A Step-by-Step Guide to Filing a Civil Suit

Filing for a civil suit has been made cumbersome, much as the procedure outlined in the Code of Civil Procedure, 1908 (CPC), as the nature of each step has been defined by specific orders and sections of the CPC, which ensures just legal processes are met at every stage as justice is administered. Below is a very clear, step-by-step filing process with references to the CPC.

Step 1: Connect to a Lawyer

An attorney specializing in civil law will also be approached before filing any suit. The lawyer will be able to advise based on your case, the evidence required to be submitted for validation, and whether you will file a civil suit. Most disputes are solved through negotiation and agreement. However, if the expert lawyer thinks that a case will reach the courts, then they will proceed with the other case.

Step 2: Jurisdiction and Cause of Action

Jurisdiction is very important in a civil suit. According to Section 15 of the CPC, suits must be filed in the court of the lowest grade competent to try them. You should file your case in a court with territorial jurisdiction- where the cause of action arose- and pecuniary jurisdiction- the amount in dispute. Section 20 prescribes where the defendants reside or where the cause of action arises, which determines jurisdiction.

Step 3: Drafting and Filing of the Plaint (Order VII of CPC)

• The case proceeds formally from the drafting of the complaint. A plaint is a written statement by the plaintiff detailing the facts of the case and the relief that is sought. The Order VII of the CPC deals with the provisions regarding the drafting of the plaint. Essential elements of a plaint are:
• Name and address of both the plaintiff and the defendant.
• Cause of action: A clear statement showing the ground for the action.
• Jurisdiction of the court.
• Relief or remedies: “What relief is sought by the plaintiff, such as damages, specific performance, rescission of contract, declaratory judgment.”
• Statement of value: “This alleges the amount of money involved in the case.”
• Verification: The defendant verify that the information stated is true.

The plaint is presented to the court once it is drafted. This is where the lawsuit is formally initiated. Under Order VII, Rule 11, the plaint can be rejected if it fails to disclose a cause of action or if the court thinks it is frivolous.

Step 4: Payment of Court Fees

While preparing the plaint, the plaintiff has to pay court fees as determined under the Court Fees Act. That, again, depends upon the character of the case and also the relief claimed.

Step 5: Issuance of Summon (Order V of CPC)

Once the plaint is filed in court, it issues a summons under Order V of the CPC. The summons is a written document that is meant to notify the defendant of the pendency of the case filed against him and, accordingly, shall present himself on a particular date before the court. The summons issued must be delivered to the defendant either personally or by registered post.

In the event of disobedience to a summons, ex-parte judgment is delivered when the court proceeds in the absence of the defendant.

Step 6: Filing of Written Statement (Order VIII of CPC)

Under Order VIII, it is made obligatory for the respondent on receiving a summons to serve a written statement of defence on the plaint. A written statement would then plead to each of the claims of the plaintiff and may also plead a matter of defence. This is to be presented within 30 days from the service of summons but extendable to 90 days with leave of the court.

In the written statement, preliminary objections like lack of jurisdiction, improper cause of action, or any defect in the plaint can also be pleaded by the defendant.

Step 7: Appearance and Examination (Order IX and X of CPC)

Summons The summons calls upon both the plaintiff and the defendant to appear at the court on the day the summons specifies. Orders IX and X enable both parties and their respective pleadings also to be interrogated by the court. The court cannot dismiss the suit under Order IX, Rule 8, for nonappearance by the plaintiff but can restore the suit under Order IX, Rule 9, at the instance of the plaintiff.

If the defendant fails to appear, the court may proceed ex-parte under Order IX, Rule 6. At this stage, the court may also order an examination of both parties to narrow down the issues in dispute.

Step 8: Settlement of Issues (Order XIV of CPC)

Under Order XIV, the court identifies the core issues that are in dispute between the parties. This is known as the settlement of issues. Issues can be factual or legal. The court will then frame the issues that need to be addressed during the trial.

Step 9: Discovery and Inspection of Documents (Order XI of CPC)

Once the issues are framed, both parties are allowed to lead evidence. They could invoke Order XI for the discovery and inspection of relevant documents from the other party. Both parties are required to disclose all documents in their hands which may support or dispute the case.

Step 10: Trial (Order XVIII of CPC)

The trial proceeds under Order XVIII. It is thus divided into the following stages:

• Opening addresses: Parties open their case on the charge before the jury.
• Case for the plaintiff: The plaintiff testifies and also calls more witnesses to take to the stand.
• Case for the defendant: The defendant testifies and also calls other witnesses to testify.
• Cross-examination: Both parties are permitted to cross-examine each other’s witnesses.
• Closing arguments: Both parties are allowed to give their final arguments before the jury.

The trial is conducted in a way that will enable both parties to address the issues before the jury.

Step 11: Judgment and Decree (Order XX of CPC)

When the trial is over, the court delivers a judgment under Order XX. Judgment will contain the facts, the law applied, and reasons for the conclusion reached. After judgment, the decree will be passed, which is the formal pronouncement of the decision of the court.

A decree can be either:

• Preliminary: When further proceedings are required to settle some matters of the case fully.
• Final: When the case is fully decided.

Step 12: Execution of Decree (Order XXI of CPC)

The decree passed can be executed for recovery by the decree-holder through execution proceedings under Order XXI. In case the decree-holder does not obey the decree-holder, the court may enforce the decree:

• Attachment and sale of property
• Arrest and detention of the debtor
• Appointment of a receiver

The execution application shall be filed in the court where the decree was passed.

Step 13: Remedies – Appeal, Review, and Revision

If a party is not satisfied with the judgment, then several remedies are available.

• Appeal (Order XLI of CPC):

An appeal can be made by the aggrieved party to a superior court by Order XLI. The appellate court has the authority to re-examine both the facts and the principles of law applied at the trial court level. There needs to be an appeal within an ascribed time limit, which is generally 30 to 90 days from the date of the decree.

• Review (Order XLVII of CPC)

Under Order XLVII, if there is any mistake or any error apparent on the face of the record, or if new evidence comes to light subsequently and a party feels that the same court has already passed the judgment, that judgment can still be reviewed.

• Revision Section 115 of CPC:

This provision states that if any subordinate court has acted beyond its limit or such court or any other subordinate court within the local jurisdiction of which the subordinate court under consideration is found to have refused or failed to exercise jurisdiction or neglects to exercise jurisdiction, then a party can appeal for revision.

Conclusion

Filing a civil suit is a sophisticated and well-structured process under the Code of Civil Procedure, 1908. Every step, from the filing of the plaint under Order VII to the execution of the decree under Order XXI, is highly important in the proper administration of justice. This understanding of CPC orders and sections ensures that the appropriate legal process is followed while being fair to both parties’ rights. Whichever side you may be – plaintiff or defendant – knowledge of such procedures serves to enable one to confidently and clearly understand the workings of the law.