Title of the Assignment

Procedure for the filing of the Suit / Petition

Submitted by

Name:-

Roll No:-

UID No.:-

Semester:-

Subject:- Moot Court Exercise and Internship

Course Code:- LB605CL

Name of the College:- Sarsuna Law College

Supervised by

Prof. Syed Shamima Begum

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Acknowledgement

I would like to express my gratitude to the following people whose contributions and support
have been invaluable.

Dr. Smt. Atasi Roy Khaskel, Principal for her full support, guidance, supervision, advise and
assistance during the research and writing of the dissertation. Her vast knowledge and guidance
has encouraged me at every stage of this academic pursuit.

Prof. S.S. Begum, Professor, Sarsuna Law College for the inputs and effective guidance
provided to me in the studies and research. I do also express my deep sense of gratitude to other
faculty members who have spared their valuable time and help me in conducting my study which
I humbly acknowledge.

I also pay my gratitude to my some of the batchmates and all non-teaching staff of Sarsuna Law
College for their spontaneous support and generous support in this whole pursuit.

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 CONTENT

Page No.

1. Civil Suit ………………………………………………………………… 4

- Meaning
- Essentials of a suit

2. Criminal Suit…………………………………………………………… 4-5

- Meaning
- Examples
3. Stages of Civil Suit As Per Civil Procedure Code, 1908…5-10

4. Stages Of Criminal Cases In India Under Criminal Procedure

Code, 1973…………………………………………………………………11-16

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 1. Civil Suit

a) Meaning

 The term ‘suit’ has not been defined in the CPC, 1908. Generally, it is understood as a
proceeding that commences upon the presentation of a plaint in a civil court.

 A plaint is a statement in writing of a cause of action in which the relief claimed is set
out in detail.

 The Black’s Law Dictionary defines a suit as the proceeding initiated by a party or
parties against another in the court of law.

 Provisions regarding institution of a suit are specified under Section 26 and Orders I, II,
IV, VI, VII.

b) Essentials of a Suit
 There are four essentials of a suit which are explained as follows:

1. Parties (Order I)
2. Subject Matter
3. Cause of Action (Order II, Rules 3, 6 and 7)
4. Relief claimed by the plaintiff

2. Criminal Suit

a) Meaning

Criminal suit means launching criminal proceedings, against any person, by reason of
commission, by him, of an act, which may constitute an offence.

b) Examples of Criminal suit in a sentence

 Legal proceedings can be instituted in court to prevent use or recover damages for
infringement of a trade mark.

 The Court has ordered the insurance companies to make an interim payment of Rs.
25,000 towards the no fault liability.

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  Criminal suit filed against the Company, Mr. R.S. Shah and Mr. C.B. Prasad,
Manufacturing Head by Inspector of Security Guard Board for Brihan Mumbai for
engaging non-exempted security personnel through Agency.

 Criminal suit can also be filed for offences, i.e. falsifying trademarks, making, possessing
or disposing of any dies, block, machine, plate etc.

3. Stages of Civil Suit As Per Civil Procedure Code, 1908

1. Presentation of plaint.
2. Service of summons on defendant.
3. Appearance of parties
4. Ex-parte Decree
5. Interlocutory Proceedings
6. Filing of written statement by defendant
7. Production of documents by parties (plaintiff and defendant)
8. Examination of parties
9. Discovery and Inspection
10. Admission
11. Framing of issues by the court.
12. Summoning And Attendance Of Witnesses
13. Hearing Of Suits And Examination Of Witnesses
14. Argument
15. Judgment
16. Preparation of Decree
17. Appeal, Review, Revision
18. Execution of Decree

The detailed discussion of all the stages are given below:-

1.Plaint (Order 7) :- The entire legal machinery under the Civil Law is set in motion by filing of
plaint and hence plaint is the actual starting point of all pleadings in a case.
A. The plaint shall contain the following particulars
(i) Name of the court in which suit is to be filed.
(ii) Name, description and place of residence of the plaintiff.
(iii) Name, description and place of residence of the defendant so far it can be
ascertained.
(iv) Where the plaintiff or defendant is a minor or person of unsound mind statement to
that effect.
(v) Facts constituting the cause of action and when it arose.
(vi) Fact showing that the court has jurisdiction.

