Here’s a clear, step-by-step overview of the journey of a civil case in India — from filing to final judgment — under the Code of Civil Procedure (CPC), 1908:
🧭 Journey of a Civil Case – Step by Step
| Stage No. | Stage | Description |
|---|---|---|
| 1️⃣ | Filing of Plaint | The plaintiff files a plaint (civil complaint) before the appropriate civil court with court fees, documents, and verification. |
| 2️⃣ | Issue of Summons | If the plaint is admitted, the court issues summons to the defendant under Order V CPC to appear and file a written statement (usually within 30 days, extendable up to 90 days). |
| 3️⃣ | Written Statement | The defendant files their reply and may include set-off or counterclaim (Order VIII CPC). |
| 4️⃣ | Replication (Optional) | Plaintiff may file a replication to the written statement to respond to new facts raised. |
| 5️⃣ | Framing of Issues | Under Order XIV CPC, the court frames issues of fact and law from the pleadings that need to be tried. |
| 6️⃣ | Trial Begins | Both parties present evidence: |
- Examination-in-Chief (by affidavit)
- Cross-examination and Re-examination
All governed by Order XVIII CPC. |
| 7️⃣ | Arguments | After evidence, both sides present oral arguments and written submissions (if any). |
| 8️⃣ | Judgment | The court delivers a reasoned judgment under Order XX CPC, either immediately or within 30 days. |
| 9️⃣ | Decree | A formal decree (Order XX Rule 6 CPC) follows judgment, recording the final relief granted. |
| 🔟 | Appeal / Execution | – Appeal (Order XLI CPC) can be filed in the higher court within the limitation period. - Or else, execution (Order XXI CPC) is filed to enforce the decree. |
🔁 Optional Intermediary Steps
- Interim Applications: Temporary injunctions (Order XXXIX), appointment of receiver, or other reliefs.
- Mediation/ADR: In some cases, courts refer the parties to mediation or Lok Adalat.
- Amendment of Pleadings: Under Order VI Rule 17 CPC, with permission.
- Dismissal for Default or Ex-Parte Hearing: If either party doesn’t appear (Order IX CPC).
🏛️ Example Timeline (Indicative):
| Month | Event |
|---|---|
| 1 | Filing of plaint |
| 2 | Summons served |
| 3 | Written statement filed |
| 4 | Framing of issues |
| 6-12 | Evidence of parties |
| 13 | Arguments |
| 14 | Judgment + Decree |
| 15 | Execution / Appeal |
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