Observance of Civil Trial notes — Unit 3

Reading the Civil Procedure Code (CPC) in a classroom is entirely different from seeing it applied in a chaotic, real-world courtroom. The Bar Council mandates that every law student must observe actual civil and criminal trials.

⇒The Court Diary

Students are required to maintain a daily 'Court Diary' or 'Journal' during their internship. You must record the date, the court you visited (e.g., Court of the Civil Judge Senior Division), the name of the case, the stage the case was at, and your observations on how the lawyers and the judge interacted.

A civil trial follows a strict chronological path laid out by the CPC.

⇒1. Institution of Suit (Plaint)

Every civil suit begins with the presentation of a 'Plaint' by the Plaintiff (Order 7). It contains the facts, the cause of action, and the relief sought. It must be accompanied by the required court fees.

⇒2. Issue of Summons

Once the court registers the plaint, it issues a 'Summons' (Order 5) to the Defendant, ordering them to appear in court on a specific date and answer the claim.

⇒3. Written Statement

The Defendant must file a 'Written Statement' (Order 8) usually within 30 days of receiving the summons. This is their defense. They must specifically deny the allegations in the plaint; evasive denials are treated as admissions.

⇒4. Discovery and Inspection

Before the trial actually begins, both parties have the right to ask the other party questions (Interrogatories) and demand the production of relevant documents (Discovery). This prevents surprises during the trial.

⇒5. Framing of Issues (Order 14)

This is a critical stage you will observe. After reading the Plaint and Written Statement, the Judge identifies the exact points of disagreement between the parties (e.g., "Did the defendant sign the contract?", "Is the suit barred by limitation?"). These are called 'Issues'. The trial will focus ONLY on proving or disproving these specific issues.

This is the most time-consuming and combative part of civil litigation.

⇒Examination of Witnesses (Order 18)

The Plaintiff usually begins first (Burden of Proof). Witnesses are called to the stand. The process has three steps (under the Evidence Act):

• 1. Examination-in-Chief: The lawyer questions their own witness to bring out facts supporting their case. (Leading questions are generally not allowed). Nowadays, this is often submitted as a written affidavit.
• 2. Cross-Examination: The opposing lawyer questions the witness to test their truthfulness, expose lies, or show bias. This is the hardest skill to master. Leading questions are allowed and heavily used.
• 3. Re-Examination: The first lawyer questions their witness again, but only to clarify any confusion created during cross-examination.

⇒Final Arguments

After all witnesses from both sides are examined and all documents are marked as exhibits, the case is listed for Final Arguments. Here, the lawyers summarize the evidence, apply the relevant law/precedents, and try to convince the judge why their side should win based on the established facts.

⇒Judgment and Decree (Order 20)

The Judge pronounces the Judgment in open court. The judgment contains the summary of pleadings, the issues, the decision on each issue, and the reasons for the decision.

Following the judgment, a formal 'Decree' is drawn up. The Decree is the operational part (e.g., "The Defendant is ordered to pay Rs. 5 Lakhs to the Plaintiff"). It is the Decree that is actually executed.

While recording the stages in your diary, you must also observe the practical realities of the courtroom.

⇒What to look for:

• Adjournments (Tarikh pe Tarikh): Notice how often cases are adjourned because witnesses are absent, lawyers are busy in other courts, or documents are missing. Observe the judge's reaction to frivolous adjournment requests.
• Court Hierarchy: Observe how junior lawyers interact with senior advocates and how the bench staff (Reader, Ahlmad, Stenographer) manage the heavy case files.
• The Art of Cross-Examination: Watch a seasoned lawyer conduct a cross-examination. Notice how they rarely ask open-ended questions. They ask tight, 'Yes/No' questions to box the witness into a corner.