Stage 1: 

ORDER 4 R/W ORDER 6 AND 7 OF THE CODE

In this stage, Plaintiff will file the plaint with the appropriate court in complying all such provisions required by the code. Plaint should list out everything including the facts of the case, cause of action, when the cause of action arose, and the prayer.

 

Stage 2:

In this stage, Plaintiff  has to issue summons to the defendants within 30 days from the institution of the suit.

 

Stage 3:

Order 8 Rule 1

Once the summon is received, the defendant will have to file his written statement within 30 days from the receipt of summons.

 

Stage 4:

Order 8 R 1

Further time exceeding 90 days after the date of service of summons will NOT be extended for filing written statement as per proviso to Order 8 Rule 1 of the code.

 

Stage 5:

Within 10 days from the filing of written statement the court will examine the plaintiff and defendants so as to find out if is there any possibility of compromise in between the plaintiff and defendant and the matter will be sent for settlement under section 89 of the code. It is done through the Lok Adalat.

 

Stage 6:

Order 11

If there is no compromise between the plaintiff and defendant and if the issue could not be resolved in Lok Adalat, then the court will take the matter for discovery and inspection  within the time span stipulated as per Order 11 of the code.

 

Stage 7:

Order 12

The matter will be adjourned for admission within 15 days.

 

Stage 8:

Order 13

 

In this stage, the parties need to file the original documents within 7 days. It should be done before framing of issues. You should remember that only copies of documents are filed along with the plaint during the institution of the suit.

 

Stage 9:

Order 14

 

In this stage, the court will frame the issues within 15 days. The court has to frame the issues considering all such contentions as given by the parties.

 

Stage 10:

Order 16

The plaintiffs and defendants have to file list of witnesses within 15 days.

 

Stage 11:

Order 16 R 1(4)

Plaintiff has to send summons to the witnesses for adducing evidence or for production of documents within 5 days from the date of filing of the list of witnesses as per Order 16 R 1(4) of the code.

 

Stage 12:

Order 16

Parties have to decide a date of evidence as per Order 16 of the code.

 

Stage 13:

Order 18 R 4 r/w Order 17

Plaintiff has to file the affidavits affirmed by all his witnesses within 3 adjournments as per Order 18 Rule 4 readwith Order 17 of the code.

 

Stage 14:

Order 18 R 4 (1)

Court has to exhibit all the documents considering their relevance, validity and admissibility with a reasoned order as per provisions of Order 18 Rule 4(1) of the code.

 

Stage 15:

Order 18 R 4 (2) r/w Order 17 R 2 (a)

Cross-examination of the plaintiff and his witnesses by the defendant advocate continuously on each and every day until all the witnesses in attendance have been examined as per the code.

 

Stage 16:

Order 16 R 1 (4)

In this stage, the defendant will have to issue summons to his/her/their witnesses either for adducing evidence or for the production of documents.

 

Stage 17:

Order 18 R 4 r/w Order 17

Defendant has to file the affidavits affirmed and signed by all his witnesses within 3 adjournments.

 

Stage 18:

Order 18 R 4(1)

Court has to exhibit the documents submitted by the Defendants considering their relevance, validity and admissibility with a reasoned order.

 

Stage 19:

Order 18 R 4 (2) r/w Order 17 R 2 (a)

Cross-examination of the defendant and his witnesses by the Plaintiff’s advocate each and every day continuously until all the witnesses in attendance have been examined.

 

Stage 20:

Order 18 R 2 (3A)

Parties have to finish their arguments within 15 days from the date of completion of their evidence.

 

Stage 21:

Order 20 R 1

The court has to deliver judgment on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments.

 

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