Stages of Civil suit 

*CPC*

*Order 1 : PARTIES TO SUITS*

*(Rule 1)* Who may be joined as plaintiffs.
*(Rule 3)* Who may be joined as defendants.
*(Rule 9)* Mis-joinder and non-joinder.
*(Rule 10)* Suit in name of wrong plaintiff.
*(Rule 13)* Objections as to non-joinder or mis-joinder.

 

Order 2– FRAME OF SUIT

*(Rule 1)* Frame of suit.
*(Rule 3)* Joinder of causes of action.
*(Rule 7)* Objections as to mis-joinder.

*(Order 4) INSTITUTION OF SUITS*

*(Rule 1)* Suit to be commenced by plaint.
*(Rule 2)* Register of suits.

*(Order 5) ISSUE AND SERVICE OF SUMMONS*

*(Rule 1)* Summons.
*(Rule 3)* Court may order defendant or plaintiff to appear in person.
*(Rule 9)* Delivery or transmission of summons for service.
*(Rule 9A)* Summons given to the plaintiff for service.
*(Rule 15)* Where service may be on an adult member of defendant’s family.
*(Rule 17)* Procedure when defendant refuses to accept service, or cannot be found.
*(Rule 20)* Substituted service.
*(Rule 24)* Service on defendant in prison.
*(Rule 28)* Service on soldiers, sailors or airmen.
*(Rule 30)* Substitution of letter for summons.

*Order 6 – PLEADINGS GENERALLY*

*(Rule 1)* Pleading.
*(Rule 2)* Pleading to state material facts and not evidence.
*(Rule 3)* Forms of pleading.
*(Rule 16)* Striking out pleadings.
*(Rule 17)* Amendment of pleadings.
*(Rule 18)* Failure to amend after order.

*Order 7 – PLAINT*

*(Rule 1)* Particulars to be contained in plaint.
*(Rule 4)* When plaintiff sues as representative.
*(Rule 10)* Return of plaint.
*(Rule 11)* Rejection of plaint.
*(Rule 14)* Production of document on which plaintiff sues.

*Order 8 – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM*

*(Rule 1*) Written statement.
*(Rule 1A)* Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
*(Rule 6)* Particulars of set-off to be given in written statement.
*(Rule 6A)* Counter-claim by defendant.
*(Rule 6B)* Counter-claim to be stated.

*Order 9- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE*

*(Rule 1)* Parties to appear on day fixed in summons for defendant to appear and answer.
*(Rule 3)* Where neither party appears, suit to be dismissed.
*(Rule 5)* Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons.
*(Rule 6)* Procedure when only plaintiff appears.
*(Rule 8)* Procedure where defendant only appears.
*(Rule 13)* Setting aside decree ex-parte against defendant.
*(Rule 14)* No decree to be set aside without notice to opposite party.

*Order 10- EXAMINATION OF PARTIES BY THE COURT*

*(Rule 1)* Ascertainment whether allegations in pleadings are admitted or denied.
*(Rule 1A)* Direction of the court to opt for any one mode of alternative dispute resolution.
*(Rule 3)* Substance of examination to be written.

*Order 14- SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON*

*(Rule 1)* Framing of issues.
*(Rule 3)* Materials from which issues may be framed.
*(Rule 5)* Power to amend and strike out issues.

*Order 15- DISPOSAL OF THE SUIT AT THE FIRST HEARING*

*(Rule 1)* Parties not at issue.
*(Rule 2)* One of several defendants not at issue.
*(Rule 3)* Parties at issue.
*(Rule 4)* Failure to produce evidence.

*Order 16- SUMMONING AND ATTENDANCE OF WITNESSES*

*(Rule 6)* Summons to produce document.
*(Rule 10)* Procedure whose witness fails to comply with summons.
*(Rule 12)* Procedure if witness fails to appear.

*Order 17- ADJOURNMENTS*

*(Rule 1)* Court may grant time and adjourn hearing.
*(Rule 2)* Procedure if parties fail to appear on day fixed.
*(Rule 3)* Court may proceed notwithstanding either party fails to produce evidence, etc.

*Order 20– JUDGMENT AND DECREE*

*(Rule 1)* Judgment when pronounced.
*(Rule 6)* Contents of decree.
*(Rule 6A)* Last paragraph of judgment to indicate in precise terms the reliefs granted.
(Rule 12)Decree for possession and mesne profits.

Order 20A- COSTS

(Rule 1) Provisions relating to certain items.
(Rule 2) Costs to be awarded in accordance with the rules made by High Court.

 

All Rights Reserved (Adv Vaibhav Tomar)