“Law Master’s” Publication

‘Stages of suits’

Prof. .S. D. Bhosale

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STAGES OF SUIT

QUESTION BANK

1. Describe the different stages of a civil suit from the time of institution till it is finally

determined.

2. How is a suit to be instituted? What are the rules regarding institution of suit?

SHORT NOTES

1. Instituting of suit.

2. Cause of action.

SYNOPSIS

I. INSTITUTION OF SUIT (S. 26 & Order IV)-

Essentials of a suit-

a) Two parties-

b) Cause of action-

c) Subject matter-

d) Relief claimed-

II. SERVICE OF SUMMONS (Ss. 27 to 29. O. V):

III. WRITTEN STATEMENT.

IV. FRAMING OF ISSUES (O. XIV).-

V. PRODUCTION OF EVIDENCE.

VI. ARGUMENTS.

VI. JUDGMENT.

VII. DECREE.

VIII. EXECUTION.

Suits pass through number of stages. Following are the important stages of

suit-

“Law Master’s” Publication

‘Stages of suits’

Prof. .S. D. Bhosale

I. INSTITUTION OF SUIT (S. 26 & Order IV)-

Every aggrieved person has a right to institute a suit of civil nature. Unless the civil

suit is instituted, no relief can be granted by the civil court. A ‘suit’ is a civil proceeding

instituted by the presentation of a plaint.

S. 26 & Order IV provide that every suit is to be instituted by presenting a plaint to the

competent Court.

Essentials of a suit-

Following are the essentials of institution of suit. Viz;

a) Two parties-

Every suit should have two parties i.e. plaintiff and defendant.

b) Cause of action-

Every suit must contain a cause of action. Cause of action is “a bundle of essential

facts, which plaintiff has to prove before he can succeed”.

c) Subject matter-

In every suit, some right or property must have been claimed, which is known as

the subject matter of the suit.

d) Relief claimed-

In every suit, some relief should have been claimed.

Orders I to VII are related to institution of suit before the Court.

II. SERVICE OF SUMMONS (Ss¹. 27 to 29. O. V):

After institution of the suit Court orders issue of summons to defendant to appear

and answer the claim on the day and date fixed by it. If he does not appear Court will

proceed ex-parte against him, granting plaintiff’s claim.

III. WRITTEN STATEMENT.

After the service of the summons on the defendant, the defendant answers the plaint

by filing a ‘written statement’. The written statement is a ‘reply of the defendant to the

plaint filed by a plaintiff.” The reply deals with each allegation made in the plaint and

clearly stating that which of the allegations are admitted or denied. A written statement is

a pleading of the defendant. Provisions as to written statements are contained in O. VIII of

the Code².

IV. FRAMING OF ISSUES (O. XIV).-

‘Issue’ means ‘a point in question, an important subject of debate or litigation. Issues

are the points to be proved by evidence, which court fixes when material points of fact or

law are affirmed by the plaintiff and denied by the defendant. For example, if there is suit

¹‘S’ is used to denote ‘section’ and ‘Ss.’ is used to denote ‘sections’.

²‘Code’ here means ‘Civil Procedure Code’.

“Law Master’s” Publication

‘Stages of suits’

Prof. .S. D. Bhosale

for maintenance filed by the wife against the husband. In this suit wife pleads in her

pleading that the marriage of her husband took place on 20/11/07, and out of that marriage,

she has one child, but the husband is not maintaining them. In his written statement husband

asserts that he is ready to maintain his wife, but wife is not cohabiting with him. In this

matter, the fact of the marriage of the wife with her husband is not denied. Even having a

child out of wedlock is also not denied by the husband; therefore, the court will frame the

issue of whether the wife on her own is not cohabiting with her husband? Whether Is she

entitled to maintenance? In this matter, Court will not frame the issue of whether both have

married because fact of the marriage is not denied by the husband.

V. PRODUCTION OF EVIDENCE / TRIAL-

After framing the issues, the next stage is the production of evidence by the parties.

It is also called a ‘trial’. Plaintiff has to bring evidence in support of his statement in the

plaint and according to the issues framed by the Court. After completion of the plaintiff’s

evidence, the defendant brings his evidence. Orders X, XII, XIII and XV to XVIV deal

with rules relating to the production of evidence.

VI. ARGUMENTS.

After the completion of evidence from both parties, the next stage is arguments.

Pleaders of both parties argue before Court the matter in their favour, according to the

evidence brought on record and existing legal provisions.

VI. JUDGMENT.

After hearing arguments from both parties, Court pronounces judgment. Order XX

rules 1 to 6 B & 20 deal with the rules as to judgment.

VII. DECREE.

‘Decree’ means the formal expression of an adjudication which conclusively

determines the rights of the parties with regard to all or any of the matters in controversy.

In other words, it is an executory part of the judgment. Order XX rules 7 to 20 deal with

the rules as to decree.

VIII. EXECUTION.

Execution is the enforcement of decrees and orders of the Court by the process of

the Court. It is the performance and implementation of carrying into effect the final

judgment of the Court or any other tribunal.

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