Stages of Civil Suit: A Law Pupil should know this from the very beginning

Kamruzzaman Polash : Imagine that one of your relatives knows that you are a law student at a reputable university. Then, S/he can approach you and inquire as to whether the two of you are involved in a land dispute. Then, as a law student, you might be aware of the civil suit, the proceedings, and how it should be started, thus S/he might ask you for your opinion. But if you were unaware of the legislation or the process for launching a civil suit at the time, you would never have anticipated this client. Those who don’t want to deal with this circumstance will find some solace in this essay. This essay will enable you to know about the stages of a civil suit.

Introduction

All civil suits are regulated by the Code of Civil Procedure,1908, a vital procedural statute. It is mentioned as vital because if anyone wants to file a civil suit then S/he must follow the rules and proceedings laid down in that statute. Now how do we know which one is civil? Section 9 of the Code of Civil Procedure,1908, gives the court power to entertain civil law suits and laid down that, jurisdiction to consider any civil lawsuit, save those whose consideration is expressly or implausibly denied (S.9 of Code of Civil Procedure,1908).

Now which one should be entertained?

1. A suit in which the right to property is involved

2. A right to the office is contested.

Stages of a Civil suit

Step 1: Institution of a suit by submitting a Plaint

Every lawsuit must be instituted by submitting a plaint along with numerous true copies as there must send summon to the defendants. In addition, there shall be court fees for the service of summons to the concerned defendants (Or. IV r.1 of Code of Civil Procedure,1908). The details should be followed for filing a plaint as, the name of the Court, the plaintiff’s and defendant’s name, personal description, and place of residence, cause of the action, testimony demonstrating the Court’s jurisdiction, any agreement relating to set-off, etc(Or.VII r.1 of Code of Civil Procedure,1908.

Step 2: Issue and Service of Summons to the defendant’s

After filing the complaint, the court shall issue a summons. Issuing a summons to the defendant gives them a chance to defend themselves against the claim brought by the plaintiff(S.27 of Code of Civil Procedure,1908). After filing a suit, the court shall issue a summon to the defendants within five working days from the institution of the suit(Or.V r.1 of Code of Civil Procedure,1908). This summons should be accompanied by a copy of the plaint(Or.V r.2 of Code of Civil Procedure,1908). Summons shall be served within thirty days of issuing it(Or.V r.9(5)of Code of Civil Procedure,1908).

Step 3: Written Statement

The defendant shall submit a written statement on his defense within (30)thirty days from delivering of such summon on him(Or.VIII r.1of Code of Civil Procedure,1908). If fails to do so, then may have additional 60 (sixty) days for submitting of written statement(Or.VIII r.1of Code of Civil Procedure,1908).

Step 4: Alternative dispute Resolution (ADR)

After having written statement, the court shall either in person or through their respective pleader by adjourning the proceeding refer the dispute to the legal aid officer under Legal Aid Act,2000. The parties to the suit shall inform the court within 10(ten) days in a written manner relating to the appointment of their mediator. If they fail to do so, then the court shall within 7(seven) days appoint a mediator. The mediation process should be concluded within 60(sixty) days. In addition, either with the joint prayer of the parties or the court using its discretionary power extend the time not exceeding 30 (thirty) days. A person who holds the office of the republic shall not be qualified for appointment as a mediator(S.89A of Code of Civil Procedure,1908). Even party can apply for mediation at the any stage of proceeding under the Salis Ain 2001(S.89B of Code of Civil Procedure,1908). However the appeal judge shall take initiative to settle the dispute(S.89C of Code of Civil Procedure,1908).

Step 5: Framing Issues

Issues have arisen by affirming the law of one and denying another person(Or.XIIII r.1 of Code of Civil Procedure,1908). By the way, there are two types of issues e.g. Issue of fact and another one is Issue of Law(Or.XIIII r.4 of Code of Civil Procedure,1908).

When a suit involves conflicts of both law and fact, nevertheless the court believes that the suit or part of this suit may be determined on the basis of the issue of law(Or.XIIII r.2 of Code of Civil Procedure,1908).

Step 6: Step under section 30 of Code of Civil Procedure, 1908

The court may at any time of the proceeding on its initiatives or upon the request of any contesting parties

a) issue orders that the learned court deems fit or reasonable relating to the delivery or answering of interrogations, the admission, facts, and the discovery, inspection, and return of documents or other important objects producible as evidence.

2) Issue summon against a person whose attendance is necessary to the proceeding(S.30 of Code of Civil Procedure,1908).

