Trial & Rules Regarding Examination in Chief/Cross

Synopsis1. Introduction2. Pre-trial Stage2.1. Cause of action2.2. Appointment of pleader and client interviewing:2.3. Marshaling of facts2.4. Institution of suit or filing of a plaint or presentation of the plaint2.5. Issuance of summon and service to defendant/issue of process2.6. Service Return2.7. Filing written statement2.8. Alternative Dispute Resolution2.9. Framing of Issues2.10. Steps under section 30 of CPC3. Trial Stage3.1. Opening Statement3.2. Examination in chief3.3. Leading questions3.4. Cross examination3.5. Re-examination and further cross3.6. Order of examinations3.7. Arguments4. Post Trial Stage4.1. Judgment4.2. Execution4.3. Appeal4.4. Review4.5. Revision5. Nomenclature of the witnesses6. Nomenclature of the documents admitted as an evidence

1. IntroductionThe civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant.

The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:a) Pre-trial stageb) Trial stagec) Post Trial stage

Pre-trial StageThe pre-trial stage of suit can be discussed under the following heads:1. Cause of action2. Appointment of pleader and client interviewing3. Marshaling of facts4. Institution of suit or filing of a plaint5. Issuance of summons and service to defendant/issue of processes6. Return of service/appearance of the defendant7. Submission of written objection.8. Alternative dispute Resolution (AD)9. Framing of Issues10. Step under section 30 of C.P.C.11. Settling Date for peremptory hearing (SD)

Trial stageThe trial stage of suit can be discussed under the following heads:1. Peremptory Hearing (PH)

a. Opening the caseb. Examination in chiefc. Cross examinationd. Re-examination

2. Argument

Post-trial stage1. Judgment and Decree2. Appeal/Review/Revision3. Decree execution.

2. Pre-trial StagePre-trial stage of the suit is the initial stage of a case.2.1. Cause of action

Cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court.1 However after arising cause of action, the victim will make him prepare to go to civil court for filing a plaint. Unless, the victim has any specific cause of action, he cannot file any suit in a civil court. A plaint shall be rejected where it does not disclose any cause of action.2

2.2. Appointment of pleader and client interviewingThe person who is intending to file a suit, he will appoint a pleader for defending his suit more logically. After having the suit a lawyer must take interview of client. Interview means mutual meeting of two persons, client interviewing means a meeting between a lawyer and a client. The object of interview is to know the fact or to get the fact. Facts mainly are of two kinds-a) Oral andb) DocumentaryA lawyer’s first question to be asked, what is his problem and why has he come? During interviewing the client cause of action of the problem must be kept in mind and the particulars of the person responsible for the cause of action.

2.3. Marshaling of factsMarshaling of facts means arranging the fact in order to or arranging the facts serially, systematically or chronologically as facts happened. Before drafting a plaint or written statement or giving legal notice or reply to a legal notice the following Acts shall have to be seen:i) The Limitation Act, 1908ii) The Suits Valuation Act, 1877iii) The Courts Fees Act, 1870iv) The Code of Civil Procedure, 1908v) The Civil Court Act, 1887vi) Any other Relevant Laws

Example(i) Facts have to be arranged with regard to land dispute in the following mannera) Name of the parties.

1 State of Madras Vs. C.P. Agencies. AIR 1960 SC 1309; A.K. Gupta & Sons Ltd. Vs. Damodar Vallery Corpn AIR 1967 (SC) 96, Ganesh Trading Co. Vs. Moji Ram (1978) 2 SCC 91; AIR 1978 (SC) 484. A.B.C. Laminart (p) Ltd. Vs. A.P. Agencies, (1989) 2 SCC 163; Bloom Dekor Ltd. Vs. Subhash Himattas Descai, (1994) 6 SCC 322, p-328, Alchemist Ltd Vs. State Bank of Sikkim, (2007) 11 SCC 335; AIR 2007 SC 1812; Laxman Prasad Vs. Prodigy Electornics Ltd. (2008) 1 SCC 618.2 Or. 7, R-11 of the CPC, 1908

b) Description of the property with reference to mauja, khatian, plot no., area, and chowhordi.c) Story of devolution of title.d) Story about possession with reference to khatian and rent receipt.e) In case of dispossession the date of dispossession and manner of dispossession.f) Causes of action.g) Valuation and jurisdiction of the court.

