Civil suit (CPC)

Step by step

1. 1

   Plaintiff · if it applies

   Pre-suit notice or mediation

   A suit against the government needs two months' notice first. A commercial suit that seeks no urgent interim relief needs pre-institution mediation.

   • CPC s.80
   • Commercial Courts Act s.12A
2. 2

   Plaintiff

   Plaint filed

   The plaint is filed with court fee, the documents relied on and a list of them. The registry checks it and the suit is registered.

   • CPC Order VII
   • CPC Order VII Rule 14

   • Vakalatnama
   • List of documents

   • Defective: Plaint rejected (case ends)
3. 3

   Court

   Summons to the defendant

   The court issues summons; the plaintiff pays the process fee and files copies for service.

   • CPC Order V

   • Process fee form

   • Defendant absent: Proceeds ex parte
   • Then: Written statement
4. 4

   Plaintiff · if it applies

   Interim injunction

   The plaintiff can ask for a temporary injunction while the suit is pending. It can be heard alongside the steps that follow.

   • CPC Order XXXIX Rules 1 and 2

   • Then: Written statement
5. 5

   Court · if it applies

   Proceeds ex parte

   If the served defendant does not appear, the suit can be heard without them. An ex parte decree can later be set aside for sufficient cause.

   • CPC Order IX Rule 6
   • CPC Order IX Rule 13

   • Then: Plaintiff's evidence
6. 6

   Defendant

   Written statement

   The defendant answers the plaint, and may raise a set-off or counter-claim.

   30 days from service, extendable to 90. In a commercial suit, 120 days at the outside.

   • CPC Order VIII Rule 1
   • CPC Order VIII Rule 6A

   • Then: Admission and denial of documents
   • Settled: Settled or withdrawn (case ends)
7. 7

   Plaintiff · if it applies

   Replication

   The plaintiff may reply to new facts in the written statement, with the court's leave.

   • CPC Order VIII Rule 9
8. 8

   Court

   Admission and denial of documents

   Each side admits or denies the other's documents, which narrows what has to be proved.

   • CPC Order XII
   • CPC Order XI (commercial suits)
9. 9

   Court

   Framing of issues

   The court frames the questions of fact and law the suit turns on.

   • CPC Order XIV
10. 10

    Plaintiff

    Plaintiff's evidence

    Examination-in-chief is filed on affidavit; the plaintiff's witnesses are then cross-examined.

    • CPC Order XVIII
    • CPC Order XVIII Rule 4
11. 11

    Defendant

    Defendant's evidence

    The defendant's witnesses give evidence the same way and are cross-examined.

    • CPC Order XVIII
12. 12

    Court

    Final arguments

    Both sides argue each issue on the evidence. Written submissions may be filed.

    • CPC Order XVIII Rule 2
13. 13

    Court

    Judgment and decree

    The court decides each issue and draws up the decree.

    • CPC Order XX

    • Not appealed: Execution
14. 14

    Defendant · if it applies

    First appeal

    Either side can appeal the decree on facts and law.

    30 days to the District Court, 90 days to the High Court.

    • CPC s.96
    • Limitation Act Art. 116
15. 15

    Plaintiff

    Execution

    The decree-holder files an execution petition to enforce the decree.

    Within 12 years of the decree becoming enforceable.

    • CPC Order XXI
    • Limitation Act Art. 136

    • Then: Decree satisfied (case ends)