Step 7: Summons to Witness

The court or the officer it appointed in this regard may issue summonses to individuals whose presence is mandatory for either giving evidence or producing documents at the time of institution of a suit or after the suit is commenced(Or. XVI r.1 of Code of Civil Procedure,1908).

Before the summons is issued and within a particular period, the party requesting the summons must pay into court an amount the learned court seems fit to cover the summoned party’s traveling and another relatable cost of one day of presence(Or. XVI r.2(1) of Code of Civil Procedure,1908).

The court may occasionally direct the party at the request of whom a witness was summoned to pay into court an amount sufficient to cover the expenses of his custody for a longer period of time if it becomes necessary to keep the person summoned for more than one day(Or. XVI r.4(2) of Code of Civil Procedure,1908).

Step 8: Settling Date

Once the issue of the suit has been framed, the learned court shall within 120(one hundred and twenty) days fix a date for the final hearing of the suit(Or. XIV r.8 of Code of Civil Procedure,1908).

Step 9: Peremptory Hearing and Arguments

Unless the defendant admits the facts claimed by the plaintiff and asserts that the plaintiff is not entitled to any portion of the relief he requested for either in point of law or on some additional facts alleged by the defendant, in which case the defendant has the right to begin the case and the plaintiff has the right to do so(Or.XVIII r.1 of Code of Civil Procedure,1908). Peremptory hearing denotes the final or absolute hearing.

The party with the right to begin shall state their status and produce their evidence in support of the issues that are required to establish on the day settled for the hearing of the suit or on any other day on which the hearing is adjourned. The other party then will lay out his position or status, provide any relevant evidence and have the option of addressing the court as a whole. The party who responded first may then respond generally relating the entire matter(Or. XVIII r.2 of Code of Civil Procedure,1908).

Step 10: Judgement

After the case has been heard, the court shall deliver a judgment in open court, either immediately or at a later date (it is not later than 7(Seven) days. Provided adequate notice shall be given to the parties or their respective pleaders(Or. XX r.1 of Code of Civil Procedure,1908).

A decision may be upheld by a judge which was given or written by his predecessor. But he is not allowed to pronounce it(Or. XX r.2 of Code of Civil Procedure,1908).

Step 11: Appeal/Review/Revision

Appeal: Section (96-112) of Code of Civil Procedure deals with the term Appeal. Appeals denote that id any person is aggrieved relating to the decision given by a court exercising its original jurisdiction, the person may file an appeal to the superior court of the court which pronounced the judgment.

The person who did not contest the suit in the trial court, may also appear in the appeal and contest(Justice Haque. H(2019), Trial of Civil suits and Criminal cases, Universal Book House). The appellate court shall have the same jurisdiction and shall perform the same duties as an original jurisdiction court possess(S.107(2) of Code of Civil Procedure,1907).

Review: Review is a judicial re-examination of a case by judge in certain circumstances. Review and appeal are totally different. Section 114 of The Code of Civil Procedure,1908 empowers a court to review its own judgement on the ground stated in Or.47 r.1 (Islam.m and Neogi.p (2021),The law of Civil Procedure (volume-1), Mullick Brothers).

Revision: Revision could be file against non-appeable orders and against decree from which no appeal lay in the case of decree under section 9 of the Specific Relief Act (Islam.m and Neogi.p (2021),The law of Civil Procedure (volume-1), Mullick Brothers). The term revision empowers the High court division along with the Court of district judge call for records of any suit or proceeding where no appeal lies in which an order has been passed by their subordinate court whether, such court appears to have committed any error of law(S.115 of Code of Civil Procedure,1907).

Step 12: Execution of a Decree

Money payable pursuant to a decree must be paid in one of the modes provided by the rule and within such time, according to rule or to the instruction given in the decree(Islam.m and Neogi.p (2021),The law of Civil Procedure (volume-1), Mullick Brothers; Or. XI r.1 of Code of Civil Procedure,1908). Order 21 of The code of Civil Procedure 1908 covers a number of areas including the execution of a decree, Execution is the Process that enables a court to carry out its own orders and decrees so that the decree-holder can get the benefit of such ruling in favor of him (Islam.m and Neogi.p(2021),The law of Civil Procedure (volume-1), Mullick Brothers; Sreenath Roy Vs. Radhanath Mookerjee, (1882) ILR9 Cal 773).

Conclusion

These are the steps, or you could say the requirements under the law, to bring a lawsuit before the appropriate court. Before taking the bar exam, I believe that every law student should be aware of these phases. All law students, as well as people with an interest in the legal field who wish to learn, about civil litigation and how civil courts work, will likely find this article to be useful.

Writer : Apprentice Lawyer; District and Session Judge Court, Dhaka.