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 (vii) Relief which the plaintiff claims.
(viii) Where plaintiff has allowed a set off or relinquishes a portion of his claim, the
amount so allowed for relinquishment.
(ix) Statement of the value of the subject matter of the suit for purpose of jurisdiction and
court fees.
If after submitting the plaint the court finds that it should be submitted before some other
court the plaint could be returned, and intimation thereof can be given to the plaintiff.
1. The court has power to reject the plaint on following grounds:
1.Where it does not disclose the cause of action
2. Where the relief claimed is -valued and plaintiff fails to correct the valuation within the
time fixed.
3. If the relief is properly valued but insufficient court fee stamp is paid and the plaintiff
fails to make good such amount.
4. Where the suit appears to be time barred, from the statements in the plaint.
5. When the plaint does not disclose any cause of action.
2. In ROOPLAL SATHI V/s. SINGH 1982 3SCC 487 it was held that the whole plaint
should be rejected and not a portion of it.

3. However. the rejection of plaint on aforesaid grounds does not bar the plaintiff from
presenting a fresh plaint. (ORDER 7 RULE 13 OF CPC)

2. Service of Summons :- Summons is an instrument used by the court to commence a civil

action or proceedings and is a means to acquire jurisdiction over party. It is a process
directed to a proper officer requiring him to notify the person named, that an action has
been commenced against him, in the court from where process is issued and that he is
required to appear, on a day named and answer the claim in such action. When the suit is
duly instituted summons may be issued to defendant to appear and answer the claim.
Defendant to whom a summons has been issued may appear in person or by a pleader
duly instructed or by a pleader accompanied by some person who is able to answer all
questions.
To expedite the filing of reply and adjudication of claim, the court may direct filing of
written statement on date of appearance and issue suitable summons for that purpose.
Failure to do so may result in Ex-parte judgment under order 8, rule 10.
The provisions of substituted service have to be resorted when the summons is not served
by normal process through the court bailiff. Where the court is satisfied that there is
reason to believe that the defendant is keeping out of the way for purpose of avoiding
service or that for any others reason the summons cannot be served in ordinary way the
court shall order summons to be served by affixing copy thereof in conspicuous part of
the house. (ORDER 5, RULE 20 OF CIVIL PROCEDURE CODE.)
To expedite service of summons one more provision is relating to substituted service

