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Element of Judicial Procedure:
The following are the
different stages of judicial procedure:-
1.
Summons:
Summon
is a document issued from the office of a court of justice. Calling upon the
person to whom it is directed to attend before a judge or officer of the court
for certain purpose in specific time. It enables the parties interested in
litigation to present their case before the court for the settlement of a
claim.
2.
Pleadings:
Pleadings
mean the complaint or written statement filed respectively by the plaintiff and
defendant. The object of pleading is to narrow the parties to definite issues.
Actually pleadings are the backbone of litigation. The Code of Civil Procedure,
1980 defines ‘pleading’ as meaning a ‘plaint’ or ‘written statement’. Pleadings
are statement of the parties in written setting out their contention of claims
or counter claims. Thus, pleasing are written statements filed by each party to
case.
3.
Proof:
It
is the process by which by which the parties to the dispute supply the
materials by adducing evidence to enable the court to arrive at the right
conclusion on the struck in case.
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
reason for decision.
5.
Execution:
It
is process by which the court enforces its decree. It is that act of
completing, or carrying into effect, the judgment, which compels the defendant
to do or to pay what has been adjudged. It may be by attachment and sale of any
property, by arrest and detention in prison of the defendant or by appointing a
receiver. A decree may be executed either by the court, which passed it, or by
the court to which it is sent for execution.
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