Various Stages of Judicial Procedure

Various Stages of Judicial Procedure sery judicial proceeding must contain five stages, which may be called as ur essential elements,’ namely. (1) Summons, (2) Pleading. (3) Proof,

A) judgment, and (5) Execution of the decree or order.

Summons.–The summons provide to all interested parties an opportunity appearance in a court in order to putforth their respective arguments for the

settlement of issues.

2. Pleading-Pleadings are the backbone of a litigation. The Code of Civil Procedure, 1908 defines ‘pleading’ as meaning a ‘plaint or a written statement.

Pleading formulates statement of the parties in writing setting out their contention of claims or counter-claims. According to P.C. Mogha, pleading filed by each party to a case, stating contains statement written, drawn up ana ving all such details, so that the that his contention will be at the trial and opposite party may know what case he has to meet or what is reply to his case.” Thus pleading constitutes written statement filed by each party to the case, They give all such details as opponent needs in order to prepare his case.

In India, as rule there are only two pleadings in a suit, namely, (1) a plaint, and (2) a written statement. Briefly stated, pleading is a part of procedural law which enables all the concerned parties to formulate their respective issues both on points of law and facts for assistance of the court so that it may eventually adjudicate upon the issues involved in the case.

3. Proof. It is a process which enables the parties to furnish the material by adducing evidence so that the court may arrive at the right conclusion on the basis of issues for determination before it.
4. Judgment.-A judgment contains the statements given by the Judge about the grounds of a decree or order. It embodies the decision. Judgment of courts other than Small Causes Courts, shall contain (a) a concise statement of the case; (b) the points for determination; (c) the decision thereon; (d) the reasons for decision.

The judgments of the Courts of Small Causes need not contain more than (b) and (c) above. A mere order deciding the matter in dispute, unsupported by reasons is no judgment at all.

The judgment by which the Court decides the disputed question between the parties may relate to a party’s right to property or a declaration (of nullity, legitimacy, title etc.) or a dissolution of status or an affirmation of the due execution of a legal act, or an award of damages for a wrongful act or an order of specific performance or non-performance of a certain act or restitution etc.

The Court in its judgment may also order the losing side to pay ‘costs to which the other party has been put in consequence of the suit. It is a kind ofRelated

penalty imposed on the losing party for his/her wrongful claim or for causing willful delay in justice.

S. Execution,-It involves the physical force needed to uphold the judgment when voluntary submission is not forthcoming Execution is a process by which the Court enforces its decree. In other words, it is an act of carrying out the judgment into effect. Execution of a decree or order compels the defendant to do or pay what has been ordered by the Court. It may involve sale or attachment of any property or arrest or detention of the defendant or appointment of a receiver for the property, A decree may be executed either by the Court which passed it or by the Court to which it is sent for execution. The question of execution, however, does not arise in case of a successful defendant, except for the recovery of costs

The execution of a judgment in a civil case does not take place except on demand of a litigant party.

Evidence In context of the Indian Evidence Act, 1872, the word ‘evidence’ means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matter of fact under enquiry and all documents produced for the inspection of the Court.

Definition of Evidence Taylor defines evidence as “all the legal means, exclusive of mere argument, which tend to prove or disprove any fact, the truth of which is submitted to judicial investigation”2

According to Salmond, any such fact which possesses probative force is called evidence. Salmond further says that one fact is evidence of another when the existence of the former creates a reasonable belief in the existence of the latter and the quality by virtue of which it has such an effect is called probative force Phipson, in his definition of evidence says, “evidence as the term is used in judicial proceedings, means the facts, testimony and documents which may be legally received in order to prove or disprove the fact under inquiry. This definition appears to be too restrictive when compared with that of Taylor’s definition of evidence which seems to be too wide as it also includes presumptions and judicial notice which cannot strictly be regarded as evidence.

According to Bentham, “the fact which when present in mind tells about the existence or non-existence of another fact, is called evidence.”

Section 3 of the Indian Evidence Act, 1872 says, ‘evidence means and includes (1) all statements which the Court permits or requires to be made

befo

re it by witnesses, in relation to matter of fact under inquiry, and (2) all documents produced for the inspection of the Court

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oral

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Some writers hold that this is not the real definition of the term ‘evidence but it is rather a statement of kinds of evidence. This definition includes only vo kinds of evidence, namely, statements of witnesses and documents. They allege that the definition does not mention confession or admission, though the Act does regard them as relevant evidence. But this criticism does not seem to be well grounded inasmuch as admission or confessions can be put under one category or the other. If an admission I its will be given through Spoken words by the witness and it will be oral evidence, and if it is in writing that will be a document. Same is true with confession as well. If confession is made to the Court itself, it will be recorded and signed by the accused and therefore, it will become a documentary evidence, and if it is oral, it will remain oral evidence!

According to Taylor the word ‘evidence’ in its relation to law includes all the legal means exclusive of mere argument which tend to prove or disprove any fact, the truth of which is submitted to judicial investigation.2

The Object & Purpose of Evidence The object and purpose of evidence is two-fold. Firstly, to limit the field of enquiry by resorting to doctrine of ‘judicial’ notice and making use of presumptions’ by which certain propositions are assumed to be sufficiently proved by the fact situation in the case. Secondly, excluding of certain evidence which are too remote or having no bearing on the issues involved in the case.

They are called irrelevant facts or the facts which are not relevant to the issues in the case. Such evidence is obviously discarded as they have no evidentiary value.

Oral, Documentary and Real Evidence The statements made by a witness before a Court of law are called oral evidence. The documents placed before the Court for inspection are called documentary evidence. Besides the documentary evidence, the material objects which are produced before a Court in course of a judicial proceedings are called the real evidence. For example, in case of a trial for murder, the statement made by an eye-witness before the Judge is oral evidence, the letters containing the correspondence made by accused persons regarding the plan of murder is documentary evidence while the dagger, knife or pistol used for committing the murder is real evidence.

Distinction between Proof and Evidence The terms ‘proof and ‘evidence’ are often used as synonymous but, in fact, it is not so. Proof is the effect or result of evidence. Proof consists of that facts

which either immediately or mediately tends to convince the mind about the truth or falsehood of a fact or proposition. Proof is the establishment of fact-in issue by proper legal means to the satisfaction of the Court. Thus, proof is the result of evidence while evidence is a medium of proof. Just as bricks and mortal are the materials out of which a house of is built, in the same way, the evidence comprises the material for proof.!

There is a marked difference as to the standard of proof in civil and criminal cases. In the former, a mere preponderance of probability, due reference being had to the burden of proof, is sufficient basis of decision. But in criminal proceedings a much higher degree of proof is needed before a person is convicted. In civil cases, the burden may lie on either parties whereas in criminal cases, the burden is on the prosecution to prove the guilt of the accused beyond doubt.