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PRACTICAL STAGES OF A CIVIL SUIT

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PRACTICAL STAGES OF A CIVIL SUIT
Practical Stages Of A Civil Suit


 Filing of Plaint (Case/Suit) before concerned court.

First hearing Admission of the case by the concerned court after going through the Plaint and the documents. Thereafter, service of summons on Defendant are issued by the Court for a date on which the Defendant is required to be present before the Court.

Second hearing Defendant is to appear before the Court in person or through his Counsel/Advocate. However, the Defendant is required to file his/her written statement (answer to the plaint/defence) within 30 days from the date of service of summons issued by the court on the first hearing. Generally, the Counsel appointed by the Defendant appears on this hearing and file his/her authority/ vakalatnama before the Court and seek time to file written statement and usually, time is granted by the Courts. (our advice is to check the date from the court on which summons issued by the court at the time of first hearing were duly served upon the Defendant because if, the written statement has not been filed by the Defendant within 30 days, the Defendant shall be required to prefer an application seeking condonation of delay for such days which are beyond 30 days stating reason for the delay. This will enable the Plaintiff to object to the said condonation application of the Defendant).

The courts have discretion to condone the delay upto 90 days from the date of service of summons, if the delay is reasonable and sufficient cause of delay is shown by the Defendant.

Third hearing The Plaintiff is required to file replication (reply to the written statement filed by the Defendant). It may be a case that the Defendant had not filed written statement, in that case, the court may close the right of the Defendant to file its written statement and the matter is proceeded further. It may also be a case that the Defendant does not turn up for hearing at any stage and the court may proceed ex-parte meaning thereof, that the matter shall proceed without hearing the Defendant.

Fourth hearing Admission/Denial of documents and framing of issues.

The parties shall admit or deny the documents filed by each other, the same may also be done by way of an affidavit or physically before the court.

After admission/denial of documents, issues are framed by the court. The issues pertain to the disputes which are to be adjudicated by the court during trial of the case. It is advisable to draft proposed issues i.e. the issues Plaintiff/ Defendant wants the court to frame.

After framing of issues, both the Plaintiff and the Defendant are required to file their respective list of witnesses to be examined before the Court within 15 days from the date of framing of issues.

Fifth hearing to Seventh hearing The Plaintiff is required to examine himself as a witness to his case and bring on record all the documents to establish his case. It depends upon the case of the Plaintiff as to how many witnesses, he/she/it wants to examine (bring in witness box to depose in his favour) to prove his case. The hearings will depend upon the number of witnesses as they all shall be liable to be cross examine by the Defendant through his counsel. (usually, it takes around 2 to 3 court hearings for leading evidence and cross-examination of the said witnesses, in case, there are two witnesses on behalf of the Plaintiff.

Eight hearing to Tenth hearing The Defendant is required to lead his evidence through witnesses. The Plaintiff may cross examine the Defendant and his witnesses.

The hearings will depend upon the number of witnesses as they all shall be liable to be cross examine by the Plaintiff through counsel. (usually, it takes around 2 to 3 court hearings for leading evidence and cross-examination of the said witnesses, in case, there are two witnesses on behalf of the Defendant.

Eleventh hearing Final arguments.

Twelfth hearing Order/judgment.

 Apart from the aforesaid hearings, there are miscellaneous/interim applications filed by the Plaintiff/Defendant which also prolongs the hearings of the case as the Opposite Party to the application take time to file reply to the said application and thereafter, the said application is argue and order is passed by the court on the said application. This takes around two hearings of the court.

 Practically, the court hearings are adjourned on various grounds like court on leave, adjournment by the Plaintiff/Defendant, non-appearance of summoned witnesses on behalf of the Plaintiff/Defendant (summoned witnesses are the one to whom the court issue summons for their examination in the Court on the application of Plaintiff/Defendant) and the said adjournments are beyond control of the Plaintiff/Defendant.

 Usually, next dates for proceedings in the cases are given by the courts on the basis of their respective workload/pendency of cases and urgency in the matter.

     The above details are based on personal experience of the Advocates and the aforesaid information may vary on case to case basis.


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