(ii) Dismissal from servicea) Name of the party.b) Nature of service.c) Date of appointment and Letter of appointment.d) Date of Joining.e) Date of confirmation.f) Date of promotion.g) Date of dismissal and letterh) cause of action

(iii) Agreement of property(a) Name of the parties(b) Description of the property(c) Price fixed(d) Paid price(e) Term of Payment of due(f) Registration of the deed (g) Time of giving possession.

(iv) Agreement to Tenant(a) Parties of the rent.(b) period of tenant.(c) Rent.(d) How to pay.

2.4. Institution of suit or filing of a plaint or presentation of the plaintSection 26, rules 1 to 7 of Order-2, Order 6 and 7 of CPC, chapter 1 and 2 of CRO, Vol-1 and chapter-1 of Manual of practical instructions for the conduct of civil suits (The civil suit instruction Manual) deals with the presentation of the plaint.

However, Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.3

A proceeding that does not commence with a plaint is not a suit.4 Every plaint shall be presented to the court of ordinary original jurisdiction, such as having pecuniary5, territorial6, and subjective jurisdiction.7 Plaint is a pleading of the plaintiff. When a case is initiated by presenting a plaint, it is called suit but if it is initiated by filing an application, it is normally registered as miscellaneous case or is mise case.A plaint relating to suit for khas possession shall be filed under section 9 of Specific Relief Act, 1877 within 6 months from the date disposed of, suit for declaration and restitution of immovable property shall be filed under section 8 and 42 of the Specific Relief Act, suit or amendment or rectification of deed is to be filed under section 31 of Specific Relief Act, 1877, suit for cancellation of deed to be filed under section 39 of Specific Relief Act, 1877, suit for permanent or perpetual injunction is to be filed under section 54 of the Specific Relief Act, and suit for mandatory injunction is to be filed under section 55 of the Specific Relief Act, 1877.Every suit shall be registered in the registry book of the concerning court to be known as register of civil suits.8 The court officer (sherestader) after examining the documents shall endorse his signature and puts a serial number with date according to the order in every year. The plaint should be accompanied with vakalatnama, court fees, process fees, other wanting documents along with firisti form.The Sheristadar on the fixed date send the case record to the Peskar. The Peshkar places the case record on the fixed date before the judge in the court.9

[Return of plaint (R. 10, Or-7 and Rejection of Plaint (R. 11, Or-7) discussed under the chapter of plaint.]

For More Study The next step is the examination of the plaint in order to determine whether it should be (a) admitted ; or(b) rejected (Order VII, rule 11); or(c) returned for presentation to the proper Court. ( Order Vii, rule 10); (d) returned for amendment on the ground that it is not framed as required by law. This examination should be particularly directed to ascertaining3 S. 26, Or. 4, R.4 of the CPC, 19084 D F Mulla, The Code of Civil Procedure, 13th Edition, Butterworths, 2000, P.915 S. 6 of the CPC, 19086 S. 15 of the CPC, 19087 S. 16 of the CPC, 19088 R-2, Or. IV of the CPC, 19089 Dr. Rafiqul Islam Mehedi, Civil Litigation in Bangladesh, 1st Edition, Saquib Mohammad Sadman, 2009, Pg.74.

(i) Whether the forms provided in Appendix 'A' of the Code are followed as far as is reasonably possible (Order VI, rule 3);(ii) Whether names and addresses of parties are properly described in title;(iii) Whether the plaint is properly signed (Order VI, rule 14);(iv) Whether it is duly verified (Order VI, rule 15);(v) Whether it complies with the requirements of Order VII, rules 2, 4 and 6;(viii) Whether the provisions of Order II, rules 4 and 5 are infringed ;(ix) Whether the necessary court fee stamps or the necessary postal charges for the service of the summons on the defendant have been affixed to it;(x) Whether the document or documents on which the plaintiff sues or the documents in his possession or powers are produced along with the plaint; and with a proper list thereof ;(xii) Whether the grounds disclosing how the suit claim is within limitation are pleaded properly;(xiii) Whether it is indicated how the Court has jurisdiction;(xiv) Whether the provisions of rules 2 and 4 , Order III as to the production of a power of attorney and Vakalatanama with the plaint are complied with or not;

2.5. Issuance of summon and service to defendant/issue of processChapter-3 of Civil Rules and Orders vol-1, Chapter-2 of the Civil Suit Instructions Manual, sections 27 and 29 and rule 1 to 30, Order 5 of CPC deals with the issue of processes. Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner

Vakalatnama

1." Vakalatnama", is a document, by which the party filing the case authorises the Advocate to represent on their behalf?2.On General Terms, a Vakalatnama may contain the falling terms:

i. The client will not hold the Advocate responsible for any decision.

ii. The client shall bear all the costs and/expenses incurred during the proceedings.

iii. The advocate shall have right to retain the documents, unless complete fees are paid.

iv. The client is free to disengage the Advocate at any stage of the Proceedings.

v. The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.

prescribed.10 When a suit has been duly instituted a summons shall be issued by the officer of the Court appointed in this behalf to the Defendant.11

No such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff’s claim.12 But issue a summon is the requirement of natural justice.

