Pre-trial preparation . The Civil Procedure code 1908 (Important terms)

 In the context of pre-trial preparation under the Civil Procedure Code (CPC) 1908, here are some important terms to know:

Parties and Representatives:

• Plaintiff: The party who initiates the lawsuit and seeks a remedy from the court.
• Defendant: The party against whom the lawsuit is filed.
• Pleader: A lawyer or advocate authorized to represent a party in court.
• Counsel: A lawyer or advocate providing legal advice and representation in court.

Pleadings (Written Statements):

• Plaint: The formal written statement filed by the plaintiff that outlines the cause of action and the relief sought from the court.
• Written Statement of Defence: The defendant's written response to the plaint, outlining their arguments and defenses.
• Counterclaim: A claim filed by the defendant against the plaintiff arising from the same facts as the original suit.

Discovery and Evidence:

• Summons: A legal document issued by the court requiring the defendant to appear and respond to the plaint.
• Interrogatories: Written questions submitted by one party to the other that must be answered under oath.
• Discovery of Documents: The process of exchanging relevant documents between the parties before trial.
• Affidavit: A written statement of facts sworn to be true before an authorized person.
• Witness: A person who has knowledge of the facts of the case and may be called to testify in court.
• Evidence: Information presented in court to prove or disprove a fact in question.

Motions and Orders:

• Motion: A formal request made to the court by a party seeking a specific order or ruling.
• Ex Parte Application: An application made by one party without notice to the other.
• Interim Order: An order issued by the court before the final judgment in the case.
• Temporary Injunction: An order restraining a party from doing something until the final judgment.

Other Important Terms:

• Jurisdiction: The authority of a court to hear and decide a particular case.
• Cause of Action: A set of facts that gives rise to a legal right to sue.
• Limitation Period: The timeframe within which a lawsuit must be filed.
• Settlement: An agreement between the parties to resolve the case before trial.

Understanding these terms will help you navigate the pre-trial preparation process outlined in the Civil Procedure Code 1908.

Additional Points:

• The CPC also outlines specific procedures for various types of lawsuits, such as suits for recovery of property, breach of contract, and personal injury.
• Pre-trial conferences play a crucial role in managing case flow and exploring settlement possibilities under the CPC.

I hope this explanation provides a clearer understanding of key terms related to pre-trial preparation under the Civil Procedure Code 1908!