronic device of communication like radio, television and

telegram.

3) By Urgent mail service or public courier service.

4) Beat of dram

5) Publication in press or newspaper. (ORDER 5, RULE 20)

Stage 03: Filing of Written Statement. (Order o8)
Actually, the Written statement is denial of claims alleged by plaintiff in his Plaint.
The defendant may and if so, require by court at or before 1 st hearing shall present
his written statement for his defence within period not exceeding ordinary than 30
days from service of summons on him. (Order 8, Rule 01).
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The Written Statement Contains:

1) New facts must be specifically pleaded: Means defendant shows that suit is
not maintainable or the transactions are void. (Order 8, Rule 02)

2) Denial To be specific: Its not enough for the defendant to deny generally
grounds alleged in plaint. Defendant must deal specifically with each
allegations of fact except damages. (Order 8, Rule 03).

3) Evasive denial: Where a defendant denies an allegation of fact in plaint, he

must to do so not evasively, but answer the point of substance. (Order 8,
Rule 04).

4) Every allegation if not so denied specially or by necessary implication or

stated to be not admitted in pleading of defendant, shall be taken to be
admitted. (Order 8, Rule 05)

5) Particulars of set-off to be given in written statement. (Order 8, Rule 06).

Definition of SET OFF: Where in suit by the plaintiff for recovery of money and
defendant find that he has a claim of some amount against the plaintiff what he do
is he can claim a set off in respect of the said amount.

 Where any party from whom a written statement is required fails to present
the same within the time permitted or fixed by the court, as the case may be
the court shall pronounce judgment against him. (Order 8, Rule 10).

Stage 04: Appearance of Parties (Order 09) :

On the day fixed in the summons the defendant is required to appear and answer
and the parties shall attend at court house in person or by their respective pleaders
and suit shall be heard unless the hearing is adjourned to a future day fixed by the
court. (Order 9, Rule 01).

 Court shall dismiss the suit if summon was not served to defendant on
consequence of plaintiff’s failure to pay court or postal charges for such
service. (Order 9, Rule 02)
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 Where Plaintiff and Defendant not appear in court on day fixed for hearing
court may make an order for demises of suit. (Order 9, Rule 03).

Stage 06: 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 if
any of opposite party and admitted or denied by party against whom they are made.
Court shall record such admissions and denials. (Order 10, Rule 01).

The court may adopt lawful procedure such as: Order 10, Rule 1-A

a) Conduct preliminary proceedings and give order for expediating processing

of case.

b) Issue commission with consent of parties for examine witness and dmit
documents and take other steps

c) Adopt with consent of parties’ alternative dispute resolution such as

mediation and conciliation.

 The examination may be an oral examination. And substance of examination

shall be reduced to writing by judge and become part of record. Rule 2 and
3 of Order 10.

When the pleader of the party who appears, refuses or is unable to answer any
material question relating to suit court may direct the concerned party should
answer it to whom such pleader represents. If the party does not appear in
person court may pronounce judgment against him or such other orders. (Order
10, Rule 4).

Stage 07: 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
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parties which are required to be answered and which are related to the matter. It is
necessary for parties to gain knowledge about each other case and their contentions
to be put before court.

Stage 08: 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. In case of refusal
or neglect to admit after such notice, the cost of proving such document shall be
paid by the party, so neglecting or refusing whatever be the result of the suit may
be, unless the court otherwise directs and no cost of proving any such document
shall be allowed unless such notice is given, except where the omission to give the
notice is in the opinion of the court a saving of expenses. The above procedure is
rarely followed by the advocates of parties.

Stage 09: Framing of Issue (Order 14):

The following stage of civil trial is framing of issues. Issue arise when material
proposition of fact or law is affirmed by one party and denied by other party. The
job of framing issues is exclusively assigned to a judge.

 Material propositions are those propositions of law or fact which a plaintiff

must allege in order to show a right to sue or a defendant must allege in
order to constitute his defense.

 Each material proposition affirmed by one party denied by other shall form
subject of distinct issues.

 Issues are of two kinds 1; issue of law and fact 2: issue of fact. (Order 14
Rule 1).
 When issue of law and fact arise in same suit. Court will try issue of law
first (Rule 02).

 Court may at any stage before passing of decree amend issue or frame
additional issues. (Rule 05)

Stage 10: Summoning and Attendance of Witnesses (Order 16):

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Next step of civil trial is summoning and attendance of witness. Not later than 07
days after the date on which issues are settled the parties shall present in court a list
of witnesses whom they propose to call either to give evidence or to produce
documents. A party is not permitted to call witnesses other than those contained in
list. Except with approval of court. Party may obtain summons for person whose
attendance is required by court by filing of application to the court. (Order 16,
Rule 01)
 Expenses of witness must be paid into court by party who applied for
summons. And if summon is for any expert the scale of expenses rule made
by High court in this behalf if such court is subordinate to it. But
government applied for summons to any of his officer is exempted (Rule
02).

Stage 11: 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. In such case defendant has the right to begin. (Order 18, Rule 01)

 On the day fixed for the hearing of the suit or any other day to which hearing
is adjourned the party having right to begin shall state his case and produce
his evidence in support of issue which he is bound to prove. And other party
shall then state his case and produce his evidence and that address court
generally on case. (Order 18, Rule 02)

 Witnesses to be examined in open court and will be taken orally in presence

and direction and superintendence of judge. (Order 18, Rule 04)

The plaintiff has to state his case in front of the judge. The plaintiff has to submit
the evidence that was earlier marked. If any evidence was not marked earlier then
it will not be considered by the court. Then the plaintiff will be cross-examined by
the defendant's Advocate. The witnesses from plaintiff's side also have to appear in
the court, who are also cross-examined by the defendant's lawyer. The defendant
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also presents his side of the story supported by his witnesses and evidence from his
side. The evidence needs to be marked earlier by the court, otherwise it will not be
considered by the court. The plaintiff's lawyer will then cross-examine the
defendant.

Stage 12: Argument:

As soon as evidence of each side is over then the suit is kept for argument. On
completation evidence the court shall fix a date not exceeding 15 days 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.

Stage 13: Judgment (Order 20):

Judgment means the statement given by the judge on ground of which a decree is
passed. The court after arguments and hearing oral submissions pronounce
judgement in open court at same day or on future day not exceeding 30 days for
which due notice shall be given to parties or their pleaders. (Order 20 Rule 01)

 Judgement shall be dated and signed by judge and once it signed shall not
afterward altered except by review or under Section 152 of Civil procedure
code 1908. (Order 20 Rule 03)

Judgment Contains: (Order 20 Rule 4) The judgments of all courts contain

following points except court of small causes.

1) Judgment Contain concise statement of case.

2) The points of determination.

3) The Decision thereon.

4) Reasons for such decision.

Decree (Order 20 Rule 06):

Decree is expression of judgment. The decree shall agree with the judgment. It
shall contain the number of the suit, the names and descriptions of the parties, their
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registered addresses, and particulars of the claim, and shall specify clearly the
relief granted or other determination of the suit. The decree shall also state amount
of costs incurred in suit and by whom or out of what property and in what
proportions such costs are to be paid.