In India, the civil procedure system is governed by the Code of Civil Procedure (CPC), which lays down the rules and procedures for the conduct of civil cases in the country’s courts. The CPC applies to all civil court cases, except those that are specifically excluded by other laws.
The civil procedure system in India starts with the filing of a plaint, which is a written statement of the plaintiff’s claim against the defendant. The plant must be accompanied by a fee and, in some cases, a security deposit. After the plaint is filed, the defendant must file a written statement of defense, known as a written statement.
The next step is the framing of issues, which is the process of determining the points of dispute between the parties. Once the issues are framed, the court will hear evidence from both sides and make a decision based on the evidence presented.
How the Civil procedure System works in India
The civil procedure system in India also includes the following stages:
- Summoning and Appearance of Parties
- Examination of Witnesses
- Production and Inspection of Documents
- Interrogatories, Commission, and Admissions
- Judgment and Decree
- Execution of Decree.
Appeals can be filed against the judgment of the lower court in a higher court. The Indian civil procedure system also provides for the possibility of alternative dispute resolution through arbitration or mediation.
It’s worth noting that the Indian civil procedure system is vast and complex and the process can be time-consuming.