IMPORTANT STAGES IN TRIAL OF A CIVIL SUIT!
It is for the guidance of young legal eagles who want to excel in discharge of their professional duties while being seisin with trial of any civil suit to note down and follow the procedure stage by stage as under;
1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order iv & Order Vi and Vii of the code.
2. Plaintiff has to issue summons within 30 days from the institution of suit.
3. After the service of summons defendant has to file his written
statement within 30 days from the receipt of summons as per Order Viii R 1 of the code
4. No opportunities more than two as per proviso to Order Viii R 1 of the code will be granted.
5. Within 10 days from the filing of written statement court has to
examine the parties so as to explore the possibilities of
compromise in between the parties and to refer the matter of settlement under section 89 & 89 AA of the code.
6. If parties fail to effect compromise the matter, then court has to keep the matter for discovery and inspection within the time span of 7– 10 – 10 – 3 days, as per Order Xi of the code.
7. Then to adjourn the matter for admission within the time span of
15 days as per Order Xii of the code.
8. Then parties have to file the original documents prior to framing of issues within the time span of 7 days, as per Order Xiii of the
code.
9. Court has to frame the issues within 15 days as per Order Xiv of the code if the parties are at issues.
10. Parties have to file the list of witnesses within 7 days from the date of framing of issues as per Order Xvi of the code.
11. Plaintiff has to issue summons to the witnesses either for
adducing evidence or for production of documents within 14 days of filing of list as per Order Xvi R 1 of the code.
12. Parties have to settle the date of evidence as per Order Xvi of the code.
13. Plaintiff has to file the affidavits of all his witnesses within 3
adjournments as per Order Xviii of the code.
14. Court has to exhibit the documents considering their proof and
admissibility with a reasoned order as per proviso to Order Xviii R 4
(1) of the code.
15. Examination and Cross examination of the plaintiff and his
witnesses on day to day until all the witnesses are examined.
16. Defendant has to issue summons to the witnesses either for
adducing evidence or for production of documents as per Order Xvi R 1 (4) of the code.
17. Defendant has to file the affidavits of all of his witnesses.
18. Court has to exhibit the documents considering their proof and
admissibility with a reasoned order as per proviso to Order Xviii R 4
(1) of the code.
19. Examination and Cross examination of the defendant and his
witnesses on day to day until all the witnesses in attendance have been examined.
20. Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per Order Xiii R 2 of
the code.
21. Court has to deliver judgment forthwith or on or before 30 days
from the date of conclusion of the arguments as per Order XX R 1 of the code.
22- judgement shall be pronounced in open court issue wise under Order XX R 5 of the code.
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