DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

2019-20
“Civil Procedure Code”
“Final draft on”
A CRITICAL ANALYSIS OF THE TRIAL PROCESS IN A CIVIL PROCEEDING

Submitted as a part of Project Work undertaken for the partial fulfilment of the B.A. LL.B. (Hons.) 5-Year Integrated
Course of RMLNLU-Lucknow

Submitted to: Submitted by:

Dr. Vipull Vinod Saharsh Chitransh
Assistant Professor Enrollment No- 170101112
Dr. Ram Manohar Lohiya National Law University B.A. LL.B. (Hons.) IV Semester
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DECLARATION

I, Saharsh Chitransh, hereby declare that this project work entitled as, “A Critical Analysis of
the Trial Process in a Civil Proceeding” is an original work. This work is submitted as a part
of project work undertaken for the partial fulfilment of the B.A. L.L.B. (Hons.) 5-year
integrated course of Dr. Ram Manohar Lohiya National Law University, Lucknow, under the
guidance of Dr. Vipull Vinod. And this piece of work has not been submitted anywhere else
for any of the purposes such as, for research paper publication, for seeking diploma or degree
requirement or any of the faculty members.

Saharsh Chitransh
Enrollment No. – 170101112
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ACKNOWLEDGEMENT

I would like to take this opportunity to thank Dr. Vipull Vinod for his invaluable support,
guidance and advice. I would also like to thank my friends who have always been there to
support me and the library staffs for working long hours to facilitate me with required
materials going a long way in quenching my thirst for education. Last but not the least, my
parents, who made me able to be here and complete my work.
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RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of Civil Trial in India through decisions,
statutes, amendments, suggestions and different writings and articles.

Scope and Limitations:

Though this is an immense project and pages can be written over the topic but because of
certain restrictions and limitations I was not able to deal with the topic in great detail.

Sources of Data:
The following secondary sources of data have been used in the project-
1. Articles
2. Books
3. Websites

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research
paper.
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LIST OF ABBREVIATION

 CPC - Civil Procedure Code

 AIR - All India Report
 J&K - Jammu And Kashmir
 SC - Supreme Court
 Cal. - Calcutta
 P&H - Punjab and Haryana
 MP - Madhya Pradesh
 Raj. - Rajasthan
 All. - Allahabad
 Gau - Gauhati
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LIST OF STATUTES

Code of Civil Procedure 1908

LIST OF CASES

 Yashpal Sawhney v M/S Gandotra Traders (AIR 1995 J&K 32)

 P. Unnikrishnan v. Food Inspector, Palghat (AIR 1995 SC 1983)
 Elizabeth Anna Vanqulin & others v. Official Trustee of Bengal (AIR 1950 Cal. 326)
 Mange Ram v. Brij Mohan (AIR 1983 SC 925)
 R.M. Sehadri v. G. Vasantha Pai (AIR 1969 SC 692)
 National Rice & Dal Mills v. Food Corpn of India (AIR 1972 P&H 163 at p.164)
 Dwaraka Prasad v. Rajkumar Bai (AIR 1976 MP 214 at p.215)
 Suresh Nath v. Jorawarmal (AIR 1999 Raj 357)
 Thakur Sukhpal Singh v. Thakur Kalyan Singh (AIR 1963 SC 146 at p.150)
 Salem Advocate Bai Assn v. Union of India (AIR 2003 SC 189)
 Haji Abdul Hafiz v Nasir Khan (AIR 1984 All 16)
 Salem Advocate Bai Assn v. Union of India (II) (AIR 2005 SC 3353)
 Junaram Bora v. Saruchoali Kuchuni (AIR 1976 Gau 3)
 Scott v. Scott (1913 AC 417)
 Naresh Shridhar v. State of Maharashtra (AIR 1967 SC 1 at p.8)
 A.K. Roy v Union of India (AIR 1982SC 710)
 Sheela Barse v. Union of India (AIR 1988 SC 2211)
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TABLE OF CONTENTS

TOPICS PAGE NO.

