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A person becomes a defendant at the commencement of legal action and a person becomes a respondent when the losing party initiates case appeals against the decision of the lower court. When we talk about Appellant and Petitioner, appellant is that person or litigant that makes an appeal in the court whereas petitioner is someone who presents a petition to a court.
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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.
- Issue and Service of Summons on Defendant
- Appearance of The Parties
- Ex-Party Decree
- Filing of The Written Statement by The Defendant
- Production of Documents by The Parties
- Examination of Parties
- Framing of Issues by The Court
- Summoning and Attendance of The Witnesses
- Hearing of Suits and Examination of Witnesses
- Argument
The second stage is the issue and service of summons on the defendant. Once the suit is registered, summons is sent by the court to call the person on a specific date whose name is written in the plaint. Through this, the defendant is notified that a civil proceeding has commenced against him and he is required to present his defence in the court. ...
After the summons is served to the defendant, the next stage is commenced with the appearance of the parties before the court on a specific date mentioned. The defendant is required to appear in front of the court, either personally or by a representative. If the defendant fails to appear on the specified date, the court may proceed ex parte. If th...
Whenever a defendant fails to appear in front of the court on the specified date, the court may proceed ex-parte. A decree against the defendant in his absence can be passed under the following circumstances: 1. Where any party from whom a written statement is required fails to present it within the mentioned time by the court. 2. Where the defenda...
The defendant is required to file a written statement of his defence within thirty to ninety days, as allowed by the court. A written statement is a reply statement of the defendant denying all the allegations that are made against him by the plaintiff in the plaint. The defendant can also make counter claims in the written statement. In case the d...
After the written statement is filed by the defendant, the next stage of the suit is the production of documents. Both the plaintiff and defendant are required to file the documents that are in their possession. However, if the document that the party is relying upon, is not in their possession then they can apply to the court for the issue of summ...
This is an important stage after appearance. During the first hearing of the suit the court will ask each party whether they agree to or denies the allegations that are made in the plaint and the written statement. The questions can be asked orally by the judge. Such agreements or denials are recorded by the judge in writing. The provisions of this...
The stage following the examination of parties is the framing of issues. This step is exclusively dealt by the judge. Issues arise when a party denies the allegations of the other party. Each allegation becomes an issue and judgment is delivered individually on the issues. If the defendant does not make any defence during the first hearing, then no...
After the issues are framed, the parties shall present the list of witnesses, to the court, whom they propose to call either to provide evidence or to produce documents. This list should be presented on the date appointed by the court and not later than fifteen days. The provisions of the same is mentioned in Order 16 of the CPC.
On the date fixed for hearing of the suit, the party having the right to begin should start with stating his case and producing the evidences to support the issue that he is bound to prove. The other party will then continue by stating his cases and produce evidences. The plaintiff is required to submit the evidence that were mentioned earlier. The...
After examination of the witness is complete, the suit is kept for argument. In this stage, both the parties present a summary of the case and evidence in support of the issues in front of the judge in the final session.
Aug 16, 2018 · File 2 copies of plaint for each defendant in the court. Of the 2 copies filed for each defendant, one copy shall be sent by Speed post/Courier/Regd. A.D. and the other copy shall be sent by Ordinary Post. Such filing should be done within a period of seven days from the date of order/notice.
Dec 19, 2023 · Deciding if someone is a defendant often comes down to what a judge decides. In criminal cases, the person becomes a defendant when charges are brought to court and the legal process starts. In civil cases, the court recognizes the defendant when the person suing, called the plaintiff, files the lawsuit.
Jul 25, 2019 · As such, relief cannot be claimed without joining the other affected parties as a plaintiff or defendant (as the case may be). The object underlying this provision i.e Order 1 Rule 10 of the CPC, is to save honest litigants, believing bonafide in the maintainability of their claims, being thrown out on a mere technical ground that the required person(s) were not impleaded in the suit.
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Mar 14, 2021 · It is Order I Rule 10 of the Code of Civil Procedure, 1908 which deals with the addition of parties in a civil suit. Sometimes the party on whose instructions a civil suit is filed or even the counsel who filed a suit are not aware of all the affected parties. In such a scenario all the affected parties are not impleaded at the outset of the case.