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 under which the court orders service by an advertisement in a newspaper, the newspaper
shall be a daily newspaper circulating in the locality in which the defendant last resided
or carried on business or personally worked for gain (ORDER 20 RULE – 1A)
3. Appearance of Parties :- On the day fixed in the summons the defendant is required to
appear and answer and the parties shall attend the court unless the hearing is adjourned to
a future day fixed by the court, if the defendant is absent court may proceed exparte.
Where on the day so fixed it is found that summons has not been served upon defendant
is consequence of failure of plaintiff to pay the court fee or postal charges the court may
dismiss the suit. Where neither the plaintiff nor the defendant appears the court may
dismiss the suit. Such dismissal does not bar fresh suit in respect of same cause of action.
4. Ex-parte Decree :- A decree against the Defendant without hearing him or in his absence
or in absence of his defense can be passed under the following circumstances:-
Where any party from whom a written statement is required fails to present the same
within the time permitted or fixed by the court, as the case may be the court shall
pronounce judgment against him, or make such order in relation to the suit as it thinks fit
and on pronouncement of such judgment a decree shall be drawn up.(ORDER 8, RULE
10 CIVIL PROCEDURE CODE.)
2. Where defendant has not filed a pleading, it shall be lawful for the court to pronounce
judgment on the basis of facts contained in the plaint, except against person with
disability.(ORDER 8, RULE 5(2), CIVIL PROCEDURE CODE.)
3. Where the plaintiff appears and defendant does not appear when suit is called up for
hearing and summons is property served the court may make an order that suit will be
heard ex parte (ORDER 9, RULE 6(1 )(a) OF CIVIL PROCEDURE CODE)
If an exparte decree is passed and the defendant satisfies that he was prevented by
sufficient cause then he has the following remedies open
1. Prefer appeal against decree.
2. Apply for Review.
3. Apply for setting aside the Exparte Decree.
In UCO BANK V/S. IYENGER CONSULTANCY SERVICES, 1994 (SCC) 399
(SUPPLE.) it was observed that the words Sufficient Cause has not been defined and it
will depend on facts and circumstances of each case.
5. Interlocutory Proceedings:- The period involved between initiation and disposal of
litigation is substantially long. The intervention of the court may sometimes be required
to maintain the position as it prevailed on the date of litigation. In legal parlance it is
known as “status quo. It means preserving existing state of things on a given day.
In that context interlocutory orders are provisional, interim, temporary as compare to
final. It does not finally determine cause of action but only decides some intervening
matter pertaining to the cause.
1.Arrest and attachment before judgment Order 38
2.Temporary injunctions and interlocutory orders Order 39

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 3.Appointment of receiver Order 40
4. Appointment of commissioner Order 26
6. Written Statement (Order 8) :- The defendant is required to fiie written statement of his
defense at or before the first hearing or such time as may be allowed
If defendant disputes maintainability of the suit or takes the plea that the transaction is
void it must be specifically stated. A general denial of grounds alleged in the plaint is not
sufficient and denial has to be specific. The denial should not be an evasive denial but it
must be on point of substance. Every allegation of fact in the plaint if not denied
specifically or by necessary implication or stated to be not admitted in the pleading shall
be deemed to be admitted. (ORDER 8 RULE 5 OF CPC)
Before amendment 2002 in C.P.C. there was no time limit to file written statement by
defendant. By amendment 2002 under order 8 rule 1 of C.P.C. defendant has to present
written statement within 90 days from the date of service of summons on him. Under this
rule discretion is given to court that if defendant fails to file written statement within a
period of 30 days he shall be allowed to file the same on such other day which may be
specified by the court but such period shall not be later than 90 days from the date of
service of summons.
By Amendment 1999 in rule 1-A of order 8, duty is cast upon the defendant to produce
documents on which he bases his defense or other documents which are in his possession
along with a list. Such list of documents is supplied with written statement.
7. Production of Documents :- After filing written statement by defendant the next stage of
the suit is documents. On this stage both parties have to file documents in court which are
in their possession or power. If parties relay on some documents which are not in their
possession in that case they have to apply to court for issue of summons to authority or
persons in whose possession these documents are. The parties have to deposit in court
cost of such production of documents. (Process fees and bhatta).
8. Examination of Parties (Order 10):-Examination of parties is an important stage after
appearance. At first hearing of the suit the court shall ascertain from each party or his
pleader whether he admits or denies such allegations of fact as are made in the plaint or
written statement. Such admissions and denials shall be recorded. The examination may
be an oral examination. When a party, if the pleader of the party who appears, refuses or
is unable to answer any material question court may direct the concerned party should
remain present in the court. If the party does not remain present court may pass such
orders as deemed fit (ORDER 10 OF CPC.)
9. Discovery and Inspection (Order 11):- The purpose of discovery and inspection of
document and facts is to enable the parties to ascertain the facts to be proved. With the
leave of the court the plaintiff or defendant may deliver interrogatories in writing for
examination of opposite parties which are required to be answered and which are related
to the matter.
10. Admission (Order 12):- Either party may call upon the other party to admit within seven
days from the date of service of the notice, any document saving all just exception. In
case of refusal or neglect to admit after such notice, the cost of proving such document
shall be paid by the party, so neglecting or refusing whatever be the result of the suit may

