TRIAL PROCEEDINGS IN CIVIL CASES

Jayalakshmi K. has completed her B.Sc. Computer science and graduated with an LLB from Tamil Nadu Dr. Ambedkar Law University in Chennai, Read More

Introduction

This composition provides an in-depth explanation and analysis of the subject “Trial proceedings in civil cases”.  The composition had given a deep knowledge and significance of trial proceedings and how the civil trials had given a space towards it and assure the Justice. This composition includes references to several real-life cases.

 In civil cases, the trial process is designed to resolve disputes between individuals, organizations, or the government, primarily involving private rights. Civil trials typically deal with issues such as breach of contract, property disputes, family matters, or personal injury claims.

Stages of trial

There are 18 stages in civil trial proceedings. The stages of Civil Suit As Per Civil Procedure Code, 1908[1] were

1. Presentation of plaint.
2. Service of summons on defendant.
3. Appearance of parties
4. Ex-parte Decree
5. Interlocutory Proceedings
6. Filing of written statement by defendant
7. Production of documents by parties (plaintiff and defendant)
8. Examination of parties
9. Discovery and Inspection
10. Admission
11. Framing of issues by the court.
12. Summoning And Attendance Of Witnesses
13. Hearing Of Suits
14. Argument
15. Judgment
16. Preparation of Decree
17. Appeal, Review, Revision
18. Execution of Decree Types

Overview of Stages

The overview of stages detailed[2] according to Civil Procedure Code 1908,

1. Presentation of plaint.

          The plaintiff files a written complaint (plaint) in the appropriate civil court, outlining the facts of the case, the legal grounds, and the relief sought.

2. Service of summons on defendant.

           Once the court accepts the plaint, it issues a summons to the defendant, notifying them of the suit and requesting their presence in court. The defendant is given a deadline to respond.

3. Appearance of Parties

The defendant is required to appear in court on the date specified in the summons. Failure to appear may result in an ex-parte decree (where the case is decided in favor of the plaintiff in the defendant’s absence). Both parties are expected to be present to proceed with the case.

4. Ex-parte Decree

If the defendant does not appear in court after being duly served with the summons, the court may pass an ex-parte decree in favor of the plaintiff. This decree is based solely on the plaintiff’s evidence and allegations since the defendant did not appear to contest the case.

5. Interlocutory Proceedings

These are interim proceedings or orders that occur during the trial before the final judgment. Interlocutory orders may include temporary injunctions, appointment of a receiver, or granting temporary reliefs to either party. These orders ensure that the rights of the parties are protected while the suit is pending.

6. Filing of Written Statement by Defendant

The defendant files a written statement in response to the plaint, addressing each allegation made by the plaintiff. The written statement may admit, deny, or assert a lack of knowledge about specific claims. The defendant may also raise legal defenses and counter claims within this document.

7. Production of Documents by Parties

Both parties are required to produce all relevant documents that support their case. The plaintiff and defendant must submit lists of documents they intend to rely on during the trial. These documents help substantiate the claims and defenses put forth by the parties.

8. Examination of Parties

After the submission of documents, the court may examine both parties to clarify any ambiguities in the pleadings. This is an oral questioning of the parties to gather further details and ascertain the facts of the case. It helps the court understand the nature of the dispute.

9. Discovery and Inspection

At this stage, both parties can request the production and inspection of documents held by the other side. This is crucial for gathering evidence that may not have been voluntarily disclosed. The discovery process ensures transparency, allowing both sides to inspect the relevant material and prepare for trial effectively.

10. Admission

Either party may admit or deny the facts and documents presented by the other party. If certain facts or documents are admitted, they no longer need to be proven at trial, simplifying the proceedings by focusing on contested matters.

11. Framing of Issues by the Court

Based on the pleadings and the admission/ denial of documents, the court frames the issues that need to be decided in the case. These are the key points of dispute between the parties, such as questions of law or fact, which will form the basis of the trial.

12. Summoning and Attendance of Witnesses

The court issues summons to witnesses whose testimonies are crucial for resolving the issues framed. Both the plaintiff and defendant are allowed to present witnesses to support their case. The witnesses are legally obligated to attend court and provide testimony.

13. Hearing of Suits and Examination of Witnesses

The trial formally begins with the hearing of the suit. The plaintiff presents their case first by examining their witnesses (direct examination). The defendant cross-examines the plaintiff’s witnesses to challenge their credibility or version of facts. Once the plaintiff’s witnesses are examined, the defendant presents their witnesses in the same manner.

14. Argument

After the completion of the evidence stage, both parties present their final arguments. This is an opportunity for each side to summarize their case, analyze the evidence, and persuade the court. The plaintiff argues first, followed by the defendant. The plaintiff may offer a rebuttal argument after the defendant.

15. Judgment

After hearing the arguments and reviewing the evidence, the judge delivers the judgment. The judgment is the court’s decision on the issues framed, either in favor of the plaintiff or the defendant. The judgment explains the legal reasoning behind the decision and the relief granted.

16. Preparation of Decree

Following the judgment, the court prepares a decree, which is the formal expression of the court’s order. The decree outlines the outcome of the suit and the specific reliefs granted (such as compensation, property distribution, or specific performance). The decree is binding on both parties.

17. Appeal, Review, Revision

If any party is dissatisfied with the judgment, they can file an appeal to a higher court. Appeals must be based on legal grounds, such as errors of law or procedural defects. In addition to appeals, a party may seek a review (reconsideration by the same court) or revision (correcting errors by a higher court) under specific circumstances.

