Introduction

A suit refers to a civil proceeding initiated by presenting a plaint before a civil court for enforcement of a right or claims arising out of a civil dispute. The Code of Civil Procedure, 1908 is the basic statute governing civil litigation in India. It establishes the modalities for institution, prosecution and disposal of suits of a civil nature.

Jurisdiction of Civil Courts

Section 9 of the CPC provides that courts shall have jurisdiction to try all suits of civil nature, except suits excluded from its cognizance. The civil courts established under the state government derive jurisdiction from the CPC to adjudicate civil disputes. Section 15 enumerates the classes of suits of a civil nature cognizable by the civil courts.

These include suits relating to immovable property such as recovery of possession, partition, mortgage, charge, settlement, ejectment, determination of rights; suits relating to movable property such as claims for price of goods sold, hire-purchase agreements, pledges, hypothecation, bailment; suits on contract including breach, specific performance, insurance, indemnity, guarantee; suits on tort including defamation, nuisance; suits on trusts and trusteeship concerning affairs of trust properties; suits for declaratory decrees and injunctions; suits for dissolution of partnerships, societies, marriages; suits relating to religious or charitable endowments, religious office; suits for possession and compensation by victims of wrongful confinement; and suits in connection with any of the above matters.

The enumeration under Section 15 is inclusive and not exhaustive. The civil courts have wide jurisdiction over all suits of civil nature not expressly excluded under the CPC. Section 9 read with the First Schedule specifies categories of suits excluded from cognizance of the civil courts. Common exclusions include suits before Revenue Courts relating to agricultural land, taxation disputes. Other exclusions cover matters under specialized statutes and tribunals. Subject to exclusions, the civil courts exercise plenary jurisdiction over civil disputes.

Institution of Suits – Plaint

A suit is instituted by presenting a plaint in duplicate before the court. Order IV deals with the formatting requirements of a plaint. Order VII deals with the contents of a plaint. The plaint shall state clearly and concisely the material facts, grounds of cause of action, details of parties, valuation for jurisdictional purposes, reliefs or remedies claimed, and jurisdiction. The plaintiff shall plead and provide details regarding every material fact intended to be relied upon at the trial. Any documents relied upon by plaintiff must be included with plaint.

The plaint must demonstrate that the civil court has territorial and pecuniary jurisdiction to entertain the suit. The valuation shall be reasonable and made in good faith. Insufficient valuation can lead to rejection of plaint. The plaint shall disclose a cause of action indicating the right or grievance which the plaintiff seeks to enforce. Cause of action refers to the media upon which plaintiff asks for relief. The plaint must disclose title, interest, claim of plaintiff over the subject matter. The relief claimed may include recovery of possession, injunction, specific performance, damages or compensation.

Issuance of Summons

On presentation, the plaint shall be numbered, registered and fixed for preliminary hearing before issuance of summons to the defendant. The court examines the plaint for any defects under Order VII Rule 11. The plaint can be rejected if barred by law, insufficiently stamped, no cause of action, improperly valued, or filed before wrong court. If the plaint discloses a cause of action, the court will issue summons to the defendant.

The summons requires the defendant to appear before the court on a specified date to answer the claim. It provides intimation to the defendant regarding the initiation of civil action against him. Under Order V Rule 9, the court may order substituted service of summons if defendant avoids service or his whereabouts are not known. The court could proceed ex-parte if summons duly served is not obeyed by the defendant.

Written Statement

On appearance, the defendant is required to file a written statement under Order VIII Rule 1 within 30 days dealing with the plaintiff’s claims. The written statement shall state what allegations are admitted or denied, on what grounds, and any additional facts regarding the dispute. It provides an opportunity to the defendant to present his defence contesting the suit. The defendant may also make a counterclaim against the plaintiff or file a set off to adjust any amount claimable from the plaintiff.

The defendant may also take out a chamber summons for unconditional leave to defend the suit under Order 37 Rule 2. This provides time to the defendant to file a written statement. The defendant may also file an application requesting the court to reject the plaint under Order VII Rule 11 if it does not disclose a cause of action, barred by law, insufficiently stamped, misjoined parties, wrong valuation etc.\

Framing of Issues

On completion of pleadings, the court will frame issues under Order XIV Rule 1. Issues are points formulated based on material propositions of fact and law alleged by parties. The court examines the points of controversy between the parties and crystallizes such points into issues. The court shall frame separate issues on each substantial question of fact or law raised by the parties.

