Stages of Civil suit trial & procedure

Trial of  civil suit  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 4 r/w Order 6 and 7 of the code.

 

  1. Plaintiff has to issue summons within 30 days from the institution of suit.

 

  1. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code

 

  1. No further time exceeding 90 days after date of service of summons be extended for filing written

statement as per proviso to Order 8 R 1 of the code.

 

  1. 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 of the code.

 

  1. If parties fail to 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 11 of the code.

 

  1. Then to adjourn thematter for admissionwithin the time span of15 days as per Order 12 of the code.

 

  1. Then parties have tofile the originaldocuments prior to framing of issues within the time span of 7 days, as per Order 13 of the code.

 

  1. Court has to frame the issues within 15 days as per Order 14 of the code.

 

  1. Parties have to file the list of witnesses within 15 days from the date of framing of issues as per

Order 16 of the code.

 

  1. Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.

 

  1. Parties have to settle the date of evidence as per Order 16 of the code.

 

  1. Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

 

  1. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

 

  1. Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

 

  1. Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per Order 16 R 1 (4) of the code.

 

  1. Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 7 of the code.

 

  1. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

 

  1. Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

 

  1. Parties have to conclude their arguments within 15 days from the completion of their

respective evidence as per Order 18 R 2 (3A) of the code.

 

  1. Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1 of the code

 

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