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CPC Flow Chart - Page - 1

The CPC flow chart outlines the stages of a civil court case in India. 1) A plaintiff can file a suit in court along with evidence to support their claim. 2) The court will consider the plaint and issue a summons to the defendant. 3) The defendant must then file a written statement in response. 4) Both parties will submit evidence and witness testimony. 5) The court will make a decree to resolve the dispute. 6) The winning party can then seek to enforce the court's judgment.

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0% found this document useful (0 votes)
2K views

CPC Flow Chart - Page - 1

The CPC flow chart outlines the stages of a civil court case in India. 1) A plaintiff can file a suit in court along with evidence to support their claim. 2) The court will consider the plaint and issue a summons to the defendant. 3) The defendant must then file a written statement in response. 4) Both parties will submit evidence and witness testimony. 5) The court will make a decree to resolve the dispute. 6) The winning party can then seek to enforce the court's judgment.

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CPC Flow Chart

NOTE:

1 . The process of the trial of a civil case and its different stages is given in the Code of
Civil Procedure 1908 (CPC).

2. Court may grant time and adjourn hearings, with or without cost (Order XVII CPC).

3. The decree and the orders of the Court can be executed through forcible measures
by Court under Order XXI of CPC, in which the complete process of the execution
has been given.

4. The suit can be withdrawn or compromised at any point of time, under Order XXIII of
CPC.

5. Under Order XXVI, an application may be filed before the Court for appointment of a
Commissioner (akin to Anton Pillar Order), for

i. Examination of Witness;
ii. Local Investigations;
iii. Scientific Investigations;
iv. Performance of a ministerial act;
v. Sale of movable or immovable party;

a. At the cost of the party seeking appointment.

The Local Commissioner, appointed by the Court, is considered to be an officer of


the Court having all powers, which a Court Officer can exercise.

6. Under Order XXXIX of CPC, the Court can pass TEMPORARY INJUNCTION AND
INTERLOCUTORY ORDERS, for

i. Preserving the subject-matter of the suit;


ii. Preventing the Defendant from removing or disposing of his property;
iii. Preventing irreparable loss or injury;
iv. Prevent continuation of breach of any right
Filinr of Ploiot I Clllirn PeHtioo (Sui1t
(wlthiin the period of Umlt<ltion)
Alonf with <~II relevant ~idence (documents) in support of the chtim

1
Consldention or Plaint by the toort & on s<~ttsbc:tion
IUUIItnU: Q( Summons I Uotite or the Suit to the (k:(end~ntb) (Opposite:
P,trl1 {ie;i) ) by the COllt"l

J 1
summon,/ Notke offllinr of t<~~e
I NOr~enred I

I Ocfondoant appo;ars
1 J
nclenctant OO£S At;ks~n<e of sunvnon or servilte of t4otite

I I UOhppear I throofh publl<ation in the newspaper


(Orw;_e publtc.ation is done, f!ervke of
Ocfend~nt has to fife l lUI'IU1'1UOf / r\otice is p. ennued bv the
Court.)
wtittcn statement Suit is proceeded
(reply in delen••l ex-p:utc a
within 30 to 90 days, Defendant does not
:,long with supporting :appo::.r
Defendant appears
documents evidence)

I Submisslon
Plaintiff
of ev1den(e by t he

Plaintiff no file reply to


the wriHen shttemc:nt for
req,ontflne to the
objections/ contentions ol
the Oefencbnt

I
Admission and Oeni:al of
the documents lilcd by
bolh lhe: p-fli~~

I
framing clln:vei: by COIKI
I (Settlement of Dispute Points)

I
l''llins uf t:wi\Jt~un~ by Plc~intill un
Affkfuit, &aomination in thief and cross
~amitlltlifin hu thl!' nJend:int.

SUO'In\Ontnl of other witnesses of the


Pl•iutilf1 f1141111iu•tklu iu ..t.OcC <1111d "vn
e~e.....Mn•tion by the Od'end•nt

t'lllng Of evidence by uetend:ant on


Afl'"l<Rvi1. &•n-oint.tion in <hief •nd cron
e ..., •.:....tlO<'< by •.he rt...:...uu.

~ltmn"WWnin,.nf ll'lth..._. wlil'w><<P< nf th.P


'"""".....,"''""'• .,,.,....,,..,.• ....,.. In 'hl..t .,,..,..
<ron c•osninetion by the 1'1-ofnUff'
' --

Rn<~l AtfUmenu ~ both lhe par-ties,


.surnrm~riring- their respertjve contentions
....... .,....,..,.._<;

enfcM'n:n'lt;rlt ot the
Decree/ .k.lda:nw.n t of thf:
court

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