1. Introduction……………………………………………………………….7
2. Summoning and attendance of witnesses…………………………………8-11
3. Attendance of witnesses in prison………………………………………...11
4. Summon to produce documents……………………………………..........11
5. Adjournments……………………………………………………………..12-14
6. Hearing of Suit……………………………………………………………14-18
7. Conclusion………………………………………………………………...19
8. Bibliography………………………………………………………………20
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INTRODUCTION

After the plaint has been presented by the plaintiff and the written statement by the
defendant in court and the issues have been framed by the court then a stage is reached when
the parties to the suit are in a position to know what facts and what documents should be
proved by them. For this purpose any party to the suit may apply to the court for summons to
persons whom he proposes to call as his witnesses. Sections 30-32 and Orders 16-18 contain
necessary provisions for summoning, attendance and the examination of witnesses. Order 16
provides for summoning and attendance of witnesses. Order 16-A makes special provisions
for attendance of witnesses confined or detained in prisons. Order 17 deals with adjournments
whereas order 18 makes provisions for hearing of suits and examination of witnesses.
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SUMMONING AND ATTENDENCE OF WITNESSES: ORDER 16

According to Section 31 of CPC, summons to witness be given to give evidence or to

produce documents or other material objects as summons given to defendants under sections
27,28 and 29 of the CPC. Summons means to notify to appear in court. Witness is a person
who an oath or solemn affirmation gives evidence in any cause or matter. A witness must
attend in court according to the requirement of his subpoena. 1

List of Witnesses and Summons to Witnesses

Rule 1 of Order 16 of the CPC provides that-

1. On or before such date as the Court may appoint, and not later than 15 days after the
date on which the issues are settled, the parties shall present in court a list of
witnesses whom they propose to call either to give evidence or to produce documents
and obtain summonses to such persons for their attendance in Court.
2. A party desirous of obtaining any summons for the attendance of any person shall file
in Court an application stating therein the purpose for which the witness is proposed
to be summoned.
3. The Court may for reasons to be recorded permit a party to call whether by
summoning through Court or otherwise any witness other than those whose names
appear in the list refer to in sub-rule (1), if such party shows sufficient cause for the
omission to mention the name of such witness in the said list.
4. Subject to the provision of sub-rule (2) summonses refer to in this rule may be
obtained by the parties on an application to the Court or to such officer as may be
appointed by the Court in this behalf within 5 days of presenting the list of witnesses
under sub-rule (1).

Rules 2 to 4 provide for travelling and other expenses and remuneration of witness for his
attendance in court. A witness cannot be ordered to attend in person unless he resides
within the territorial jurisdiction of the Court or within certain limits.

1
C.K.Thakkar, civil procedure, 4th edition:2001, Eastern Book Company, Lucknow, pg no. 473
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In Yashpal Sawhney v. M/s. Gandotra Traders 2 it was held that when the application
presenting a list of witnesses is made, the Court has to apply its mind and restrict the number
of witnesses to an extent which should cater to the requirement of the case and should not
leave the number to the whims and fancies of the party producing the witnesses.

In P.Unnikrishnan v. Food Inspector Palghat3 it was held that where the plaintiff filed list of
witnesses beyond prescribed time stating that he was under a bona fide impression that he
had already filed list along with documents and mistake was discovered when they thought of
proceeding with trial, it was held that trial Court must be considered to have committed
illegality in refusing to receive list of witnesses for summoning witnesses.

In Elizabeth Anna Vanqulin and another v. Official Trustee of Bengal4 it was held that the
Court has no discretion in the matter of an application for summons on witnesses if such
application be made before the day of hearing.

In Mange Ram v. Brij 5 Mohan it was held that when party wants to produce his
witnesses without the assistance of the court he can do so under Rule 1-A and the court has
no jurisdiction to decline to examine such witnesses.