2.6. Service ReturnIf the summon is served duly served, then the suit shall be proceed. The defendant to appear on day fixed in summons for his defence.The consequence of non-appearance of parties, the court may either dismiss the suit or proceed ex parte.13

2.7. Filing written statementOrder 6 and 8 of CPC deals the written statement. Written statement is the statement filed by the defendant in answer to plaint and constitutes his defence in the suit.14 It is obligatory for the defendant to file a written statement.15 The defendant shall present a written statement of his defence.16

2.8. Alternative Dispute ResolutionSections 89A, 89B and 89C, Rule-3, Order-23 deals with the alternative dispute resolution. Except in a suit under the Artha Rin Adalat Ain, 2003, After filing of written statement, if all the contesting parties are in attendance in the Court in person or by their respective pleaders, the Court shall, by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit, or refer the dispute or disputes in the suit to the engaged pleaders of the parties, or to the party or parties, where no pleader or pleaders have been engaged, or to a mediator from the panel as may be prepared by the District Judge under sub-section (10)17, for undertaking efforts for settlement through mediation.18 If the mediation fails to produce any 10 S.27 of the CPC, 190811 R.1, Or. 5 of the CPC, 190812 Proviso of R-1(1) Or. 5 of the CPC, 190813 Rr-3, 6, 8, Or-9 of the CPC, 190814 G. Vs. Suray 22 DLR (WP) 33115 Adamjee Vs. Chairman, 39 DLR 11; 7 BLD 6716 R-1(1), Sub-rule (1) was substituted by section 7 of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).17 For the purposes of this section, the District Judge shall, in consultation with the President of the District Bar Association, prepare a panel of mediators (to be updated from time to time) consisting of pleaders, retired judges, persons known to be trained in the art of dispute resolution, and such other person or persons, except persons holding office of profit in the service of the Republic, as may be deemed appropriate for the purpose, and shall inform all the Civil Courts under his administrative jurisdiction about the panel: Provided that, a mediator under this sub-section, shall not act as a mediator between the parties, if he had ever been engaged by either of the parties as a pleader in any suit in any Court.18 S. 89A(1) of the CPC, 1908

compromise, the Court shall, subject to the provision of sub-section (9)19, proceed with hearing of the suit from the stage at which the suit stood.20

If the mediation mechanism is successful, then no appeal or revission lie21 but if there is found fraud, appeal or revision lie."Mediation" under section 89A shall mean flexible, informal, non-binding, confidential, non-adversarial and consensual dispute resolution process in which the mediator shall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise.22

"Compromise" under section 89A shall include also compromise in part of the disputes in the suit.23

But section 89A shall not be deemed to otherwise limit the option of the parties regarding withdrawal, adjustment and compromise of the suit under Order XXIII of the Code.24

2.9. Framing of IssuesIssues arise when a material proposition of fact or law is affirmed by the one party and denied by the other party.25 Issues are framed for a right decision of the case so as to pinpoint the real and substantial points of difference between the contesting parties.26 Issues are of two kinds-27

(i) issues of fact; and(ii) issues of law. There also may be mixed issues of law and fact.28 To narrow down the dispute between parties, the court may take evidence of facts in issue and relevant of facts.Evidence Act enacts that no fact need to be proved at the hearing which a party has admitted by his pleading, unless the court requires proof thereof.29. Admission on pleadings may be either actual or constructive.30