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 be, unless the court otherwise directs and no cost of proving any such document shall be
allowed unless such notice is given, except where the omission to give the notice is in the
opinion of the court a saving of expenses. The above procedure is rarely followed by the
advocates of parties.
11.Framing of Issue (Order 14):- The next stage is framing issues. The job of framing issues
is exclusively assigned to a judge. Issues are framed considering provisions of order 14
rule 1 of C.P.C.
Rule 1 sub rule (1) states, “Issues arise when a material proposition of fact or law is
affirmed by one party and denied by the other.”
Sub rule (2) states, “Material propositions are those propositions of law or fact which a
plaintiff must allege in order to show a right to sue or a defendant must allege in order to
constitute his defense,”
Sub rule (3) States “Each material proposition affirmed by one party denied by other shall
form subject of distinct issues.”
4. Issues of fact
5. Issues of law.
12. Summoning And Attendance Of Witnesses (Order 16) :- On the date appointed by the
court and not later than 15 days after the date on which issues are settled parties shall
present in court a list of witnesses whom they propose to call either to give evidence or to
produce documents.
13. Hearing Of Suits And Examination Of Witnesses (Order 18):- The plaintiff is entitled to
have first right to begin unless the defendant admits the facts alleged by the plaintiff and
contends that either in point of law or on some additional facts alleged by the defendant
the plaintiff is not entitled to any part of relief. In such case defendant has the right to
begin.
The plaintiff has to state his case in front of the judge. The plaintiff has to submit the
evidence that was earlier marked. If any evidence was not marked earlier then it will not
be considered by the court. Then the plaintiff will be cross-examined by the defendant’s
Advocate. The witnesses from plaintiff’s side also have to appear in the court, who are
also cross-examined by the defendant’s lawyer.
The defendant also presents his side of the story supported by his witnesses and evidence
from his side. The evidence needs to be be marked earlier by the court, otherwise it will
not be considered by the court. The plaintiff’s lawyer will then cross-examine the
defendant.
14.Argument:- As soon as evidence of both side is over then the suit is kept for argument.
Once the evidence has been submitted and cross-examination is conducted by the
plaintiff and defendant, both sides are allowed to present a summary of their case and
evidence to the judge in the Final argument session.
15. Judgment (Order 20):-Judgment means the statement given by the judge on ground of
which a decree is passed.
The court after the case has been heard shall pronounce judgment in open court either

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 within one month of completion of arguments or as soon thereafter as may be practicable,
and when the judgment is to be pronounced judge shall fix a day in advance for that
purpose.
16. Preparation of Decree (Order 20 rule 6, 6A):- Once the judgment is delivered by a judge a
decree is to be prepared by concerned clerk.
The decree shall agree with the judgment; it shall contain the number of the suit, the
names and descriptions of the parties, their registered addresses, and particulars of the
claim, and shall specify clearly the relief granted or other determination of the suit.
17. Appeal, Review, Revision :-
A. Appeal:- An appeal may be an appeal from order or an appeal from decree. All orders
are not appealable and complete discretion of the appealable order has been given in
order 43 of the code of Civil Procedure Code. The appeal has to be preferred within
prescribed limitation period before the appellate court. The limitation period for appeal to
High Court is 90 days and appeal to District Court is 30 days. If the period of limitation is
expired, then application for condonation of delay also is required to be moved.
B. Review:- The right of review is having very limited scope under the Civil Procedure
Code
A review application is maintainable only when the following conditions are satisfied,
1. If involves a decree or order from which no appeal is allowed or if allowed it is not
preferred.
2. The appellant was aggrieved, on the ground, that because of the discovery of a new
and important matter of evidence, which, after the exercise of due diligence, was not
within his knowledge or could not be produced by him at the time of decree or on
account of some mistake, apparently on the face of the record, or for any sufficient
reason, desires to obtain a review of such decree. The other side will be granted an
opportunity to be heard, when any review application has been granted.
C. Revision:- The High Court in its revision jurisdiction can interfere in any case decided
by subordinate court under certain circumstances.
The High Court may call for the record of any case which has been decided by
subordinate court and in which no appeal lies, if such subordinate court appears –
1. To have exercised, a jurisdiction not vested in it by law, or
2. To have failed to exercise a jurisdiction so vested, or
3. To have acted in exercise of its jurisdiction illegally; or with material irregularity.
18. Execution of Decree (Order 21):- Execution is the medium by which a decree- holder
compels the judgment-debtor to carry out the mandate of the decree or order as the case
may be. It enables the decree-holder to recover the fruits of the judgment. The execution
is complete when the judgment-creditor or decree-holder gets money or other thing
awarded to him by judgment, decree or order.