Issues help identify points in dispute which need to be tried and decided by the court. The court must frame issues on all contentious questions which must be adjudicated for effective disposal of the suit. The issues provide a blueprint for the trial, demarcating the area of inquiry. Only issues framed and not others can be adjudicated upon by the court.

Trial

After framing issues, the court proceeds with the trial of suit. The burden of proving the issues lies on the party which asserts the affirmative issues, normally the plaintiff. The plaintiff is required to adduce evidence first to prove his case under Order XVIII Rule 1. The plaintiff shall submit an examination-in-chief of his witnesses and tender documents in his possession. Thereafter, the witnesses may be cross-examined by the defendant.

After the plaintiff’s evidence concludes, the defendant must lead rebuttal evidence under Order XVIII Rule 2. The defendant may examine himself and other witnesses, supported by relevant documents, to contradict the evidence of plaintiff and prove his defence. The plaintiff is provided an opportunity for cross-examination of defendant’s witnesses.

The court has power to control the trial by imposing time limits, regulating the number of witnesses or mode of evidence being adduced. The court may conduct local inspection or engage court commissioners or experts to assess evidence as required. The court must administer oath before taking examination or evidence of parties.

After consideration of evidence led by both sides, the court may examine the parties or their agents under Order X Rule 1 to extract clarifications on relevant aspects. The examination helps elucidate material facts not brought out clearly from evidence. After trial procedures conclude, the court fixes the suit for final arguments.

Final Arguments

In the final arguments stage, counsel for both parties elaborate on their factual and legal submissions seeking adjudication of issues in their favor. The plaintiff’s counsel highlights evidence adduced to substantiate factual claims and explains how legal propositions relied upon support the relief claimed. The defendant’s counsel rebuts plaintiff’s submissions by countering factual assertions and distinguishing their legal predicates.

The counsel provides an overview of their factual and legal narratives, interpretation of evidence and applicable legal principles to enable the court to appreciate their submissions in the context of issues framed. The court may clarify doubts, pose queries or seek clarification on aspects it finds unclear or require elaboration. The court may reserve judgment and pronounce the final order later.

Judgment and Decree

The court shall pass judgment under Order XX Rule 1 resolving the issues framed, either affirming or negating such issues. The judgment analyses factual and legal matters, discusses evidence, weighs the rival contentions and records findings on each of the issues adjudicating upon the dispute. The judgment is followed by a decree which encapsulates the operative conclusions of the judgment.

The decree declares specific reliefs allowed and specifies the amounts, properties or acts ordered. The decree conclusively determines the rights of parties. However, where certain issues are left undetermined, the court may pass a preliminary decree adjudicating upon settled issues reserving any subsequent decision for later consideration. The court may direct further enquiries or taking of accounts for passing a final decree fully determining the suit.

Appeals and Revision

A decree or order passed by the civil court is appealable under Sections 96 – 99. First appeal against decree lies before the District Court. Second appeal lies before the High Court on substantial question of law. Interlocutory orders are appealable if it decides preliminary issues concerning jurisdiction, valuation, rejection of plaint, addition of parties or cause of action. Revision application under Section 115 is maintainable against orders which fail to exercise jurisdiction or acting beyond jurisdiction.

The hierarchy of appeals enables appropriate higher forums to remedy errors in judgments passed by subordinate courts. This provides continuity in corrective process. Section 100A also allows the High Court to withdraw any appeal and transfer it to itself if it involves substantial questions of law requiring settlement.

Execution of Decrees

A decree may be executed under Order XXI either by the court which passed it or the court to which it is sent for execution. Decrees for payment of money, delivery of property, injunctions, declaratory decrees, or requiring performance of any specific act are executable. The decree may be executed by attachment and sale of judgment debtor’s property, appointment of receiver, arrest and detention of judgment debtor or other means. Where the decree is not fully satisfied by the judgment debtor, the decree holder may initiate fresh execution proceedings.