There’s something incredibly satisfying about winning a legal battle – even if it’s only a small one. And that’s why so many people choose to file summary suits in India. These suits, which are simply civil litigation proceedings, are comparatively quick and easy to file. In fact, most of the time, all you need is the relevant court documents and the plaintiff’s affidavit to start the case. This blog explains everything you need to know about summary suits in India and how to file one successfully. Keep reading to learn more about the stages of a summary suit, the difference between a summary suit and an ordinary suit, the procedure for instituting a summary suit, the possible benefits of filing a summary suit, and more!
Stages of the Civil Suit as per the Civil Procedure Code, 1908
A lawsuit is a big choice that shouldn’t be made on the spur of the moment. It’s important to be aware of the stages of the civil suit as per the Civil Procedure Code, 1908 so that you can prepare appropriately. The most important step before filing is consulting an attorney who will provide advice on appropriate legal remedies available to you. Knowing the procedure and rules of each stage will help you navigate the court system with ease, and avoid any surprises. Make sure you know everything about each step of the process so that the hearing goes smoothly. Finally, don’t forget to consult a lawyer if you have any questions or doubts about your case.
1)Presentation of the plaint:
A plaint under India’s Civil Procedure Code is a formal lawsuit. Plaints ask for compensation for wrongs, and either the plaintiff or the defendant can file one (the person who has allegedly committed an act that violates the law). A common type of complaint seeks damages for someone’s wrongdoing. The complaint must be clear, concise, and legible. Pleadings should also include both parties’ names, addresses, and any supporting documents. The plaintiff must file a plaint with the court detailing the case and parties. Order 7 CPC 1908 states that once a complaint is filed, a summons is sent to the defendant.
2)Service of summons on the defendant:
Summons service begins any legal proceeding. A defendant is served with documents related to a civil case. Typically, complaints or summonses are served. The summons orders the defendant to court. The complaint states the plaintiff’s claim. Order 5 of India’s Code of Civil Procedure governs summons to service. -by hand -by mail -by affixing a copy of the summons to a conspicuous part of the defendant’s house or land -by publication in a newspaper, if the defendant’s whereabouts are unknown. The court first issues a summons. The summons is then given to the person being sued. Once served, the defendant must appear in court in person or through his attorney.
3)Appearance of parties:
In India, both the plaintiff and the defendant have to appear before the court during the summons stage as per the Civil Procedure Code. Parties go to court to make sure that the proceedings are fair and just. Both sides must have a chance to be heard by the court and make their case. The court has to also ensure that the parties understand the proceedings and are able to participate in them effectively. The appearance of parties before the court is an important part of the civil procedure in India. Parties have a basic right to be heard and to take part in the proceedings.
4)Ex-party Decree:
When parties are absent, the court issues an Ex-Parte Decree. A plaintiff can request an ex-parte decree if the defendant doesn’t appear or refuses to participate. Defendants can miss court for many reasons. Costs can be included or left out of Ex-Parte Decrees depending on whether the defendant: refused to be sworn in or make a statement; ran away; hid so the process cannot be served on them, or evaded the process. In a decree with costs, the person who lost pays the costs. The defendant won’t pay court costs in a decree without costs. Ex-Parte Decrees are problematic. Ex-Parte Decrees aren’t permanent. An appeal is possible. Defendant’s appeal overturns Ex-Parte Decree and rehearses the case. Trial-based decrees are stronger than ex-parte decrees. The defendant hasn’t been heard. Ex-Parte Decrees are sometimes reviewed.
5)Filing of written statement by the defendant:
A written statement is a formal document in which a defendant responds to a plaintiff’s complaint. In a written statement, the defendant may deny or admit some or all allegations. The written statement may include counterclaims from the defendant. Written statements are important in civil litigation, but they are not the only documents parties exchange. Other important documents include pleadings, which set forth the claims and defenses in a case, discovery, in which parties exchange case information, and motions, in which parties ask the court to take a particular action.
