Civil Court procedure in India
Comprehensive table outlining the Civil Court procedure in India, from online e-filing to decree, covering each major step with relevant details:
Civil Court Procedure (Step-by-Step) – From E-Filing to Decree
Stage |
Step |
Details |
1. Pre-filing |
Preparation of Plaint |
Drafting the plaint with proper cause of action,
jurisdiction, parties, facts, reliefs claimed. Attach supporting documents. |
2. Filing |
E-Filing of Suit |
Done via online portal (e.g., eCourts portal –
https://efiling.ecourts.gov.in)
by advocate or party-in-person. Documents include: plaint, Vakalatnama, affidavit,
index, list of documents, and fees. |
Scrutiny of Documents |
Court staff scrutinize for procedural compliance.
Objections, if any, must be rectified. |
|
Filing Number |
If accepted, a filing number is assigned. |
|
3. First Hearing (Order 10 CPC) |
Admission of Suit |
The judge checks if the case is fit to proceed. If
valid, it is registered with a suit number. |
Issue of Summons (Order 5 CPC) |
Notice is sent to defendant(s) with copy of plaint,
requiring written statement within 30 days (extendable up to 90 days). |
|
4. Defendant's Response |
Written Statement (Order 8 CPC) |
Defendant replies to plaint, admits or denies claims. |
Counterclaim/Set-off (if any) |
Defendant may raise a counterclaim or set-off in the
same written statement. |
|
Replication by Plaintiff |
Plaintiff replies to written statement (optional). |
|
5. Framing of Issues |
Issues Framed (Order 14 CPC) |
Court identifies the points in dispute based on
pleadings – facts or law to be proved. |
6. Evidence Stage (Trial) |
Plaintiff’s Evidence (Order 18 CPC) |
Plaintiff files affidavits of witnesses and presents
oral & documentary evidence (Examination-in-Chief). Cross-examined by
defendant. |
Defendant’s Evidence |
Same process as above for defendant. |
|
Commission or Expert Evidence |
In complex matters, court may appoint a commissioner
or expert (e.g., for local inspection, handwriting, etc.). |
|
7. Final Arguments |
Oral Arguments |
Both parties make legal arguments. Cited case laws
and evidence relied upon. |
8. Judgment |
Pronouncement of Judgment (Order 20 CPC) |
Court delivers a reasoned judgment, usually within
30-60 days from final arguments. |
9. Decree |
Preparation & Drawing of Decree |
A formal expression of judgment in writing. Contains
who won, what is granted, cost, etc. Must conform to judgment. |
Decree Copy to Parties |
Parties may apply for a certified copy of the decree. |
Notes:
- Time limits may vary based on High Court
rules and practical delays.
- For urgent matters, an interim relief or injunction
may be sought at filing stage under Order 39 CPC.
- Execution of decree is a separate stage
under Order 21 CPC, if the decree is not complied with voluntarily.
- Appeals, reviews, and revisions are post-decree remedies, if
aggrieved.
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