In R.M. Seshadri v. G.Vasantha Pai 6 it was held that court has power to summon any
person as a witness if it thinks that the ends of justice so require or that the case before it
needs that kind of evidence.

Contents of summons

Every summons issued to a witness should contain the following particulars-

1. The time and place at which he is required to attend.

2. The purpose of his attendance i.e. whether his attendance is required for the
purpose of giving evidence or to produce a document or for both the purposes.
3. The document which he is called upon to produce should be described with
reasonable accuracy.

2
AIR 1995 J&K 32
3
AIR 1995 SC 1983
4
AIR 1950 Cal. 326
5
AIR 1983 SC 925
6
AIR 1969 SC 692
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Service of Summons: Rule 8

Every summons to a witness should be served as nearly as may be in the same manner as
a summons to the defendant as contemplated by Order 5. It should give a reasonable time to
witness for preparation and for travelling to the place at which his attendance is required.
Rule 7-A provides for direct service of summons by a party and the procedure for such
service.7

Failure to comply with summons : Rule 10

The Court has power to enforce the attendance of any person to whom a summons has
been issued and for that purpose may8

a) Issue a warrant for his arrest

b) Attach and sell his property
c) Impose a fine upon him not exceeding 5000 rupees and
d) Order him to furnish security for his appearance and in default commit him to the
civil prison.

Rule 10 enumerates consequences for non appearance by a party in spite of service of

summons. It states that where a person to whom a summons has been issued, either to attend
to give evidence or to produce a document and if fails to comply with such summons without
lawful excuse or intentionally avoids service of summons, the Court may issue a
proclamation requiring him to attend to give evidence or to produce a document at a time and
place mentioned therein and a copy of such proclamation should be affixed on the outer door
or other conspicuous part of the house in which he ordinarily resides. The Court may also
issue a warrant for arrest of such person. Where the person appears after the attachment of his
property and satisfies the Court that he did not fail to comply with the summons without
lawful excuse or did not intentionally avoid service and he had no notice of the proclamation,
the Court shall release the property from attachment. If however such person does not appear
or appears but fails to satisfy the Court , the Court may impose upon him a fine not exceeding
500 rupees as it thinks fit, having regard to his condition of life and all the circumstances of
the case and attach and sell the property for recovery of the same.9

7
C.K.Takwani, civil procedure, 6th edition:2011, Eastern Book Company, Lucknow, pg.no.377
8
Ibid
9
Rr. 12&13
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In National Rice & Dal Mills v Food corpn.10 of India it was held that the provisions enact
the machinery for procuring attendance of witnesses. It is the duty of the Court to enforce the
attendance of witnesses summoned by the parties , if necessary by coercive process.

In Dwarka Prasad v Rajkunwar Bai11 it was held that it should not however be forgotten that
a party runs a serious risk by invoking coercive machinery for compelling his witness to
remain present. It is quite likely that on account of such process being issued, he may turn
hostile and may not support the case of the party at whose instance he is called as a witness.

In Suresh Nath v. Jorawarmal12 it was held that court has been empowered to issue summons
to a witness and also to secure compliance with the requisition contained in the summons
either to give evidence or to produce documents.

ATTENDANCE OF WITNESSES IN PRISON: ORDER 16-A

As per Rule 2 of Order 16 A of CPC, where it appears to a Court that the evidence of a
person confined or detained in a prison within the state is material in a suit, the Court can
make an order requiring the officer in charge of the prison to produce that person before the
Court to give evidence. However, if the distance from the prison to the Court-house is more
than 25 km, no such order shall be made unless the Court is satisfied that the examination of
such person on commission will not be adequate.13

SUMMONS TO PRODUCE DOCUMENTS: SECTION 30

The provisions relating to issue of summons to give evidence will apply to summons to
produce documents or other material objects.

