Court Procedure and Legal Awareness for Judiciary Staff · Chapter 3

Civil Procedure Basics

What to remember

A civil suit starts with a plaint, then summons go to the defendant, who files a written statement. After issues, evidence and arguments, the court gives a judgment and decree. The decree is then executed.
The Code of Civil Procedure, 1908 (CPC) has two parts: the Sections (the main rules) and the Orders and Rules in the First Schedule (the detailed steps).
Court fee must be paid on the plaint, and every suit must be filed within the period fixed by the Limitation Act, 1963. A late suit is barred, even if the claim is true.

Key terms

Term	Meaning
Suit	A civil proceeding started by presenting a plaint
Plaint	The written complaint of the plaintiff stating the facts and relief claimed
Cause of action	The set of facts that gives the right to sue
Summons	The court's order calling the defendant to appear and answer
Written statement	The defendant's written reply to the plaint
Issues	Points in dispute framed by the court
Judgment	The court's statement of the reasons for its decision
Decree	Formal expression of the court's decision on the rights of parties in the suit
Order	The decision of a civil court which is not a decree
Decree-holder	The person in whose favour a decree is passed
Judgment-debtor	The person against whom the decree is passed

Section 2 of the CPC defines these terms. A decree may be preliminary (decides some rights but leaves further steps, such as a partition or accounts) or final (disposes of the suit fully). An ex parte decree is passed when the defendant does not appear.

Steps of a civil suit

1. Plaint presented with court fee, verification, list of documents and copies for the defendants. The staff check the plaint, the valuation and the fee, and number it as an Original Suit (O.S.).
2. Scrutiny: the court can return a plaint filed in the wrong court or reject it on the grounds stated in Order VII Rule 11 (for example, no cause of action or insufficient stamp not corrected in time).
3. Summons issued to the defendant under Order V, with a copy of the plaint. The court fixes the date.
4. Service of summons: by the process server, by registered post or courier, or by electronic means as permitted. A proof of service (the acknowledgment or the server's report) must be filed.
5. Written statement by the defendant. The rule is to file it within 30 days of service. The court can allow more time but not beyond 90 days from the date of service.
6. Replication or counter-claim: the plaintiff may reply to new points. A defendant may also raise a counter-claim.
7. Framing of issues (Order XIV).
8. Evidence: plaintiff first, then defendant. Documents are marked as exhibits. Witnesses are examined in chief, cross-examined and re-examined.
9. Final arguments.
10. Judgment and decree.
11. Appeal, review, revision, if a party wants.
12. Execution of the decree if the judgment-debtor does not obey.

Summons and what happens if the defendant stays away

The summons must say the court, the date, the nature of the suit and the need to file a written statement. If the defendant does not appear on the date, the court (Order IX) may:

proceed ex parte against the defendant;
if the plaintiff does not appear, dismiss the suit for default.

A defendant can apply to set aside an ex parte decree by showing sufficient cause for the absence. A plaintiff whose suit is dismissed for default can apply for restoration. Such steps have time limits, so the office must note the dates properly.

Notice to the Government: before a suit against the Government or a public officer for an act done in official duty, a written notice must be given. Under Section 80, a period of two months must pass after the notice, with limited exceptions for urgent relief.

Important provisions (awareness)

Provision	Subject
Section 9	Courts to try all civil suits unless barred
Section 10	Stay of a later suit on the same issue (res sub judice)
Section 11	Res judicata: a matter decided finally cannot be tried again between same parties
Sections 15 to 20	Place of suing (pecuniary and territorial)
Section 80	Notice before suing the Government
Section 89	Settlement outside court (arbitration, conciliation, mediation, Lok Adalat)
Section 96	First appeal
Section 100	Second appeal on substantial question of law
Section 114 and Order XLVII	Review
Section 115	Revision by the High Court
Section 148	Enlargement of time
Section 151	Inherent powers of the court

Interim relief: the court can grant a temporary injunction (Order XXXIX), appoint a receiver, or attach property before judgment (Order XXXVIII) to prevent the claim being defeated.