6)Production of documents by parties (plaintiff and defendant):
Civil procedure depends on documents. They prove or disprove the parties’ claims. Civil Procedure Code governs parties’ document production. The code outlines document production. The parties must produce all relevant documents. The civil procedure code ensures documents meet evidentiary requirements. The code also protects both parties from the adverse effects of the other’s evidence. According to the rules, both sides in a civil suit can look at the evidence presented by the other side and say what they think about it. The code also makes sure that no one party has to produce more paperwork than is necessary. To do this, the code tells people when, where, and how to create documents.
7)Examination of parties:
When filing a lawsuit, gather all relevant facts and figures. This includes analyzing the stakes of each party to determine where to proceed. After assessing jurisdiction and evidence, the plaintiff moves to stage 1. In this stage, he files an affidavit detailing his demand or claim verbatim. Any party who objects within 30 days after service of such documents will have their objection heard by the court; If no objections are made, the court could stop the process until the objections are heard or the document is looked at and found to be acceptable. If a hearing is necessary (which typically occurs only with complex pleadings), the court will determine a date and time based on the specifics of each case and the applicable law.
8)Framing of issues by the Court:-
Framing issues identify and clarify disputed areas between lawsuit parties. It’s the first step in resolving a civil dispute and ensures all parties understand the issues. The process of framing issues begins with the filing of a lawsuit, which must include the case’s facts and issues in dispute. The plaintiff must serve the defendant with the lawsuit and a summons, requiring a court response. After the defendant files a response, the court will issue a notice of issue conference. At this meeting, the parties will discuss the issues in dispute and identify areas of agreement. The court will then set trial issues. Framing issues help parties focus on disputed issues and narrow the trial’s scope. It also helps the court understand the issues in dispute and craft a tailored remedy.
9)Summoning and Attendance of Witnesses:-
A summon is a process by which a party to a lawsuit gives notice to another party of their impending court date. It is a formal notice to appear in court on a certain day and time to give evidence or testimony in a case. The court clerk’s office is usually in charge of giving out summonses. Under Civil Procedure Code Order 16, a witness can be called by:
1. The notice of the parties;
2. The court’s own initiative; or
3. The commission. The requirements of Order 5 of the Code of Civil Procedure govern the manner of service of summons upon the witness.
You can call a witness if:
1. Personal service;
2. Registered post;
3. Curative service; or
4. Any other mode prescribed by the rules of the court.
When a witness gets a summons, he or she must go to court on the date and time listed to give evidence or testimony. If the witness fails to appear, the court may issue a warrant for the witness’ arrest. When a person is called a witness by the law, they have a number of rights. For example, it is not possible to keep a witness.
10)Hearing of suits and examination of witnesses:-
Many civil lawsuits involve witness examinations. They allow parties to test a witness’s credibility and elicit important testimony. The civil procedure code contains rules for fair and efficient witness examination. The party calling the witness must establish its credibility. People ask the witness about their personal life, their background, and what they know about the case. This ensures the witness will give accurate and truthful testimony. Witnesses should be able to explain what they are saying. This allows the witness to clarify unclear points and the cross-examiner to challenge the testimony. Finally, civil procedure rules require that parties cross-examine witnesses. This allows the parties to challenge the witnesses’ credibility.
11)Argument:-
In a civil trial, the judge decides after the final arguments. Each side has one last chance to convince the judge. Final arguments are the trial’s most important part. Final arguments allow each side to summarise their case and respond to opposing arguments. Each side attacks the other’s case. Lawyers earn their keep here. Judges often ask questions during final arguments. This is the lawyers’ last chance before the judge decides. Final arguments are the most important part of the trial because they are each side’s last chance to argue.
12)Judgment:-
Pronouncement of judgment is a very important stage in a civil trial. It is the stage where the court finally decides the fate of the parties. After hearing the arguments and the documents adduced in support of their case by both sides, the court will pass the judgment by answering the issues framed during the civil trial. While passing the judgment, the court will take into account the submissions made by both the parties, the evidence adduced by them, and the applicable law. The court will also pronounce the reliefs granted to the parties. The court may also award costs to the successful party. In some cases, the court may appoint a receiver for the property in dispute. So, it’s very important for both sides to be ready for this phase. If either party fails to comply with this order, they may face contempt of court proceedings.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