ADJOURNMENTS: ORDER 17

General Rule

10
AIR 1972 P&H 163 at p.164
11
AIR 1976 MP 214 at p.215
12
AIR 1999 Raj 357
13
C.K.Takwani, Civil Procedure, 6th edition:2011, Eastern Book Company, Lucknow, pg.no.379
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After the Court starts hearing of a suit, it will be continued till the final disposal of the
suit. As a general rule, when hearing of evidence has once begun such hearing shall be
continued day to day and the adjournment should be granted only for unavoidable reasons.

Discretion of Court

In Thakur Sukhpal Singh v Thakur Kalyan Singh14 it was held that a party to the suit
however may ask for an adjournment of the matter. Normally to grant or refuse adjournment
is at the discretion of the Court. The power to grant adjournment is not subject to any definite
rules, but it should be exercised judicially and reasonably and after considering the facts and
circumstances of each case.

In Salem Advocate Bar Assn v Union of India15 it was held that the provision of
limiting adjournments cannot be held to be ultra vires or unconstitutional.

When adjournment may be granted

An adjournment may be granted by a Court inter alia on the grounds of sickness of a

party, his witness or his advocate , non service of summons, reasonable time for preparation
of case, withdrawal of appearance by a pleader at the last moment etc.

When adjournment may be refused

An adjournment may be refused by a Court inter alia on the grounds of engagement of

an advocate in another Court, unreasonable conduct of a party or his advocate, refusal to
examine or cross examine a witness present in the Court, assurance or undertaking by the
party or his pleader at the previous hearing to proceed with the case at the next hearing, the
case being very old, direction by a superior Court to dispose of the matter expeditiously etc.

Power and duty of Court

In Haji Abdul Hafiz v. Nasir Khan 16 it was held that in allowing or refusing
adjournment, the Court has first to ascertain whether the ground on which adjournment is
sought is factually correct and then to decide whether that ground is sufficient to grant
adjournment.

14
AIR 1963 SC 146 at p.150
15
AIR 2003 SC 189
16
AIR 1984 All 16
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In Maharaja v. Harihar17 it was held that past conduct of a person may well be taken
into account as a circumstance in judging whether what he is now saying is true or false, but
the fact that a party has applied for adjournment of the hearing of a case in the past and the
adjournment was granted on his application could be no ground for refusing an adjournment
if it is again sought on a ground which could reasonably be said to have prevented or disabled
that party from producing his evidence or doing something else which is necessary to be done
for the hearing of the case on that particular day.

On the one hand, the Court should not be too technical in the matter of granting an
adjournment and it should not refuge to grant it if sufficient cause is shown. On the other
hand, the Court should not grant an adjournment if sufficient cause is not shown even on
condition of payment of costs. What is a sufficient cause is a question of fact to be decided in
the facts and circumstances of each case.

Maximum adjournments

Proviso to sub-rule (1) of Order 17, as inserted by the amendment act, 1999 mandates that
maximum three adjournments can be granted by the Court to a party during the hearing of the
suit.18

In Salem Advocate Bar Assn v Union of India(II)19, the Supreme Court held that in
extreme and exceptional circumstances, this strict rule does not apply. The Court also held
that by reading down discretionary power to grant adjournment, the validity of the provision
can be sustained.

Cost of adjournment

17
AIR 1990 All 49
18
C.K.Takwani, Civil Procedure, 6th edition:2011, Eastern Book Company, Lucknow, pg.no.381
19
AIR 2005 SC 3353
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While granting an adjournment the Court shall direct the party seeking an adjournment to pay
costs or higher costs to the opposite party.

In Junaram Bora v Saruchoali Kuchuni 20 it was held that amount to be paid should be
reasonable and commensurate with the costs incurred by the other side. No cost should be
imposed by way of penalty or punishment.

Failure to appear : Rule 2

Rule 2 provides that where parties fail to appear even on the adjourned day the Court may
either proceed to dispose of the suit in one of the modes mentioned in Order 9 or to proceed
with the case even in the absence of the party where evidence or substantial portion thereof of
such party has already been recorded as if such party were present or make such other order
as it thinks fit. The rule confers on the Court discretion and the Court must exercise it.