Court fees

Court fee is a tax paid to the State for using the court. Under the State Court Fees and Suits Valuation law, the fee on a plaint for money or property is usually ad valorem, meaning it is a percentage that rises with the value of the claim. Some documents carry a fixed fee. Fee is paid by court fee stamps or by e-payment, depending on the State's system. The staff check that:

the suit is valued correctly (the value for fee and for jurisdiction may differ);
the fee paid matches the relief claimed;
a short fee is made up before the court proceeds.

The court can reject a plaint if the plaintiff does not pay the deficit within the time set. Indigent persons can sue as a pauper (Order XXXIII), after the court is satisfied that they cannot pay the fee.

Limitation

The Limitation Act, 1963 sets time limits for suits, appeals and applications. After the period ends, the remedy is barred. The court must dismiss a time-barred suit even if the defendant does not raise the point (Section 3).

Item	Period (general)
Suit on a contract or for money due	Three years
Suit for possession of immovable property	Twelve years
Appeal to the High Court from a decree	Ninety days
Appeal to other courts	Thirty days
Execution of a decree	Twelve years

Important sections: Section 5 lets a court admit an appeal or application after the period if the delay is explained, but this does not apply to suits. Section 6 protects minors and persons of unsound mind. Section 12 excludes the days for obtaining certified copies. Sections 18 and 19 extend time on written acknowledgment or part-payment. Time generally runs from when the cause of action arises. These are general periods; check the Act for exceptions.

Execution of decrees

Execution is the process by which the decree-holder gets the fruit of the decree. The law is in Section 36 onward and Order XXI. The decree-holder files an execution petition (E.P.). The court can order:

delivery of the specific property;
attachment and sale of the judgment-debtor's property;
arrest and detention in civil prison (with limits);
appointment of a receiver, or other relief as the nature of the case needs.

Some property cannot be attached, such as wearing apparel, cooking vessels and tools of a craftsman, or agricultural produce for a limited use (Section 60). The executing court cannot go behind the decree; it must carry it out as it stands. The staff must register the E.P., issue the notice, keep the attachment and sale records, and prepare the sale proceeds account.

Exam traps

Judgment is the reasoning; decree is the formal result of the suit.
An order is not a decree. Not every order is appealable.
Plaint is by the plaintiff; written statement is by the defendant.
Res sub judice (Section 10) concerns a pending suit; res judicata (Section 11) concerns a decided matter.
Section 5 of the Limitation Act does not apply to suits.
The decree-holder is the winner; the judgment-debtor is the loser.
Time for filing a written statement is 30 days extendable to 90, not unlimited.
Section 80 notice is for suits against the Government, not private parties.

One-liners

1. The Code of Civil Procedure was enacted in 1908.
2. A suit begins with the presentation of a plaint.
3. Summons are governed by Order V.
4. Written statement: 30 days, extendable up to 90.
5. Issues are framed under Order XIV.
6. Execution is dealt with in Order XXI.
7. The Limitation Act is of 1963.
8. A money suit based on a contract is generally within three years.
9. A suit for immovable property is generally within twelve years.
10. An appeal to the High Court is generally within ninety days.
11. A pauper suit is filed under Order XXXIII.
12. Section 151 preserves the inherent powers of the court.

