WHAT IS THE CIVIL PROCESS IN INDIA?

Civil law in India is guided under the Civil Procedure Code. The process of the same is as per the Section, Order, and Rule prescribed under the Civil Procedure Code. There is a stepwise procedure in the matter of civil law proceedings.  There are other civil cases such as Banking Dispute under Sarfesi Act, Consumer Protection Act, Insolvency and Bankruptcy Code, which is not under the ambit of Civil Procedure Code, but they follow the same procedure which is being explained further. The civil process has been laid down in a brief manner:

1. PLAINT

    The first step which is required in the Civil Law for the institution of suit is the filing of Plaint. The drafting of the plaint shall be done as per the requirement prescribed in CPC.

2. Written Statement

the court issues notice to Defendant; thereafter, Defendant enters the appearance before Ld. Trail Court. Thereafter, a defendant has to file the written statement within the statutory period of thirty days from the date of receipt of the notice.  

3. REJOINDER

Although there is no filing of subsequent defence, once the written statement has been filed, but if a plaintiff wants to file the rejoinder, he can file the same but by seeking due permission of the court, and the filing of rejoinder shall not exceed the limit of 30 days from date of grant of permission of the court under order 8 rule 6. The Rejoinder is also termed as Replication under Civil Law

4. EVIDENCE

Once the aforesaid pleadings are completed before the court, the Trial Court proceeds to evidence of the case, and the trial of the case begins. Firstly, the court proceeds with the admission and denial of the documents, wherein both the parties, with respect to their claim and defence, have to admit and deny the specific documents which have been filed before the court by either of the parties. 

After the process of admission and denial, the court proceeds with the examination process wherein both the parties have to file the Evidence by way of affidavit, and the supporting documents which have been annexed in the plaint as well as in the written statement shall be exhibited by the Plaintiff as well as the Defendant. Thereafter the cross-examination of the parties takes place.

5. FINAL ARGUMENTS

After the completion of the evidence process in a particular case, the court proceeds to the final stage, and that is the arguments wherein both the parties present their arguments before the court on the basis of the plaint, written statement, and on the basis of examination of documents and parties before the court. 

6. JUDGMENT/DECREE

After the due completion of all the aforesaid steps and considering all the facts and circumstances, the court concludes the whole process by delivering the final judgment. If the court finds merit in favour of the plaintiff, then the court grant the relief vide decree sheet. Whereas the court finds merit in favour of the defendant, then in such a case, the court dismisses the plaint and may impose cost if it finds that such plaint has wasted the precious time of the court.