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1. Institution of the Suit (Filing of Plaint)
Under Order IV of the Code of Civil Procedure (CPC), 1908, every civil suit commences with the presentation of a Plaint. The plaint must delineate the material facts, cause of action, jurisdiction, valuation for court fees, and specific relief claimed. Essential documents supporting the claim must be annexed along with the statement of truth.
2. Issuance of Summons and Written Statement
Upon admission, the court issues summons to the defendant (Order V CPC). The defendant is required to file a Written Statement (Order VIII CPC) within 30 days of service, extendable up to 90 days under exceptional circumstances. The written statement must contain specific denials; evasive denials are deemed admissions in law.
3. Framing of Issues by the Court
Under Order XIV CPC, the presiding judge examines the pleadings and material propositions of fact and law to frame issues. Issues determine the points of dispute upon which the case will be contested and decided.
4. Evidence and Cross-Examination
Both parties lead evidence in support of their respective cases. Examination-in-chief is typically tendered via affidavit (Order XVIII Rule 4 CPC), followed by oral cross-examination by opposite counsel. Documentary evidence must comply with admissibility rules under the Evidence framework.
5. Final Arguments, Judgment, and Decree
Following arguments by advocates on points of law and evidence, the court pronounces judgment within 30 to 60 days. A formal decree reflecting the decision is drawn up, which becomes executable through execution proceedings (Order XXI CPC).