Practice questions

A civil suit is started by presenting a:
1. Written statement
2. Plaint
3. Warrant
4. Charge sheet
Answer
B. Plaint
A suit begins with a plaint.
The defendant's written reply to the plaint is called the:
1. Execution petition
2. Replication
3. Written statement
4. Decree
Answer
C. Written statement
The defendant answers in a written statement.
The court's order calling the defendant to appear and answer is the:
1. Summons
2. Bail bond
3. Decree
4. Warrant of arrest
Answer
A. Summons
Summons call the defendant to appear.
Service of summons is governed by which Order of the CPC?
1. Order XXXIII
2. Order VII
3. Order XXI
4. Order V
Answer
D. Order V
Order V deals with issue and service of summons.
The usual time to file a written statement after service of summons is:
1. 7 days
2. 30 days
3. 15 days
4. 60 days
Answer
B. 30 days
The rule is 30 days, extendable up to 90 days.
The longest time the court can allow for a written statement from the date of service is:
1. 120 days
2. 45 days
3. 90 days
4. 60 days
Answer
C. 90 days
The outer limit is 90 days from service.
The person in whose favour a decree is passed is the:
1. Defendant
2. Judgment-debtor
3. Decree-holder
4. Surety
Answer
C. Decree-holder
The winner holding the decree is the decree-holder.
The person against whom a decree is passed is the:
1. Judgment-debtor
2. Plaintiff
3. Decree-holder
4. Petitioner
Answer
A. Judgment-debtor
The loser who must obey is the judgment-debtor.
Points in dispute that the court frames before the trial are called:
1. Exhibits
2. Summons
3. Charges
4. Issues
Answer
D. Issues
Issues are framed under Order XIV.
Execution of decrees is mainly governed by:
1. Order IX
2. Order XXI
3. Order V
4. Order XIV
Answer
B. Order XXI
Order XXI deals with execution.
The CPC was enacted in:
1. 1973
2. 1872
3. 1950
4. 1908
Answer
D. 1908
The Code of Civil Procedure is of 1908.
The Limitation Act currently in force is of:
1. 1963
2. 2008
3. 1908
4. 1987
Answer
A. 1963
The Limitation Act, 1963 is in force.
A suit on a contract for money due must generally be filed within:
1. Twelve years
2. One year
3. Three years
4. Six years
Answer
C. Three years
The general period is three years.
A suit for possession of immovable property must generally be filed within:
1. Six years
2. Twelve years
3. Three years
4. Thirty years
Answer
B. Twelve years
The general period is twelve years.
An appeal to the High Court from a decree must generally be filed within:
1. 60 days
2. 30 days
3. 180 days
4. 90 days
Answer
D. 90 days
Appeals to the High Court have a 90-day period.
Section 5 of the Limitation Act allows condonation of delay for:
1. Appeals and applications
2. Only execution
3. Suits
4. Only criminal cases
Answer
A. Appeals and applications
It does not apply to suits.
A matter finally decided cannot be tried again between the same parties. This is the rule of:
1. Res sub judice
2. Locus standi
3. Res judicata
4. Ex parte
Answer
C. Res judicata
Section 11 CPC states res judicata.
Stay of a later suit when an earlier suit on the same issue is pending is under:
1. Section 151
2. Section 10 (res sub judice)
3. Section 80
4. Section 11 (res judicata)
Answer
B. Section 10 (res sub judice)
Section 10 is res sub judice.
Notice before suing the Government is required under:
1. Section 96
2. Section 115
3. Section 80
4. Section 9
Answer
C. Section 80
Section 80 requires notice, with a two-month wait.
The notice period under Section 80 CPC is:
1. Two months
2. One year
3. Six months
4. Two weeks
Answer
A. Two months
Two months must pass after notice.
Settlement outside court through arbitration or mediation is provided for in:
1. Section 148
2. Section 89
3. Section 60
4. Section 9
Answer
B. Section 89
Section 89 allows ADR methods.
A first appeal against a decree lies under:
1. Section 115
2. Section 151
3. Section 100
4. Section 96
Answer
D. Section 96
Section 96 deals with first appeals.
A second appeal to the High Court lies only on:
1. A substantial question of law
2. A question of fact
3. Any order of the staff
4. Court fee dispute
Answer
A. A substantial question of law
Section 100 limits second appeals.
Inherent powers of the civil court are saved by:
1. Section 80
2. Section 151
3. Section 89
4. Section 11
Answer
B. Section 151
Section 151 preserves inherent powers.
A decree passed when the defendant does not appear is an:
1. Consent decree
