Trial & Rules Regarding Examination in Chief/Cross

Trial & Rules Regarding Examination in Chief/Cross
Synopsis
1. Introduction
2. Pre-trial Stage
2.1. Cause of action
2.2. Appointment of pleader and client interviewing:
2.3. Marshaling of facts
2.4. Institution of suit or filing of a plaint or presentation of the plaint
2.5. Issuance of summon and service to defendant/issue of process
2.6. Service Return
2.7. Filing written statement
2.8. Alternative Dispute Resolution
2.9. Framing of Issues
2.10. Steps under section 30 of CPC
3. Trial Stage
3.1. Opening Statement
3.2. Examination in chief
3.3. Leading questions
3.4. Cross examination
3.5. Re-examination and further cross
3.6. Order of examinations
3.7. Arguments
4. Post Trial Stage
4.1. Judgment
4.2. Execution
4.3. Appeal
4.4. Review
4.5. Revision
5. Nomenclature of the witnesses
6. Nomenclature of the documents admitted as an evidence
1. Introduction
The 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 stage
b) Trial stage
c) Post Trial stage
Pre-trial Stage
The pre-trial stage of suit can be discussed under the following heads:
1. Cause of action
2. Appointment of pleader and client interviewing
3. Marshaling of facts
4. Institution of suit or filing of a plaint
5. Issuance of summons and service to defendant/issue of processes
6. Return of service/appearance of the defendant
7. Submission of written objection.
8. Alternative dispute Resolution (AD)
9. Framing of Issues
10. Step under section 30 of C.P.C.
11. Settling Date for peremptory hearing (SD)
Trial stage
The trial stage of suit can be discussed under the following heads:
1. Peremptory Hearing (PH)
a. Opening the case
b. Examination in chief
c. Cross examination
d. Re-examination
2. Argument
Post-trial stage
1. Judgment and Decree
2. Appeal/Review/Revision
3. Decree execution.
2. Pre-trial Stage
Pre-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 interviewing
The 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 and
b) Documentary
A 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 facts
Marshaling 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, 1908
ii) The Suits Valuation Act, 1877
iii) The Courts Fees Act, 1870
iv) The Code of Civil Procedure, 1908
v) The Civil Court Act, 1887
vi) Any other Relevant Laws
Example
(i) Facts have to be arranged with regard to land dispute in the following
manner
a) 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 service
a) 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 letter
h) 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 plaint
Section 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);
3 S. 26, Or. 4, R.4 of the CPC, 1908
4 D F Mulla, The Code of Civil Procedure, 13th Edition, Butterworths, 2000, P.91
5 S. 6 of the CPC, 1908
6 S. 15 of the CPC, 1908
7 S. 16 of the CPC, 1908
8 R-2, Or. IV of the CPC, 1908
9 Dr. Rafiqul Islam Mehedi, Civil Litigation in Bangladesh, 1st Edition, Saquib Mohammad Sadman, 2009, Pg.74.

(d) returned for amendment on the ground that it is not framed as required by law.
This examination should be particularly directed to ascertaining
(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 process
Chapter-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
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.

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
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 Return
If 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 statement
Order 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 Resolution
Sections 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
10 S.27 of the CPC, 1908
11 R.1, Or. 5 of the CPC, 1908
12 Proviso of R-1(1) Or. 5 of the CPC, 1908
13 Rr-3, 6, 8, Or-9 of the CPC, 1908
14 G. Vs. Suray 22 DLR (WP) 331
15 Adamjee Vs. Chairman, 39 DLR 11; 7 BLD 67
16 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

efforts for settlement through mediation.18 If the mediation fails to produce any
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 Issues
Issues 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
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
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 mediatio n initiative;
and in that instance, the suit shall be heard by another court of competent jurisdiction.
20 S. 89A(7) of the CPC, 1908
21 S. 89A(12) of the CPC, 1908
22 Explanation-(1) of S. 89A(12) of the CPC, 1908
23 Explanation-(2) of S. 89A(12) of the CPC, 1908
24 S. 89A(13) of the CPC, 1908
25 R-1(1), Or-14 of the CPC, 1908
26 J. M. Gholam Rabbani, DLR, 1st Edition, Esrarul Huq Chowdhury, 2008, p. 329.
27 R-1(4), Or-14 of the CPC, 1908
28 J. M. Gholam Rabbani, DLR, 1st Edition, Esrarul Huq Chowdhury, 2008, p. 329