HEARING OF SUIT: ORDER 18

1. Right to begin

The plaintiff has the right to begin unless the defendant admits the facts alleged by the
plaintiff and contends that either in point of law or on some additional facts alleged by the
defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case
the defendant has the right to begin.

2. Statement and production of evidence

(1) On the day fixed for the hearing of the suit or on any other day to which the hearing
is adjourned, the party having the right to begin shall state his case and produce his
evidence in support of the issues which he is bound to prove.

(2) The other party shall then state his case and produce his evidence (if any) and may
then address the Court generally on the whole case.

(3) The party beginning may then reply generally on the whole case.

(4) Notwithstanding anything contained in this rule, the Court may, for reasons to be
recorded, direct or permit any party to examine any witness at any stage.]

3. Evidence where several issues

20
AIR 1976 Gau 3
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Where there are several issues, the burden of probing some of which lies on the other party,
the party beginning may, at his option, either produce his evidence on those issues or
reserve it by way of answer to the evidence produced by the other party; and, in the latter
case, the party beginning may produce evidence on those issues after the other party has
produced all his evidence, and the other party may then reply specially on the evidence so
produced by the party beginning; but the party beginning will then be entitled to reply
generally on the whole case.

[3A. Party to appear before other witnesses

Where a party himself wishes to appear as a witness, he shall so appear before any other
witness on his behalf has been examined, unless the Court, for reasons to be recorded,
permits him to appear as his own witness at a later stage.]

4. Witnesses to be examined in open Court

The evidence of the witnesses in attendance shall be taken orally in open Court in the
presence and under the personal direction and superintendence of the Judge.

5. How evidence shall be taken in appealable cases

In cases in which an appeal is allowed, the evidence of each witness shall be,-

(a) taken down in the language of the Court,-

(i) in writing by, or in the presence and under the personal direction and
superintendence of, the Judge, or

(ii) from the dictation of the Judge directly on a typewriter; or

(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the
language of the Court in the presence of the Judge.]

6. When deposition to be interpreted

Where the evidence is taken down in language different from that in which it is given, and
the witness does not understand the language in which it is taken down, the evidence as
taken down in writing shall be interpreted to him in the language in which it is given.

7. Evidence under section 138

Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall
be read over and signed and, as occasion may require, interpreted and corrected as if it
wore evidence taken down under that rule.

8. Memorandum when evidence not taken down by Judge

Where the evidence is not taken down in writing by the Judge, [or from his dictation in the
open Court, or recorded mechanically in his presence,] he shall be bound, as the
examination of each witness proceeds, to make a memorandum of the substance of what
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each witness deposes, and such memorandum shall be written and signed by the Judge and
shall form part of the record,

9. When evidence may be taken in English

(1) Where English is not the language of the Court, but all the parties to the suit who
appear in person, and the pleaders of such of the parties as appear by pleaders, do not
object to having such evidence as is given in English, being taken down in English, the
Judge may so take it down or cause it to be taken down.

(2) Where evidence is not given in English but all the parties who appear in person, and
the pleaders of such of the parties as appear by pleaders, do not object to having such
evidence being taken down in English, the Judge may take down, or cause to be taken
down, such evidence in English.]

10. Any particular question and answer way he taken down

The Court may, of its own motion or on the application of any party or his pleader, take
down any particular question and answer, or any objection to any question, if there appears
to be any special reason for so doing.

Trial in open Court: Section 153-B

As a general rule the evidence of witnesses shall be taken orally in open court in the
presence and under the personal direction and superintendence of the judge. In general all
cases brought before the courts whether civil, criminal or others must be heard in open court.
Public trial in open court is undoubtedly essential for the healthy, objective and fair
administration of justice. Trial held subject to public scrutiny and gaze naturally acts as a
check against judicial caprice or vagaries and serves as a powerful instrument for creating
confidence of public in the fairness, objectivity and impartiality of the administration of
justice. Public confidence in the administration of justice is of such great significance that
there can be no two opinions on the broad proposition that in discharging their functions as
judicial tribunals, courts must generally hear causes in the open and must permit public
admission to the courtroom.