19 When a mediation initiative led by the Court itself fails to resolve the dispute or disputes in the suit, the same court shall not hear the suit, if the Court continues to be presided by the same judge who led the mediation initiative; and in that instance, the suit shall be heard by another court of competent jurisdiction.20 S. 89A(7) of the CPC, 190821 S. 89A(12) of the CPC, 190822 Explanation-(1) of S. 89A(12) of the CPC, 190823 Explanation-(2) of S. 89A(12) of the CPC, 190824 S. 89A(13) of the CPC, 190825 R-1(1), Or-14 of the CPC, 190826 J. M. Gholam Rabbani, DLR, 1st Edition, Esrarul Huq Chowdhury, 2008, p. 329.27 R-1(4), Or-14 of the CPC, 190828 J. M. Gholam Rabbani, DLR, 1st Edition, Esrarul Huq Chowdhury, 2008, p. 32929 S. 58 of Evidence Act, 187230 Rr. 3, 4, 5, Order 8 of the CPC, 1908

The framing of proper issues is the duty not only of the trial court, but also of the counsel appearing for the party.31 Failure to frame a particular issue or issues would not affect the court’s decision if the points involved in the suit are substantially covered by the evidence adduced and duly considered by the court.32 If proper issues are not framed, it will be a ground for retrial on remand, but if the parties have not been prejudiced, if will be mere irregularity and remand will be unnecessary.33 Issue must be framed by the presiding Judge himself after reading plaint and written statement and after such examination of the parties as may appear necessary.34

2.10. Steps under section 30 of CPCThe relevant provisions regarding this stage are:Section 30 = power to order discoveryOrder 11 = Discovery and inspectionOrder 12 = AdmissionsOrder -13 = Production, impounding and return of documents.Order-26 = Commissions. Order-39, Rule-7 = Preservation, inspection of subject matter of suit.Generally the steps under section 30 means question and answer, evidence taking, document production, discovery and inspection of fact, discovery by interrogatories, discovery by affidavit, of examine discovery of documents by inspection, proof of facts by affidavit, admission of documents in the and facts, impounding and return of documents etc. Then the court will fix the date or settling the date for peremptory hearing.

3. Trial StageUnder this stage both the party shall get the opportunities to argue in fabour of their suit.It is the most significant stage to decide the suit. Trial means final hearing of the matter taking evidence and hearing arguments.35

3.1. Opening StatementThe plaintiff will state the nature of the suit, issues of the suit, fact in issues and how to prove the suit by producing evidences.

3.2. Examination in chief

31 Meher Vs. Moula 3 DLR 224.32 Hachina Vs. Mahfuza 16 BLD 374.33 Daulat Vs. Mosharraf, 3 BLC 43.34 R. 132, Ch. 8, CRO35 Sujon Vai Vs. Motiram, AIR, 1980 Bom. 188

The examination of a witness by the party who calls him shall be called his examination-in-chief.36 The aim is to elicit from the witness a complete, orderly story, told by the witness in his own natural way, with the minimum of prompting the story should be-(i) complete in detail.(ii) Necessary for the proof of the case or.There are six manners to put or ask question to the witness, as follows: 1. Who2. What3. Where4. When5. Why6. HowIt is not proper to arrange a coaching for the witness but to witness to be encouraged. Plaint should be read out properly so that witness can mean the plaint. Witness will not be taught a lie. There are following rules of examination in chief:1.No-leading question.2.Get all the evidence from the witnesses that you need to be succeed. 3.Questions to be asked in chronological order.4. Control the witness.5. Narrate your case through the mouth of witness.6. Do not say what happens next.7. Tender + Exhibits + Maps8. Watch the witness and listen to answer.9. Clarify a statement, if not already the clear, by asking further questions.The purposes of examination in chief to adduce the evidence required to be the court for a successful outcome, to tender exhibits through witnesses.If a witness proves to be hostile to the party who called him, the court may give leave to that party to treat him a hostile, i.e., to cross examine him.37

Sample exampleThe plaintiff’s examination in chief follows:Q: What happened the evening of 19 April?A: I was attacked.Q: I’d now like to now focus on the description of the person who attacked you. How tall was your attacker?

36 Section 137 of the Evidence Act 187237 S. 154 of the Evidence Act 1872

3.3. Leading questionsAny question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.38 Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.39

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.40

3.4. Cross examinationIt is the “greatest legal engine ever invented or discovery of truth.41 The examination of a witness by the adverse party shall be called his cross-examination.42 A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.43 When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—

(1) to test his veracity,(2) to discover who he is and what is his position in life, or(3) to shake his credit, by injuring his character, although the answer to such

questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture.44

It is to be noted that a person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness.45

There are ten golden rules for cross examination, as follows:1. Be brief as you can, (small is beauty).2. Stop when you get what you want.

