STAGES OF CIVIL SUIT

STAGES OF CIVIL SUIT

Normally a civil suit has to travel through 17 main stages from institution of the suit till
its judgment, they are as under :-

Sr.

Stage

Provision

Time

Option

Institution of Suit

Order 4, 6 and 7

Issue of Summons

Order 5

30

Filing of Written Statement

Order 8

30

Examination of Parties

Order 10

10

Settlement of Dispute

Section 89

15

Discovery & Inspection

Order 11

30

Admission

Order 12

15

Production of Documents

Order 13

07

Framing of Issues

Order 14

15

10

List of Witness

Order 16

15

11

Summons to Witnesses

Order 16 R 1 (4)

05

12

Settling Date

Order 16

07

13

Evidence of Parties

Order 18 R 4

----

07

r/w Order 17
14

Exhibiting of Documents

Order 18 R 4 (1)
Proviso

15

Cross-exam by parties

Order 18 R 4 (2)

----

16

Arguments

Order 18 R 2 (3A)

----

17

Judgment

Order 20

30

Out of these 17 main stages the amended code does not speak about any time limit
for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of
Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in
the provisions itself and we cannot ignore them so easily and without any rare and
exceptional circumstances.

Honble Apex Court in case of Salem Bar cited supra has given a landmark in each of
the provision. In the light of this judgment every thing was set right. Till the preparation of
this paper Honble Apex Court, High courts of various states including Honble Bombay High
Court has delivered judgments in respect of all the 17 stages as mentioned above.
Now once a party has filed the suit then he has to comply all the provisions one by
one within the stipulated time. If the table shown as above is effectively implemented then no
prejudice is likely to be caused to either of the parties and it will be a milestone in disposing
off the civil suit in a stipulated time and that too within the framework of law, respecting the
intention of the legislature. Now it is for us to decide whether to follow the provisions or the
practice while interpreting and implementing the provisions of amended code.
In the amended code most of the provisions contains time limits for a particular
stage. Maximum of the provisions are mandatory in nature and in very few of them the
1.
2.
3.
4.
5.

6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

discretion lies with the court.

Plaintiff has to file the plaint complying the provisions in all respect as contemplated under
Order 4 r/w Order 6 and 7 of the code.
Plaintiff has to issue summons within 30 days from the institution of suit.
After the service of summons defendant has to file his written statement within 30 days from
the receipt of summons as per Order 8 R 1 of the code
No further time exceeding 90 days after date of service of summons be extended for filing
written statement as per proviso to Order 8 R 1 of the code.
Within 10 days from the filing of written statement court has to examine the parties so as to
explore the possibilities of compromise in between the parties and to refer the matter of
settlement under section 89 of the code.
If parties fail to compromise the matter then court has to keep the matter for discovery and
inspection within the time span of
7 10 10 3 days, as per Order 11 of the code.
Then to adjourn the matter for admission within the time span of 15 days as per Order 12
of the code.
Then parties have to file the original documents prior to framing of issues within the time
span of 7 days, as per Order 13 of the code.
Court has to frame the issues within 15 days as per Order 14 of the code.
Parties have to file the list of witnesses within 15 days from the date of framing of issues as
per Order 16 of the code.
Plaintiff has to issue summons to the witnesses either for adducing evidence or for
production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.
Parties have to settle the date of evidence as per Order 16 of the code.
Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R
4 r/w Order 17 of the code.
Court has to exhibit the documents considering their proof and admissibility with a reasoned
order as per proviso to Order 18 R 4 (1) of the code.
Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in
attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
Defendant has to issue summons to the witnesses either for adducing evidence or for
production of documents as per Order 16 R 1 (4) of the code.

17.
18.
19.
20.
21.

Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order
18 R 4 r/w Order 17 of the code.
Court has to exhibit the documents considering their proof and admissibility with a reasoned
order as per proviso to Order 18 R 4 (1) of the code.
Cross examination of the defendant and his witnesses on day to day until all the witnesses
in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
Parties have to conclude their arguments within 15 days from the completion of their
respective evidence as per Order 18 R 2 (3A) of the code.
Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60
days from the date of conclusion of the arguments as per Order 20 R 1 of the code.