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 4. Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973
 A. Pre-trial Stage
 1. Commission of an offence (cognizable or non cognizable)
 3. Investigation by Police
 4. Anticipatory Bail
 5. Arrest of the Accused
 6. Production of accused to magistrate
 7. Remand
 8. After investigation is completed
 9. Cognizance of Offence by Magistrate
 11. Appearance of accused before court & engagement of
advocate.
 13. Decision is taken by the Court after hearing the public
prosecutor and the counsel for defence
 14. Framing Of Charge
 15. Conviction on plea of guilty
 16. If the accused pleads not guilty
 B. Trial stage
 17. Commencement of trial
 18. Prosecution evidence
 19. Statement of the accused
 21. Final Arguments
 22. Judgment and sentence by the Court
 23. Arguments on sentence
 24. Judgment of Court passing sentence
 C. Post-Trial Stage
 26. Judgment of the Appellate Court or Court having revisional
jurisdiction.
 27. Execution of Sentence.

The criminal trials in India can be broadly categorized into three stages namely;
A. Pre-trial stage
B. Trial stage
C. Post-trial stage

Now, each stage requires some detailed steps to be fulfilled which are described below.
 
A. Pre-trial Stage
1. Commission of an offence (cognizable or non- cognizable)

Information to police.

1. Information of cognizable offence.

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 2. Information of non- cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered.
FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating
to the commitment of an offense. In case of cyber crimes, online complaint can also be resorted and legal
assistance can be taken from cyber crime lawyers.

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non- cognizable report) is registered by police under section
155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a
Magistrate having power to try such case.
2. Complaint to Magistrate

Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally
or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether
known or unknown, has committed an offence, but does not include a police report. On receipt of a
complaint a Magistrate has several courses open to him.
He may take cognizance of the offence and proceed to record the statements of the complainant and the
witnesses present under Section 200, Cr Thereafter if in his opinion there is no sufficient ground for
proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient
ground for proceeding he may issue process under Section 204, Cr PC.
However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or
direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose
of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).
He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the
complaint if there is no sufficient ground for proceeding.
3. Investigation by Police

Police conduct investigation for

 For collection of evidence;

 Interrogation statement of accused;
 Statement of witnesses;
 Scientific analysis / opinion if required. During this time, at any stage decided by invest igating
agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration of FIR, no prior approval
of magistrate is necessary. But in case of non cognizable offence, prior approval of magistrate is
necessary to start investigation.
4. Anticipatory Bail

Upon registration of FIR for cognizable criminal offence the accused may make an application for
anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be
arrested. If anticipatory bail is rejected then the accused can be arrested without warrant. Since it is a

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serious matter restricting the freedom of accused person, criminal lawyer in Kolkata should be contacted
without any laches for cases in Kolkata.
5. Arrest of the Accused

In case of cognizable offence police can arrest the accused without warrant. However in case of non
cognizable offence prior approval of magistrate is necessary.
6. Production of accused to magistrate

Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try
such cases.
7. Remand

Whenever an accused is arrested for any offence and police cannot complete investigation within 24
hours then such person is produced before a magistrate for seeking extension of police or magisterial
custody.
8. After investigation is completed

If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the
public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.
9. Cognizance of Offence by Magistrate

After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section
190 of the Criminal Procedure Code. In the language of the Hon'ble Apex Court employed in its earliest
decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal
action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the
suspected commission of offence"
10. Service of summons/warrant to accused and Process to compel appearance
under chapter 6 of Cr.P.C.