18. Execution of Decree

If the losing party fails to comply with the decree, the winning party can initiate execution proceedings. Execution involves enforcing the court’s orders, which may include the attachment of property, garnishment of wages, or other legal measures to ensure compliance with the judgment.

Each of these stages is crucial for ensuring the civil suit proceeds fairly and that both parties have the opportunity to present their case before the court arrives at a just conclusion.

Provisions

The 18 stages of a civil suit with corresponding provisions from the Code of Civil Procedure, 1908 (CPC) [3]

1. Presentation of Plaint – Order VII, Rule 1 to Rule 11 of CPC
2. Service of Summons on Defendant – Order V, Rule 1 to Rule 30 of CPC
3. Appearance of Parties – Order IX, Rule 1 to Rule 6 of CPC
4. Ex-parte Decree – Order IX, Rule 6 of CPC
5. Interlocutory Proceedings – Sections 94, 95, and Order XXXIX (Injunctions), Order XL (Appointment of Receiver) of CPC
6. Filing of Written Statement by Defendant – Order VIII, Rule 1 to Rule 10 of CPC
7. Production of Documents by Parties – Order XI, Rule 12 to Rule 21 of CPC
8.  Examination of Parties – Order X, Rule 1 to Rule 4 of CPC
9.  Discovery and Inspection – Order XI, Rule 1 to Rule 21 of CPC
10.  Admission – Order XII, Rule 1 to Rule 8 of CPC
11.  Framing of Issues by the Court – Order XIV, Rule 1 to Rule 5 of CPC
12.  Summoning and Attendance of Witnesses – Order XVI, Rule 1 to Rule 21 of CPC
13.  Hearing of Suits and Examination of Witnesses – Order XVIII, Rule 1 to Rule 19 of CPC
14.  Argument – Order XVIII, Rule 2 of CPC
15.  Judgment – Order XX, Rule 1 to Rule 6A of CPC
16.  Preparation of Decree – Order XX, Rule 6 to Rule 19 of CPC
17.  Appeal, Review, Revision – Sections 96 to 115 of CPC
18. Execution of Decree – Order XXI, Rule 1 to Rule 106 of CPC

 Case Laws

Here are some important case laws related to trial proceedings in civil cases[4] that have had a significant impact on how civil trials are conducted, particularly with respect to procedural fairness, admissibility of evidence, and the roles of the parties involved:

1. A. K. Kraipak v. Union of India (1969) 2 SCC 262

   The court held that an administrative decision affecting rights must follow principles of natural justice (such as the right to be heard), even if the body making the decision is not a formal court.

2. Salem Advocate Bar Association v. Union of India (2005) 6 SCC 344

    The Supreme Court upheld the validity of the amendments, including stricter timelines for completing procedures such as discovery and framing of issues. The judgment emphasized judicial responsibility in ensuring trials are completed without unnecessary delays.

3. K. K. Velusamy v. N. Palaanisamy (2011) 11 SCC 275

   The court ruled that the discretion to reopen evidence should not be used arbitrarily, but in situations where it is necessary to prevent a miscarriage of justice. This principle ensures fairness in trial proceedings.

4. Sangram Singh v. Election Tribunal (1955)

 The court held that procedural rules are meant to serve justice and should not be used to deprive any party of their right to be heard. It was ruled that even if there are procedural lapses, the court should not dismiss cases without considering substantive justice.

5. Daryao v. State of U.P. (1962)

 The Supreme Court emphasized that a party cannot bring a second suit on the same cause of action once the case has been adjudicated. This principle is vital for ensuring the efficient use of judicial resources and maintaining the credibility of the legal system.

6. R. K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106

 The case involved an advocate being found guilty of attempting to influence a witness in a criminal trial, which directly relates to maintaining fairness in civil proceedings as well. The court reaffirmed the need for impartial conduct by legal professionals during trial proceedings.

7. Union of India v. Ibrahim Uddin (2012) 8 SCC 148

The Supreme Court explained that parties should be diligent in presenting all relevant evidence during the trial. Allowing new evidence at the appellate stage can disrupt the trial process, and courts should exercise caution when deciding on such applications.

8. Kishore Samrite v. State of Uttar Pradesh (2013) 2 SCC 398

The court penalized the petitioner for filing a frivolous case, emphasizing that civil litigation should not be used as a tool for harassment or delaying tactics. This case reinforces the need for honest conduct in civil trials.

9. Narayan Bhagwant rao Gosavi Balajiwale v. Gopal Vinayak Gosavi (1960)

 In this case, the court reaffirmed that the standard of proof in civil cases is lower than in criminal cases. A civil plaintiff must show that their version of facts is more likely than not to be true.

10. State of Punjab v. Gurdev Singh (1991) 4 SCC 1

The court ruled that delayed actions without valid justification would not be entertained, thus upholding the principle of finality and ensuring that litigation is initiated within a reasonable time frame.

Conclusion

 Civil trial proceedings are structured to ensure fairness and justice between the parties. While the process can be lengthy and complex, the system provides multiple opportunities for resolution, both before and after the trial itself. These 18 steps highlight the process by which civil trials proceed, ensuring that both parties have an opportunity to present their case fairly and thoroughly. Each step plays a critical role in the judicial process.

[1]  CPC bare act

[2] CPC – Takwani

[3] India code

[4]  Kanoon.com