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 CPC
The relevant provisions regarding this stage are:
Section 30 = power to order discovery
Order 11 = Discovery and inspection
Order 12 = Admissions
Order -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 Stage
Under 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 Statement
The plaintiff will state the nature of the suit, issues of the suit, fact in issues and
how to prove the suit by producing evidences.
29 S. 58 of Evidence Act, 1872
30 Rr. 3, 4, 5, Order 8 of the CPC, 1908
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, CRO
35 Sujon Vai Vs. Motiram, AIR, 1980 Bom. 188

3.2. Examination in chief
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. Who
2. What
3. Where
4. When
5. Why
6. How
It 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 + Maps
8. 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 example
The 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 1872
37 S. 154 of the Evidence Act 1872

3.3. Leading questions
Any 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 examination
It 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 benoted thata person summoned to produce a document does not become a
witness bythe mere factthathe producesit 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).
40 Ibid
41 Abdul Haid Vs. Karam Dad, PLD 1966 Lah. 16

2. Stop when you get what you want.
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 example
The defendant’s cross-examination follows:
Q: Mr. Mifta, I’ll try not to take too long. On the day of the
accident, 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 cross
The 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
47 R. 17, Or. 18 of the CPC, 1908

3.6. Order of examinations
Witnesses 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. Arguments
The 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 court
Plaintiff will start his arguments in the following ways,
Your honour
This 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 honour
49 Ibid
50 Ibid

The 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
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 honour
The plaintiff has proved the suit in favour of him through the evidence of the
witnesses, , title deeds, documents, papers and others.
Your honour
At 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 honour
In 32 DLR it is said that ........
In 45 DLR it is said that .........
In 55 DLR it is said that……...
Your honour
The 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 honour
This 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 honour
That 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 Honour
The statements made by the PWs are dissimilar and baseless.
Your honour
The DW1 said.............
The DW2 said .....................
The DW 3 said ...............
The DW4 said............
Your honour
At the time of trial the witnesses were examined. PW1 said...
PW2 said...
PW3 said..
PW4 said.......
Your honour
In 32 DLR .....
In 54 DLR...
In 34 DLR...
Your honour
The 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 honour
The 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 arguments
1. Start with theme of the case; state briefly your case;
2. Analyze facts and statements made by the witnesses and
3. 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 Stage
The 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
4.1. Judgement
Chapter 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. Execution
Section 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. Appeal
51 Northern India Carters(India) Ltd. Vs. Governor of Delhi, (1980) 2 SCC 167
52 S.33, & R. 1, Or. 20 of the CPC, 1908
53 C.K. Takwani, Civil Procedure, 6th Edition, Eastern Book Company, 2009, P.587
54 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. 587
56 R.10, Or. 37 of the CPC, 1908
57 S. 37 of the CPC, 1908

Section 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-
(i) Decree possed under section 9 of the SR Act,
(ii) Compromise decree and,
(iii) Decree passed by small causes courts.
4.4. Review
Section 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. Revision
Revision 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 witnesses
PW = Plaintiff’s witness
58 Section 114 of the CPC, 1908
59 Section 115(1) of the CPC, 1908
60 Section 115(2) of the CPC, 1908

PW=Petitioner’s witness
PW=Prosecution witness
DW=Defendants witness
DW=Defence witness
CW=Court witness
OPW=Opposite parties witness
6. Nomenclature of the documents admitted as an evidence
a. 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.

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