In Scott v. Scott 21 Bentham observed that in the darkness of secrecy, sinister interest and evil
in every shape have full swing. Only in proportion as publicity has place can any of the
checks applicable to judicial injustice operate. Where there is no publicity, there is no justice.
21
1913 AC 417
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Publicity is the very soul of justice. It is the keenest spur to exertion and surest of all guards
against improbity. It keeps the judge himself while trying under trial in the sense that the
security of securities is publicity.

Trial in camera

A case may however, occur where the requirement of the administration of justice itself
may make it necessary for the court to hold a trial in camera.

In Naresh Shridhar v State of Maharashtra22 it was held that if the primary function of
the court is to do justice in causes before it then on principle it is difficult to accede to the
proposition that there can be no exception to the rule that all causes must be tried in open
court. If the principle that all trials before courts must be held in public was treated as
inflexible and universal and it is held that it admits of no exceptions whatever cases may arise
where by following the principle justice itself may be defeated.

The overriding consideration which must determine the conduct of proceedings before a
court is fair administration of justice. Indeed the principle that all cases must be tried in
public is really and ultimately based on the view that it is such public trial of cases that assists
the fair and impartial administration of justice. The administration of justice is thus the
primary object of work done in courts and so in A.K. Roy v Union of India23 it was held that if
there is a conflict between the claims of the administration of justice itself and those of public
trial, public trial must yield to the administration of justice.

Right to begin and reply: Rules 1-3

The right to begin follows from the rules of evidence. Sections 101 to 114 of the
Evidence Act, 1872 deal with burden of proof. Section 102 of the act provides that the burden
of proof lies on that party who would fail if no evidence at all were given on either side.
Accordingly as general rule the plaintiff has to prove his claim and thus he has right to begin
unless the defendant admits the facts alleged by the plaintiff and contends that either on point
of law or on some additional facts alleged by him, the plaintiff is not entitled to any relief.

22
AIR 1967 SC 1 at p.8
23
AIR 1982SC 710
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The party having the right to begin shall state his case and produce his evidence in
support of the issues which he is bound to prove. The other party shall then state his case and
produce his evidence, if any and then may address the court generally on the whole case. The
party beginning may then reply generally on the whole case.

Where there are several issues the burden of proving some of which lies on the other
party, the party beginning may be at his option either produce his evidence generally on those
issues or reserve it by way of answer to the evidence produced by the other party. But in
Sheela Barse v Union of India24 it was held that if the plaintiff’s counsel is absent at the time
of hearing or arrives late and in the meantime the counsel for the defendant starts his
arguments, the counsel for the plaintiff has no right of interruption.

Recording of evidence: Rules 4-13

i. General
Radical changes have been made by the Code of Civil Procedure (Amendment) Act,
2002 in relation to recording of oral evidence of witnesses. Before the amendment
such evidence could be recorded in open court in the presence and under the personal
direction and superintendence of the judge. A lot time of the court was consumed in
that process which was the main cause of delay in disposal of cases.
Under the new provision oral evidence can now be recorded by the Court
Commissioner. He may also records remarks respecting demeanour of witnesses. The
report of the Commissioner shall be submitted to the court which shall form part of
the record of the suit.

ii. Appealable cases

In appealable cases the evidence of each witness shall be taken down by the judge in
the language of the court or in English if the parties or their pleaders do not object. It
should be in the form of a narrative and shall be read over to the witness interpreted to
him and signed by the judge. The court may-
a) For any special reason take down any particular question and answer or any objection
to any question.

