1. What are the different stages of proceeding in a suit ?
The stages of the suit proceedings are as follows:
- Institution of the Suit:
- Plaintiff files the Suit setting his claim by virtue of a Plaint along with supportive documentary proof.
- Court would consider to admit the suit
- Summons Stage:
- Summons would be issued to the defendant (Opposite Party)
- Appearance of defendant:
- If the defendant appears either in-person or through the Counsel, appearance is taken on record and the defendant would be an initial period of 30 days to file the written statement (Defence statement) against the Claim of the Plaintiff, extendable to a maximum period of 90 days
- If the defendant fails to appear post the issuance of Summons, the defendant would be held “Ex-Party” by the Court and the Court would proceed further with the suit and dispose of the suit in the absence of the defendant.
- Filing of Written Statement:
- The defendant is required to file the written statement in defence of the claim of the Plaintiff along with supportive documentary proof. A max period of 90 days is period is provided by the Courts to file the written statement, post which the court would take the written statement as “Not Filed” and proceed with the case.
- Framing of Issues:
- The Court frames issues which are nothing but points for consideration based on the contentions of both parties narrowing the points for determination to be considered by the Court in trial.
- The Plaintiff should provide a list of witnesses that it chooses to examine in support of the case on its behalf. The plaintiff has to then file an Evidence Affidavit and mark documentary evidence produced in the suit.
- The defendant Counsel would then have to cross examine the Plaintiff and witnesses.
- The Defendant should provide a list of witnesses that it chooses to examine in support of the case on its behalf. The defendant has to then file an Evidence Affidavit and mark documentary evidence produced in the said suit
- The plaintiff Counsel would then have to cross examine the defendant and witnesses
- The suit would proceed stage of final arguments where both counsels would argue upon their respective cases based on the documentary and oral testimony let in by both the parties and the principals of law applicable to the case.
- The court would then pass a Final Judgement on the case based on the documentary evidence and Oral testimony in principal of law applicable to the case
2. Are there appealable remedies as against a judgment and decree or order of dismissal in any suit ?
Yes, One can appeal against an order of dismissal of the suit or against a judgement and decree passed by the trial court, to the High Court and from the High Court to the Supreme Court of India.
3. What are the powers of an Appellate Court in an appeal?
The Appellate Court has powers to re-appreciate / reassess the documentary evidence and oral testimony let in before the trial court and apply the correct legal principle applicable to the facts and circumstances of the case rectifying the error caused by the trial court if any.
4. What is the hierarchy of Courts?
The hierarchy of courts are as follows –
- Trial Court / Court of first instance
- High Court / Superior Court of Justice
- Supreme Court / Apex Court
5. What does jurisdiction mean?
Jurisdiction means an authority of the court or any adjudicatory body to try a dispute and adjudicate the same.
6. What do you mean by Territorial and Pecuniary jurisdiction?
- Territorial jurisdiction means an authority of the court or a adjudicatory body to adjudicate a dispute which has risen within the local limits or territorial area where such Court or adjudicatory body is situated.
- Pecuniary jurisdiction means an authority of the court or any adjudicatory body to entertain a dispute of a specified value.
Alternate Dispute Resolutions (ADRs)
1. What is Alternate Dispute Resolution? What are the different types of ADRs?
As the name suggests Alternate Dispute Resolution means an alternative or optional ways or means to resolve a dispute other than by the adjudicatory processes conducted by court to resolve a dispute. There are alternative dispute resolution mechanisms to resolve conflict or dispute namely through arbitration, conciliation, mediation and negotiation, which are alternative mechanisms aiding the dispute resolution process.