Civil Suit

The stages of a civil suit

• PlaintThe suit begins with a plaint stating the facts, cause of action, valuation and relief, filed with court fee and documents.Order VII CPC
• SummonsThe court issues summons to the defendant to appear and answer the claim.Order V CPC
• Written statementThe ordinary period is 30 days from service, with extension to 90 days under Order VIII Rule 1; in ordinary civil suits this limit is directory and further extension requires exceptional justification. In commercial suits the 120-day outer limit from service is mandatory, with forfeiture of the right thereafter.Order VIII Rule 1 CPC
• Documents and issuesDocuments are admitted or denied, and the court frames the issues that are to be decided.Order XI, XII and XIV CPC
• EvidenceEach side leads evidence, usually by affidavit, followed by cross-examination.Order XVIII CPC
• ArgumentsFinal arguments on each issue.
• Judgment and decreeThe court pronounces judgment and a decree is drawn up.Order XX CPC
• ExecutionIf the decree is not complied with, it is enforced through execution proceedings.Order XXI CPC
• Interim relief and appealTemporary injunctions may be sought at any stage; an appeal lies against the decree.Order XXXIX CPC · S. 96 CPC

On temporary injunctions: Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Supreme Court of India, decided 16.12.1991.