2. Final decree
3. Ex parte decree
4. Preliminary decree
Answer
C. Ex parte decree
It is passed without hearing the absent defendant.
A decree that decides some rights but leaves further steps such as accounts is:
1. Interim order
2. Ex parte order
3. Final decree
4. Preliminary decree
Answer
D. Preliminary decree
A preliminary decree leaves further proceedings.
Which is NOT a mode of execution of a money decree?
1. Arrest and detention in civil prison
2. Framing of charges
3. Attachment and sale of property
4. Appointment of a receiver
Answer
B. Framing of charges
Framing of charges is a criminal step.
A person who cannot pay the court fee may sue as:
1. A decree-holder
2. A receiver
3. A surety
4. A pauper (indigent person)
Answer
D. A pauper (indigent person)
Order XXXIII allows suits by indigent persons.
Court fee that rises with the value of the claim is called:
1. Ad valorem fee
2. Process fee
3. Fixed fee
4. Copying fee
Answer
A. Ad valorem fee
Ad valorem means by value.
Time spent in obtaining a certified copy of the judgment for appeal is:
1. Added to the cause of action
2. Barred
3. Excluded under Section 12
4. Included in limitation
Answer
C. Excluded under Section 12
Section 12 excludes it.
Which statements are correct? 1. A decree is the formal result of the suit. 2. A judgment contains the reasons for the decision.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. Res sub judice applies to a decided matter. 2. Res judicata applies to a pending suit.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
D. Neither 1 nor 2
The two are reversed.
Which statements are correct? 1. Section 5 of the Limitation Act applies to suits. 2. A time-barred suit must be dismissed even if not pleaded.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
Section 5 does not apply to suits; Section 3 bars them.
Which statements are correct? 1. Summons are served by process servers or by other permitted means. 2. Proof of service must be filed in court.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. A short court fee can be made up within time fixed by the court. 2. Plaint can be rejected if the deficit is not paid.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. The executing court can change the terms of the decree. 2. The executing court must carry out the decree as it stands.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
It cannot go behind the decree.
Which statements are correct? 1. The decree-holder files an execution petition. 2. Wearing apparel of the judgment-debtor is generally exempt from attachment.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. An order is the same as a decree. 2. A defendant can apply to set aside an ex parte decree on showing sufficient cause.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
Orders differ from decrees; statement 2 is correct.
If the plaintiff does not appear on the hearing date, the court may:
1. Dismiss the suit for default
2. Issue a warrant of arrest
3. Pass an ex parte decree for the plaintiff
4. Convict the plaintiff
Answer
A. Dismiss the suit for default
Order IX allows dismissal for default.
The set of facts that gives a person the right to sue is the:
1. Execution
2. Decree
3. Issue
4. Cause of action
Answer
D. Cause of action
That is the cause of action.
A plaint filed in a court without jurisdiction may be:
1. Returned for presentation to the proper court
2. Sent to the police
3. Converted into a charge sheet
4. Executed at once
Answer
A. Returned for presentation to the proper court
The court returns it to be presented in the right court.
A temporary injunction is sought under:
1. Order XIV
2. Order V
3. Order XXI
4. Order XXXIX
Answer
D. Order XXXIX
Order XXXIX deals with temporary injunctions.
Attachment of property before judgment is dealt with in:
1. Order XXXVIII
2. Order VII
3. Order XLVII
4. Order V
Answer
A. Order XXXVIII
Order XXXVIII covers arrest and attachment before judgment.
An application for review is mainly provided for in:
1. Section 80
2. Order V
3. Section 9
4. Section 114 and Order XLVII
Answer
D. Section 114 and Order XLVII
Review is under Section 114 and Order XLVII.
A suit's number on registration is entered as an:
1. Charge Sheet
2. Original Suit (O.S.)
3. Calendar case only
4. First Information Report
Answer
B. Original Suit (O.S.)
Suits are numbered as O.S.

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