MAHARASHTRA NATIONAL LAW

UNIVERSITY, MUMBAI

‘Life Cycle of a suit’

B.A., LL.B. (Hons.) Fourth Semester, Second Year

 PRESENTATION OF PLAINT [ORDER VII]

 Section 26, Order 4 R.1:- Every suit must be instituted by the presentation of a plaint in duplicate or in such other
manner as may be prescribed by the Code by the plaintiff himself or by his advocate or by his recognised agent or by
any person duly authorised by him

 A plaint is a legal document which contains the written statement of the plaintiff’s claim, by the presentation of which
the suit is instituted.

 Presentation of the plaint in the court is the first step or starting point of all the pleading in a case. The whole judicial
system under the civil law set in motion by the filling the plaint.

 Plaint contains concise statement of facts and claim/relief. It is accompanied with necessary documents on which
plaintiff is relying.

 The plaint has to be presented in the ‘Court of the lowest grade competent to try the matter under- Section 15 to 20.
Such Presentation must be by delivery, in duplicate to the Court or to an officer either - “personally or by a pleader.
1. PARTICULARS OF THE PLAINT

Name of the court where Suit is to be filed

Name, description and place of residence of the plaintiff

Name, description and place of residence of the defendant.

Facts constituting the cause of action and when it arose.

Fact showing that the court has jurisdiction.

Relief which the plaintiff claims.

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

Statement of the value of the subject matter of the suit for

purpose of jurisdiction and court fees.

2. RETURN OF PLAINT [Order VII R.10]

At any stage of the suit , the plaint can be returned to be presented to the Court in whom the suit ought to have been instituted.
 3. REJECTION OF PLAINT

R.11 lays down that a plaint is to be rejected in the following cases:

• a) where it does not disclose a cause of action;

• b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to

• correct the valuation within a time to be fixed by the Court, fails to do so;

• c) where the relief claimed is properly valued, but the plaint i is written upon paper insufficiently - stamped, and the plaintiff, on being
required by the Court to supply the requisite stamppaper within a time to be fixed by the Court, fails to do so;

• d) where the suit appears from the statement in the plaint to be barred by any law:

• e) where it is not filed in duplicate; and : .

• f) where the piaintiff has not complied with R.9.

 SERVICE OF SUMMONS [ORDER V; SECTIONS 27 – 32;]

1. What is Summon?

• A “summons” is a document issued from the office of a Court of justice, calling upon the person to
whom it is directed to attend before a judge or an officer of the -Court for certain purposes.

• It permits the defendant to appear and answer the claim of the plaintiff.

• No further action can be taken against the defendant unless summon is served. This ensures a fair trial ,

• Section 27 provides that when a suit has been duly instituted, summons may be issued to the defendant
to appear and answer the claim. The summons should be sent to defendants within 30 days of the
institution of the suit.
Service of Summons
 APPEARANCE OF PARTIES [ORDER IX]
• The parties to the suit are required to attend the Court in person or by their pleaders on the day fixed in the summons for the defendant to
appear. [Order 7 R.1]

 CONSEQUENCES OF NON - APPEARANCE OF PARTIES

• The consequences of non - appearance of the parties can be divided into three parts :

• a ) If both the parties are absent , the suit will be dismissed ( Rule 3) . But second suit is not barred .

• b ) If plaintiff is absent , the suit will be dismissed and the second suit on the same cause of action is barred under Rule 9 of Order9 .

• c ) If defendant is absent , an Ex - parte decree can be passed ( Rule 6 )

 Ex- parte Decree

1. Meaning
• Ex - parte decree is a decree passed in the absence of the defendant.
• If the defendant does not appear when the suit is called out for hearing and if the defendant is duly served
the Court may hear the suit Ex - parte and pass a decree against him.
• It is legal, valid , operative and enforceable like a bi- parte decree and it has all the force of a valid decree

2. Remedies against the Ex-parte decree

a ) to apply to the Court by which such decree is passed to set it aside : [Order 9 , Rule 13] ;
b) To prefer an appeal against such decree : [Section 96 ( 2 )] ; or
c) to apply for review : [Order 47 , Rule 1]; or
d) to file a suit on the ground of fraud .
 INTERLOCUTORY ORDERS [SECTION 95, ORDER XXIX]

• Interim or interlocutory orders are those orders passed by a court during the pendency of a suit which do not determine
finally the substantive rights and liabilities of the parties in respect of the subject­matter of the suit or proceeding.

• They are passed to

a) assist the parties in the prosecution of their case, or

b) for the purpose of protecting the - subject - matter of the suit or

c) for ensuring the determination of the merits of the case.