The Court sends summons to the accused for appearance in the court on the due date.
11. Appearance of accused before court & engagement of advocate.

The accused appears before the court along with an Advocate of his choice to defend him and seek bail if
anticipatory bail is not taken.
12. Filing bail application/ furnishing surety

The accused moves an application for bail and once the bail is granted furnishes the required suety to the
court as per the order.
13.Decision is taken by the Court after hearing the public prosecutor and the
counsel for defence

On question of Charge sheet:

1. Court can reject charge sheet, in which case the accused is discharged. Or,

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 2. Court can accept that a prima facie case is made out, frame the charges, and post the case for trial.
Case goes to next stage.

3. Court can accept the final report- case is closed and accused is discharged. Or,

4. Court can reject the final report, and direct the police to further investigate the case. Case goes
back to the Stage of investigation. Or, c. If the Court direct the case to be posted for trial. Case
goes to next stage.

14. Framing Of Charge

After considering the police report and other important documents the accused is not discharged then the
court frames charges under which he is to be tried.
15. Conviction on plea of guilty

If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.
16. If the accused pleads not guilty

Case is posted for trial to begin the trial of the case and further proceedings as per Criminal Procedure
Code.

B. Trial
Stage
17. Commencement of trial

Generally speaking trial of a case commences when the case is posted for examination of witnesses. Trial
may be -

1. Sessions trial

2. Warrant trial

3. Summons trial

4. Summary trial

18. Prosecution evidence

After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to
produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence
with statements from its witnesses. This process is called "examination in chief". The magistrate has the
power to issue summons to any person as a witness or orders him to produce any document.
19. Statement of the accused

Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain
the facts and circumstances of the case. The statements of accused are not recorded under oath and can be
used against him in the trial.

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20. Defence evidence

An opportunity is given to the accused in a case where he is not being acquitted to produce so as to
defend his case. The defense can produce both oral and documentary evidence. In India, since the burden
of proof is on the prosecution the defense, in general, is not required to give any defense evidence.
21. Final Arguments

Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court

The final decision of the court with reasons given in support of the acquittal or conviction of the accused
is known as judgment.
23. Arguments on sentence

When the accused is convicted, then both sides are invited to give arguments on the punishment which is
to be awarded. This is usually done when the person is convicted of an offense whose punishment is life
imprisonment or capital punishment.
However, when the sentence is pronounced in a summons case, the parties need not argue on the amount
of punishment given. The sentence is the sole discretion of the judge.
24. Judgment of Court passing sentence

After the arguments on sentence, the court finally decides what should be the punishment for the accused.
While punishing a person, the courts consider various theories of punishment like reformative theory of
punishment and deterrent theory of punishment. Court also considers the age, background and history of
an accused and the judgment is pronounced accordingly.

C. Post-Trial Stage
25. Appeal (within specified period of limitation)/Revision

Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence. On notice being
issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the
public prosecutor. Or,
Revision Application :
Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or
the High Court can entertain a revision to prevent miscarriage of criminal justice system occurred by the
orders of the lower court.
26. Judgment of the Appellate Court or Court having revisional jurisdiction

The Court having such powers can either rebut the lower court judgement or confirm the judgment
pronounced by the lower court.
27. Execution of Sentence

Finally, if the accused is pronounced convicted by all relevant courts and appellate authorities then he is
sent to jail.

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