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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