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Wednesday, May 1, 2013

What are the element of judicial procedure?


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.