• It does not finally determine cause of action but only decides some intervening matter pertaining to the cause.
 Temporary
Arrest and Appointme
injunctions
Appointme
attachment nt of
andnt of
before commissio
interlocutor
receiver
judgment ner [Order
y orders
[Order 40]
[Order 38] 26]
[Order 39]
 WRITTEN STATEMENT- [ORDER VIII]

• Meaning: ‘The pleading of the defendant in reply to that plaint filed by the plaintiff.’
• Thedefendant is also bound to produce all the documents in support of his defence, or claim for set - off.or
counter - claim which are in his possession.
• Should be filed at or before the first hearing or such time as may be allowed
• Every allegation of fact in the plaint, if not denied specifically in written statement shail be taken to be admitted
• A written statement may be filed by the defendant or by his duly constituted agent.
• In case of several defendants and a common written statement is filed by them, it must be signed by all of them

PERIOD FOR FILING A WRITTEN STATEMENT (ORDER 8 , RULE 1)

• A writtenstatement must be presnted within thirty days from the service of summons on him. The said period
can be extended up to ninety days [Kailash v. Nanhku (2005) 4 SCC 480]
 PRODUCTION OF DOCUMENTS [ORDER XI RULE 14]

• In a contested case the documentary evidence of both sides is vital.

• Either side can have the documents relied upon by the other side to be produced in Court.

• The inspection of those documents can take place and if necessary, the same can be challenged in Court.
 EXAMINATION OF PARTIES [ ORDER X]

• 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.
Such admissions and denials shall be recorded.

• The examination may be an oral examination.

• When a party, if the pleader of the party who appears, refuses or is unable to answer any
material question court may direct the concerned party should remain present in the court.

• If the party does not remain present court may pass such orders as deemed fit
 DISCOVERY AND INSPECTION [ORDER XI]

• 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 parties which are required to be answered and which are related to the matter.
 ADMISSION [ORDER XII]

• 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
 FRAMING OF ISSUES [ORDER XIV]

• The job of framing issues is exclusively assigned to a judge.

• Issues are framed considering provisions of Order 14 Rule 1 of C.P.C.

• Rule 1 sub rule (1) states: "Issues arise when a material proposition of fact or law is affirmed by one
party and denied by the other."

• Sub rule (2) states: "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 defence,"

• Sub rule (3) states: "Each material proposition affirmed by one party denied by other shall form
subject of distinct issues."
• Issues of fact
• Issues of law.
 SUMMONING AND ATTENDANCE OF WITNESSES [ORDER
XVI]

• (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which
the 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 and obtain summonses to such person for their attendance in Court.

• (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an
application stating therein the purpose for which the witness is proposed to be summoned.

• (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court
or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such
part shows sufficient cause for the omission to mention the name of such witness in the said list.
 HEARING OF SUITS AND EXAMINATION OF WITNESSES
[ORDER XVIII]

• The next stage of a civil suit is the hearing of suits and the examination of witnesses, which begins after
the production of documents.

• The right to begin the process of hearing lies on the plaintiff.

• Evidence in support of the ISSUES is produced by the party who has the right to begin.

• Affidavit for evidence in chief for each witness is required to be filled.

• Evidence shall be taken down in the form prescribed by rule 5 of this order, unless otherwise mentioned by
the court and shall be interpreted in the same manner as stated in the rule.

• The court may take down any particular question and answer or raise objections to any question, if there
appears to be any special reason to do so
 ARGUMENTS

• Once the stage of hearing suits and cross-examination of witnesses is completed, the next stage is
arguments.

• Court determines the dispute, both parties appear and explain their facts and circumstances.

• Both parties deliver a summary of the case and evidence to the court in the final session after the
evidence has been produced and both parties have undertaken cross-examination.
 JUDGMENT [ORDER XX]
• After the case has been heard by the court, the next stage is Judgement which is pronounced in an open
court.

• There are judgements of Small Cause Court and other courts, in which the particulars mentioned are
different.

• The court then decides on each issue with reasons.

• In case the parties are represented by a pleader, the court shall in such case inform the parties where the
appeal lies and the period of limitation of such appeal and put on record the information that given to
the parties.
 PREPARATION OF DECREE [ORDER XX
RULE 6A]

• The next step is to prepare a Decree, after the judgement has been delivered.

• The decree shall agree with the judgement and clearly specify the particulars of the claim along with
the relief granted.

• An appeal is preferred against the decree without filing a copy of the decree and in such a case the copy
given to the party by the court is treated as a decree.

• Once the decree is drawn, the judgment ceases to have effect on the decree for any purpose.
 APPEAL, REVIEW, REVISION

• After the judgement is pronounced and the parties are not satisfied with the Judgment or Decree passed
than they can either apply for Appeal, Review or Revision.

• The aggrieved party can apply for Appeal to the Higher Court within 60 or 90 days from the
pronouncement of the Judgment/ Decree, under section 96 to 110 along with Order XLI to XLV. Or,

• The aggrieved party can apply for Review within Thirty Days from the date of pronouncement of
Judgment/Decree, under Section 114 read with Order XLVII. Or,

• The aggrieved party can apply for Revision to the higher court within thirty days of pronouncement of
Judgment under section 115 of the Code.
 EXECUTION OF DECREE [ORDER XXI]

• This is the last stage in the lifecycle of a suit where the decree-holder shall apply either oral or written
to the court which passed the decree.

• The decree-holder compels the judgment-debtor to carry out the mandate of the decree or order.

• It is the procedure by which a decree holder obtains the benefits of his or her decision.

• When the judgement creditor or decree-holder receives the money or other item assigned to him by the
judgement, decree, or order, that is when the execution is complete.
THANK YOU.