What are the four stages of civil litigation?

Answer 1

STAGES OF A SUIT:

1) Pleadings: When a person wants to claim any reliefs through court, he files a

suit by lodging a Plaint in court, which contains brief facts of the case and

the reliefs claimed. The person filing a suit is called the Plaintiff. The

person from whom reliefs are claimed is called the Defendant. A copy of the

plaint is served upon the Defendant, who thereafter files a written statement

containing facts that constitute his defense to the Plaintiff's claim. The

Plaint and the written statement are called pleadings.

2) Issues: After pleadings are filed, the court frames issues, which are disputed

points that the judge has to decide. Issues can be of facts and of law.

3) Hearing of suit: After issues are framed, the suit is fixed for hearing. The

Plaintiff normally leads his evidence first, followed by evidence of other

witnesses of the Plaintiff. Thereafter Defendant leads his evidence followed

by evidence of other witnesses of the Defendant.

4) Evidence of each witness is led by filing an affidavit of examination-in-chief

with which all documents have to be filed. The court accepts those

documents that are proved as per law and marks them as exhibits.

Documents that are not proved as per law are marked as articles for

identification. The documents that are not marked as Exhibits can be proved

by leading further evidence of other witnesses. All available oral and

documentary evidence has to be filed in the trial court itself. No further

evidence either oral or documentary is allowed to be filed in appeal, unless

such evidence pertains to a subsequent event or if a special case is made out.

Every witness who files his affidavit of examination-in-chief is crossexamined by the other side.

5) Arguments: After oral and documentary evidence of both sides is completed,

arguments are usually advanced by the advocate for the Defendant followed

by arguments of the Plaintiff's advocate and finally the advocate for

Defendant argues on law points in rejoinder.

6) Judgment: After arguments are concluded, the suit is fixed for judgment,

when the judge finally pronounces the judgment. The suit is decreed if the

judge comes to the conclusion that the Plaintiff has established his claim

against the Defendant. If the judge comes to the conclusion that the Plaintiff

has failed to prove his case, or if the Defendant proves his defense to be true,

the suit is dismissed. The judgment is sometimes dictated in open court on

the date fixed or may be dictated in the chamber of the judge. However on

the date fixed for judgment, the final order/ decree is pronounced orally in

open court. The party who wants a copy of the judgment must apply for a

certified copy of judgment and decree in writing in a prescribed form on

payment of prescribed fees. Charges for certified copy depends upon the

number of pages of the judgment and higher fees are payable if copy is

urgently required. Any party who wants to file an appeal must immediately

apply for a certified copy. No appeal can be filed without a certified copy of

the judgment.

7) Execution of decree: If the suit is decreed, the Plaintiff has to take steps for

executing the decree.

8) Appeal: Any party aggrieved by the judgment of the trial court can file an

appeal within 30 days of the date of judgment. However the time taken by

the court for preparing the certified copy i.e. the period from the date of

filing of application for certified copy till the date on which the certified

copy is ready is not considered while calculating the period of 30 days. In

other words, the time taken by court for preparing certified copy of judgment

after the date of filing of application for certified copy is the additional time 3

available, over and above the period of 30 days permitted for filing appeal.

If no appeal is filed within the time prescribed, the order of the trial court

becomes final and appeal becomes time-barred. However in special

circumstances when the Appellant makes out sufficient cause for

condonation of delay, the court can in its discretion condone the delay in

filing the appeal after the period of limitation expires. In case the suit is

decreed, an order for stay of execution of decree is to be obtained, failing

which the Plaintiff may execute the decree.

9) Further challenge by aggrieved party: Any person aggrieved by the judgment

of the Appellate Bench of hon'ble Small Causes Court, can challenge the

order before the hon'ble High Court by filing a Writ Petition or a Civil

Revision Application. The order of the hon'ble High Court can be further

challenged by filing a Special Leave Petition before the hon'ble Supreme

Court.

10) Settlement: In many cases, parties arrive at an amicable settlement.

Settlement is arrived at under several circumstances. However good the case

may seem to be, there is always an element of risk of loosing the litigation.

Settlement cuts the risk of loosing the case. Another reason to settle the

dispute is to avoid lengthy procedures involved in any litigation. Many

clients feel that it is better to get some benefit today rather than taking a

chance of winning the litigation after several years of litigation. Settlement

also saves time, money and energy that is inevitable in judicial proceedings.

Answer 2

civil litigation consist following stages Filing the plaint Reply from oposite party Issues of dispute Evidence production Arguments writen or oral, from the facts and law decesion