38 S. 141 of the Evidence Act 187239 S. 142 of the Evidence Act 187240 Ibid41 Abdul Haid Vs. Karam Dad, PLD 1966 Lah. 1642 Section 137 of the Evidence Act 187243 Section 145 of the Evidence Act 187244 Section 146 of the Evidence Act 187245 Section 139 of the Evidence Act 1872

3. Use leading question.4. Never Jump back in alarm.5. Keep your disment in secret.6. Do no ask question to which you do not know the answer.7. Never asks ‘why’ and ‘how’ in cross examination.8. Never get into an argument with the witness.9. Cross on previous statement.10. Examine confidently.

Sample exampleThe defendant’s cross-examination follows:Q: Mr. Mifta, I’ll try not to take too long. On the day of theaccident, you were looking out your window at about 7:15 p.m,right.?A: Yes, when the accident happened.Q: And you kept watching immediately after the accident?A: Yes.Q: You saw the driver get out of his car?A: Yes.Q: Did you get a good look at him?A: Yes.Q: You’re sure it was my client, Mr. Mehedi?A: Oh, yes.

3.5. Re-examination and further crossThe examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.46 Even the Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as th Court thinks fit.47

If any vital thing is not covered by examination in chief then petition is given for recall of that witness. If any party arranges for re-examination in chief it becomes an automatic right of the opposite party to re cross it. The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the court, introduced in re-examination, the adverse party may further cross-examine upon that matter.48

46 Section 137 of the Evidence Act 187247 R. 17, Or. 18 of the CPC, 190848 Section 137 of the Evidence Act 1872

3.6. Order of examinationsWitnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.49

The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.50

3.7. ArgumentsThe relevant provisions are provided in chapter 28 of the Civil Suit Instructions Manual. The court fixes a date for argument upon the evidences given by parties. Arguments starts with theme of the case. Lawyer will state briefly his case, analyses facts and statements made by the witnesses and show how they are relevant and prove his case through argument. It will be wise to cite relevant laws, case laws and explain how they support the facts. Finally plaintiff will pray for relief. It has to remember that argument should be started with positive point (important point) and finished on a strong point.The format of an argument may be-

(i) Facts (ii) Evidence (iii) Law (iv) Decision.

Before argument home work has to be done in the chamber in the following ways:i) To marhsal the fact of the pleading, i.e. plaint or written statement.ii) To go through the evidence both oral end documentary.iii) To see the relevant law both statute and judge made law.iv) To decide the points to be argued.v) Argument must be advanced, point wise that is one by one.

How to start submission of arguments before courtPlaintiff will start his arguments in the following ways,Your honourThis is a Title Suit. I am for the plaintiff. The fact of the suit is very simple and crystal clear. The plaintiff inherited the suit property from is father. While enjoying the property by the plaintiff the defendant claimed the ownership of it.Your honourThe plaintiff is enjoying the suit property since last six years uninterruptedly after the death of his father. He muted his name and paying all taxes, charges and others in time. He is also in the possession of that land. But recently the 49 Ibid50 Ibid

defendant of this suit claimed the ownership of the land as him. He also claimed that the defendant has purchased the suit land from the pliantiff's father which is false and baseless.Your honourThe plaintiff has proved the suit in favour of him through the evidence of the witnesses, , title deeds, documents, papers and others.Your honourAt the time of trial the witnesses were examined. PWI said..................PW2 said................. PW3 said................. PW4 said....................Your Honour DWI said...... DW2 said......... DW3 said.......DW4 said ....... The statements made by all the DWs are baseless, false and vexatious.Your honourIn 32 DLR it is said that ........ In 45 DLR it is said that ......... In 55 DLR it is said that……...Your honourThe plaintiff has proved the suit in favour of him and the balance of probability of the suit is totally is in favour of the plaintiff. I want the judgment and decree of the suit in favour of the plaintiff with cost.

Defendant will start his arguments in the following ways- Your honourThis is a Title suit. I am for the Defendant. The plaintiff suit is that the suit land is belongs to him as he inherited the suit from his father which is false and baseless. Actually, the defendant of this suit purchased the suit land from the father of the plaintiff.Your honourThat the plaintiff purchased the suit land from the plaintiff's father on 02.3.2001 vide title deed no 1815 of 2001. After that the defendant went to abroad for a job and could not mute his name. Recently the defendant returned home and claimed the possession of the suit land but the plaintiff denied his claim and filed the suit.Your HonourThe statements made by the PWs are dissimilar and baseless.

