What is Civil Pleading Suits and Procedure in India

In India, courts have the authority to take a decision on matters presented to them. Their decision is binding yet up for judicial review. When any party or an individual launches a complaint amounting to civil in nature, he/ she and the person against whom the complaint is launched is given the purpose of Pleading. This gives each of the party involved in a lawsuit, a fair chance of- "to be heard", which is crucial in country like India which is regarded as the largest democracy in the world. The entire process is summed up mainly in the following 4 steps -

1. Pleading- A civil suit starts when two people or corporations disagree on any legal matter and one of them files a complaint. The person who sues the other one is plaintiff, while the one who is been sued is called a defendant. A plaintiff files a pleading or a request to court for a reasonable remedy. After this, the defendant is sent a notice to appear before the court on the next date in order to present his/her part of the story.
2. Evidence- As the trial sessions begin and both the parties get equal chance to represent themselves, the plaintiff is supposed to present legal and legitimate evidences to prove his case. He may also present some witnesses on his side. The defendant has the right to cross-question the witness presence by him. This procedure is usually done by the lawyers appointed by both the parties.
3. Arguments- After all this, both the parties- plaintiff and the defendant is given a chance in order to conclude their part of the case with a summary of all the evidences as well as witnesses presented in the court in front of the judge.

After this, it is the work of the court to consider, investigate the evidences present before it. According to these evidences and statements given by witnesses, they are supposed to reach to an appropriate conclusion. In this process the court is supposed to consider the Constitution and various cases of the past to reach to a final decision which must be fair.

4. Order- After hearing the arguments made by both the concerned parties of a civil case and looking thoroughly into all the provided evidences, if the defendant is found guilty, then he has to agree to the remedy asked by plaintiff. On the other hand if the defendant is found non-liable for the offence then the case is dismissed. Criminal pleadings trial procedure in India

Author is representing this article on the behalf of a leading online law course provider institute - Law Skills.