24
AIR 1988 SC 2211
 P a g e | 21

b) Record such remarks as it thinks material respecting the demeanour of any witness.
c) Recall any witness at any stage of the suit who has been examined and put such
questions as it thinks fit.
d) Permit any party to the suit to produce the evidence which was not within his
knowledge or could not be produced by him despite due diligence or
e) Make local inspection and make a memorandum of any relevant facts observed at
such inspection.

iii. Non-appealable cases

In non-appealable cases the judge shall make or dictate directly on a typewriter or
cause to be mechanically recorded, a memorandum of the substance of the deposition
of witnesses.

iv. Examination de bene esse: Rule 16

Generally, witnesses are examined at the hearing of the suit. Rule 16 however
provides for examination of a witness before the hearing when he is about to leave the
jurisdiction of the court or other sufficient cause is shown to the satisfaction of the
court why his evidence should be taken immediately. This is called de bene esse
examination and it is permitted to do justice between the parties. A witness may be
examined on commission in certain circumstances.

v. Evidence recorded by another judge: Rule 15

Where a judge is prevented by death, transfer or other cause from conducting the trial
of a suit his successor may deal with the evidence recorded by him and proceed with
the suit from the stage at which it was left.

Oral arguments: Rule-2 (3-A, 3-D)

A court may permit a party or his pleader to argue a case orally. For such oral
arguments it is open to the court to fix time limits as it thinks fit.
 P a g e | 22

Written arguments: Rule-2 (3-A, 3-B, 3-C)

A court may allow a party or his pleader to submit written arguments in support of his
case. Such written arguments shall form part of the record. A copy of such written arguments
should be supplied to the other side. Normally, no adjournment should be granted for
submitting written arguments.
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CONCLUSION

In law, a trial is a coming together of parties to a dispute, to present information (in the
form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or
disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, or
other designated trier of fact, aims to achieve a resolution to their dispute.

Civil trials, much like criminal trials, follow a rigid process of events when attempting
to reach a verdict. A civil lawsuit procedure consists of the rules by which courts carry out
civil trials. Following the pre-trial discovery period, and a continued inability of parties to
reach a resolution outside the courts, plaintiff and defendants will present their contentions
before a judge in a civil trial. If someone is entering a civil trial, it is important to
understand what is a civil court case, and the process to go.
 P a g e | 24

BIBLIOGRAPHY

Books Referred
1. Saha A.N., Code of Civil Procedure, 1908 4th Edition: 1989, Eastern Law House,Calcutta.

2. Thakkar C.K., Civil Procedure 4thEdition:2001, Eastern Book Company,Lucknow.

3. Chitaley D.V., The Code of Civil Procedure Vol IV 8thEdition:1987,All India Reporter
Limited,Bombay

4. Mulla, Code of Civil Procedure Vol II 13th Edition: 1990, N.M. Tripathi Pvt. Ltd.,Bombay.

5.Nandy S., The Code of Civil Procedure, 1908, 3rd Edition:1997 Kamal Law
House,Calcutta.

6. Mulla D.F., The Code of Civil Procedure, 12th Edition: 1990 N.M.Tripathi, Bombay.

7. Sarkar S.C, Civil Court Practice and Procedure Manual, 10th Edition: 1997 Wadhwa and
Company, Nagpur.

8. Manohar V.R. and Chitaley W.W, The Code of Civil Procedure, VoL 1, 9thEdition:1977
All India Reporter Limited, Bombay.

9. Justice Thakker C.K, Civil Procedure, 5th Edition: 2003 Eastern Book Company, Lucknow.

10. Takwani C.K,Civil Procedure,6th Edition:2011,Eastern Book Company, Lucknow.

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Websites Referred
1.http://vlex.in/vid/arjun-singh-vs-mohindra-kumar-ors-29694951
2.http://www.legalserviceindia.com/articles/rju.htm
3.http://en.wikipedia.org/wiki/Res_judicata
4.http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER_II
5.http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1102910#
6.http://www.utcle.org/eLibrary/preview.php?asset_file_id=12359
7..http://www.absoluteastronomy.com/topics/Res_judicata#encyclopedia
8. http://www.wisegeek.com/what-is-res-judicata.htm