Your honourThe DW1 said.............The DW2 said .....................The DW 3 said ...............The DW4 said............Your honourAt the time of trial the witnesses were examined. PW1 said...PW2 said...PW3 said.. PW4 said.......Your honourIn 32 DLR .....In 54 DLR... In 34 DLR...Your honourThe plaintiff has failed to prove the suit and all statements made the PWs are baseless, false and vexatious. The defendant has proved the suit and balance of probability is in favour of the the defendant.Your honourThe defendant has proved the suit through title deed, documents, papers and others. I want before the learned court to dismiss the suit and give the judgment and decree in favour of the defendant with cost.

Focusing point for arguments1. Start with theme of the case; state briefly your case;2. Analyze facts and statements made by the witnesses and3. Show how they are relevant and prove your case;4. Cite relevant laws, case laws and explain how they support your facts;5. Refer facts and laws in relation to the basic ingredients, the proof of

which will justify and order by the court in your favour;6. At the end prayer for relief.

4. Post Trial StageThe normal principle is that a judgment pronounced by the court, is final, and the departure from the principle is justified only when circumstances of a substantial and compelling character make it necessary to do so and the finality of a judgment delivered by a court will not be reconsidered except where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.51

51 Northern India Carters(India) Ltd. Vs. Governor of Delhi, (1980) 2 SCC 167

4.1. JudgementChapter 29 of the Civil Suit Instructions Manual, Order 20 of CPC, Chapter-9 of CRO, Vol-1, Section 33 of the CPC are the relevant provisions for judgement and decree. The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, not beyond seven days, of which due notice shall be given to the parties or their pleaders.52

4.2. ExecutionSection 33 to 47 of CPC, Order 21, rule 1 to 103 of CPC, Chapter 10 of C.R.O., Chapter 35 of the civil suit instruction manual are the relevant provisions for execution.Execution means the process for enforcing or giving effect to the judgment of the court.53 In other words, execution is the enforcement of decrees and order by the process of the court, so as to enable the decree-holder to realise the fruits of the decree.54 The execution is complete when the judgment creditor or decree-holder gets money or other thing awarded to him by the judgment, decree or order.55 Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to theofficer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof.56

The expression "Court which passed a decree," or words to that effect, shall be deemed to include- (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.57

4.3. AppealSection 96 to 112 of CPC, and order 41 to 45 of CPC deals with the appeal. An aggrieved person may prefer an appeal to the higher courts, as per section 96 against the decree and as per section 104 and order 43, rule 1 of CPC against an order. There are three kinds of decree which are not appealable-

52 S.33, & R. 1, Or. 20 of the CPC, 190853 C.K. Takwani, Civil Procedure, 6th Edition, Eastern Book Company, 2009, P.58754 Sreenath Roy Vs. Radhanath Mookerjee, ILR (1882) 9 Cal 1773, P-776, Ghosh Vs. Banerjee, 79 CWN 76, State of Rajasthan Vs. Rustamji, Savkasha, AIR 1972 Guj 179.55 C.K. Takwani, Civil Procedure, 6th Edition, Eastern Book Company, 2009, P. 58756 R.10, Or. 37 of the CPC, 190857 S. 37 of the CPC, 1908

(i) Decree possed under section 9 of the SR Act, (ii) Compromise decree and, (iii) Decree passed by small causes courts.

4.4. ReviewSection 114, Order 47, R-1 to 9 of the CPC deals with review. Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes may apply for

a view of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.58

4.5. RevisionRevision may file before the High Court Division and the Court of District Judge.The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceedings, in which a decree or an order has been passed by a Court of District Judge or Additional District Judge, or a decree has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit or proceedings, as it thinks fit.59

The Court of District Judge may, on the application of any party aggrieved, call for the record of any suit or proceeding, in which an order has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeals lies; and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, the Court of District Judge may, revise such order and, make such order as it thinks fit.60

5. Nomenclature of the witnessesPW = Plaintiff’s witnessPW=Petitioner’s witnessPW=Prosecution witnessDW=Defendants witnessDW=Defence witness

58 Section 114 of the CPC, 190859 Section 115(1) of the CPC, 190860 Section 115(2) of the CPC, 1908

CW=Court witnessOPW=Opposite parties witness

6. Nomenclature of the documents admitted as an evidencea. Documents exhibited by the plaintiff or prosecution be marked as Ext, 1, 2,

3, etc.b. Documents exhibited by the defendant or defense be marked as Ext. A, B, C,

etc.c. Same natures of documents be marked as Ext. 1 Series, A series, etc.