Friday, March 18, 2016

Stages of Cyber Civil Cases in Indian

STAGES IN a Cyber CIVIL Case / Suit in India-
(Plaintiff Means whoever files the case )
By Advocate Prashant Mali(@CyberMahaGuru)

1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under
Order 4 r/w Order 6 and 7 of the code.

2. Plaintiff  has to issue summons within 30 days from the institution of suit.

3. After the service of summons defendant has to file his written statement within 30 days
from the receipt of summons as per Order 8 R 1 of the code

4. No further time exceeding 90 days after date of service of summons be extended
for filing written statement as per proviso to Order 8 R 1 of the code.

5. Within 10 days from the filing of written statement court has to examine the parties so
as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code.

6. If parties fail to compromise the matter then court has to keep the matter for discovery
and inspection  within the time span of 7– 10 – 10 – 3 days, as per Order 11 of the code.

7. Then to adjourn the matter for admission within the time span of 15 days as per Order 12
of the code.

8. Then parties have to file the original documents prior to framing of issues within
the time span of 7 days, as per Order 13 of the code.

9. Court has to frame the issues within 15 days as per Order 14 of the code.

10. Parties have to file the list of witnesses within 15 days from the date of framing of issues as per
Order 16 of the code.

11. Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1(4) of the code.

12. Parties have to settle the date of evidence as per Order 16 of the code.

13. Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

14. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4(1) of the code.

15. Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in
attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R2 (a) of the code.

16. Defendant has to issue summons to the witnesses either for adducing evidence or for
production of documents as per Order 16 R 1 (4) of the code.

17. Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

18. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4(1) of the code.

19. Cross examination of the defendant and his witnesses on day to day until all the witnesses in
attendance have been  examined as per Order 18 R 4 (2) r/w Order 17 R2 (a) of the code.

20. Parties have to conclude their arguments within 15 days from the completion of their
respective evidence as per Order 18 R 2 (3A) of the code.

21. Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60 days
from the date of conclusion of the arguments as per Order 20 R 1 of the code.

The party in whose favor the judgement is passed is known as decree holder, and the party against whom the judgement is passed is called the judgement debtor.

Review of judgement

If a party is not satisfied with the judgement, then it can file an application for review of the judgement. If the court feels there are not sufficient grounds for the review, then it may reject the application. The court may also reject the application if it was based on some new evidence unless strict proof is provided that the party was earlier unaware of it. Also, when a application for review is received by the court, it shall send a notice to the other patty in order for him/her to appear and present his side. If the application is granted and a judgement has been passed, it cannot be reviewed further. 

Appeal
A party may appeal in appellate court against the original decree. A memorandum needs to be filed in the appellate court specifying the grounds of objection. The appellant may be required to provide the security for cost. The court may accept, reject, or send back the appeal to the appellant for modifications. If the appellate court finds sufficient cause for stay on the execution of decree, then it may order to do so. If the appellate courts accepts the appeal it shall send a notice to the lower court (whose decree is being appealed) so that it can dispatch the records relevant to the case to the appellate court. The appellate court will send notices for the day of the hearing and will rehear the case. The appellate court may confirm, vary, or reverse the original decree in its judgement. 

Execution of Decree

If the judgement-debtor needs to pay money, he can submit it in the court or outside the court as well. If the payment is made outside of the court then an evidence of the payment needs to be produced. When a payment is made then judgement-debtor needs to send an acknowledgement to the decree-holder. If the judgement debtor fails to comply to the decree then the decree holder may file an application for execution of decree. The application needs to be filed in the place of judgement-debtor's residence. The decree holder may request the court to assist him by either delivering the property, arrest or detention of person, or any other relief granted in the decree. 
The judgement debtor is issued a notice to show cause against execution. If no satisfactory response is shown for the show cause notice, then the court may issue orders to execute the decree. In case of payment of money, the court may order the detention of judgement-debtor in civil prison or sale of judgement-debtor's property. In issues related to movable property, it may be seized and delivered to the other party.

Note: everything above in ideal situationsđŸ˜„
Apply for compensation upto Rs.5 Crores to adjudication Officer (IT Secretary of the state) and Above that to respective High Courts of the state.
cyberlawconsulting@gmail.com
Author: Prashant Mali @CyberMahaGuru

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