The Principal purpose of a civil court is to determine the existence of right in favour of plaintiff and liability on part of the defendant. In order to establish his right plaintiff has to set out his grievance by way of plaint. Plaint is a statement of allegation setting out right of the plaintiff by way of facts and its violation by defendant and as such making a request to court to grant relief in the favour of the plaintiff and against the defendant.
On receipt of plaint, the court would allot a number to it and issue summons to defendant. The defendant by way of written statement makes out his version. On a comparative reading of both, if there is any variance court would settle issues for trial and finally on completion of trial, the court soon after hearing the parties pronounces judgment and it is followed by a decree. The party who suffers decree shall oblige the same and in the event of its default, execution proceedings can be initiated. Apart from this main course there are many intermediate and incidental proceedings would run parallel during the pendency of the main suit and they are called as Interlocutory proceedings. In this course we study all those important issues and stages from practical angle with the aid of money suit and injunction suit. Due to paucity of time this course deals only about money suit and permanent injunction suit.
CIVIL SUIT – ADJUDICATORY PROCESS:
| Adjudicatory Process – Civil Suit | CIVIL |
| Method of addressing grievance & rules relating to it | Every suit commences by presentation of plaint. In common law tradition they are numbered as Original suits and whereas in Civil law tradition they are called Original Petitions. Every Plaint must satisfy the rules laid down under OVI and VII of CPC and Chapter I of Civil Rules of Practise. All these rules talk about mode and manner of drafting plaint and contents of plaint. |
| Summons | Chapter VII of Civil Rules of Practise talks about how to serve summons and the contents of summons and the duties of process server in the event of person over whom process to be served. |
| Opportunity to other side | OVIII Written statement talks about the about mode and manner of drafting written statement and its contents. |
| Effort to resolve amicably | In view of S.89 CPC, Since 2002 it is the duty of the court if there exist elements of a settlement which may be acceptable to the parties to refer them to Arbiration or Concilation or Judicial settlement by formulating the terms of settlement. |
| Fixing up disputed question | On receipt of plaint and written statement court will come to material facts and law over which parties at variance as such OXIV mandates framing of issues by Court. Even Rule.106 of the Civil Rules of Practise talks about the same. |
| Evidence & marking of documents | Generally Plaintiff is directed adduce evidence and the mode of recording of evidence and they name through which he is referred is mentioned in R.95 and R.113 and 115 of the Civil rules of Practise. O.18 R.9 of CPC talks about recording of evidence. (Objection w.r.t to production of secondary & unstamped documents) |
| Submitting arguments | Right averred in the plaint and evidence disclosed in support of it coupled with law called as Argument. |
| Decree | The operative portion of judgment |
| Judgment | The grounds on which decree is passed |
| Execution | O21 CPC and Chapter 16 of Civil rules of Practise |
| Filing appeal | Chapter 13 of Civil rules of Practise and S.96 to 112 talks about appeals. |
INTERLOCUTORY PETITION IN A CIVIL SUIT ADJUDICATORY PROCESS:
| IA Process | CIVIL |
| Filing Petition | It is governed by Chapter IV and V of civil rules of practise. |
| Counter | Opposite party has a right to oppose it and it can be followed by an inquiry |
| Order | Disposal of petition |
| Enforcement | S.151 CPC |
WRIT PETITION – ADJUDICATORY PROCESS:
| Writ | WRIT |
| Filing Petition | Writ Petition Notice for admission or admit for notice and asking for counter. It is governed by Writ proceeding rules of each High court and in the absence of any such rule CPC applies. |
| Counter | Filing Counter and matter will be posted for final hearing and as there are no disputed factual questions (generally). |
| Order & Enforcement | Disposal of petition and Contempt of court |
MONEY SUIT –STORY:
Scene-I: Around thirty years back in Shameerpet village there used to be two friends by name Ram and Krish. They had their schooling and Inter together at Shameerpet Village. With the passage of time they became thick friends so much so that there is hardly a moment when they are not together. In fact there is hardly a man unknown of their intimate friendship and concern for each other.
Scene-II: Ram and Krish upon completion of 10+2 wrote NALSAR CET-2003. In the said CET though Ram got seat but krish failed to. Hence, Krish is constrained to undertake and complete his Law Graduation at Mathma Gandhi College, Hyderabad. Soon after completing the law, both of them enrolled as advocates.
Scene-III: As Ram got campus placement, he joined in a Corporate situated at Delhi and started drawing Rs.50,000/-(Rupees Fifty thousand only) per month. Since Krish attempts to get a job yielded no result, having left with no alternative, he started practicing as an advocate at Jr.Civil Judge Court, Medchal.
Scene-IV: Krish journey as a young advocate as unsupported by any sort of background it was very tough. In fact he finds it difficult to get even five thousand per month. As the days rolled off, during the year 2009 a good match came to Krish sister and mantle of responsibility to perform her marriage fell upon Krish.
Scene-V: Since, money is an immediate solution, though krish made an attempt to secure the same, his efforts are unfruitful. As usually for 2009 Diwali festival, Ram came down to Shameerpet and met his friend Krish. Krish reluctantly informed the Ram the pressing financial need. Upon receiving such request, Ram without hesitation decided to lend money to him besides unfolding his philosophy of helping near & dear.
Scene-VI: Accordingly, Ram lent an amount of Rs.1,00,000/-(Rupees one lakh) on 2.10.2009 at Shameerpet by way of hand loan by withdrawing thirty thousand from HDFC and ICIC Accounts and Forty thousand from Indian bank account. At that time Krish executed a demand promissory note for an amount of Rs.1,00,000/-(Rupees one lakh) @ 2% per month interest. The same is scribed by Sarpach who happened to be their school friend.
Scene-VI: With the passage of time Ram needs and responsibilities multiplied but not his income. Further in the month of Jan 2011, the untimely operation which has to be done to mother of Ram necessitated Ram to search for funds.
Scene-VII: At this junction Ram having learnt that due to construction of outer ring road near Shammerpet village, Krish made good money in a land deal, hence, requested Krish to return the amount. Krish though promised to return the same within a day or two, later stopped attending his call. Despite Ram’s best efforts to communicate Krish including through village Sarpanch, it yielded no result.
Scene-VIII: Ram at the request of friends and well wishers constrained to issue legal notice on 11.11.2011 by way of Registered post. In response to it, Krish gave a reply notice disputing all the contentions besides stating that pronote is a forged one and executed without consideration and there is no necessity for him to execute pronote. Having aghast with this kind of response and having learnt that time is running out to make a legal claim, his family and friends insisted to file a money suit. At last, Ram decided to file a suit for one lakh(without interest) on 02.01.2012.