Understanding the Cause List of Trial Courts (LITIGATION BASICS 13)

The Daily Cause List is a list of matters fixed for hearing before a court on a particular day. It reflects the stage of the case, the purpose for which the matter is listed, and the nature of judicial work to be undertaken. The cause list is published daily on the e-Courts website and mobile application and is also displayed outside courtrooms.

Trial court cause lists include both civil and criminal matters and are generally structured in accordance with the procedural stages prescribed under the Code of Civil Procedure, 1908 and the BNSS/CrPC. At the initial stage, law students and junior advocates often find it difficult to understand the technical expressions used in cause lists. However, proper understanding of these entries is essential to track the progress of a case and prepare effectively for each hearing.

 

(A) Tips for Understanding the Cause List

1.      Thoroughly read and understand the provisions of the CPC and the BNSS/CrPC.

2.      Familiarise yourself with the different stages of civil and criminal trials.

3.      Understand the meaning of each step mentioned in the cause list.

4.      Track the progress of your case through successive cause lists and prepare accordingly for the next date of hearing.

 

(B) Cause List of Trial Courts (Maharashtra as an Illustration)

(I) Cause List of Civil Courts

The civil court cause list reflects the procedural stage of the suit or application. Common entries and their meanings are explained below:

1.      Steps – The matter is listed for taking a specific procedural step required to move the case forward.

2.      Steps Unready – Required procedural steps have not yet been taken, usually at the initial stage of the suit.

3.      Suit Stayed – The suit is stayed, commonly under Section 10 CPC or by an appellate court.

4.      Say u/s 10 CPC (Stay of Suit) – The opposite party is called upon to file its response regarding the stay application.

5.      Service – The matter is listed for taking steps to serve summons, notice, or documents on the opposite party.

6.      Affidavit of Service – Proof is to be filed showing that summons or notice has been duly served.

7.      Awaiting Summons – Summons have been issued and the court is awaiting the service report.

8.      Filing of Affidavit – The matter is listed for filing an affidavit as directed by the court.

9.      Awaiting Notice – Notice has been issued and service confirmation is awaited.

10.  Notice ___ Unready – Notice is required to be issued, but procedural readiness is lacking.

11.  Unready Board – The matter is not ready for effective hearing.

12.  Supply of Copies – Copies of pleadings or documents are to be supplied to the opposite party.

13.  Chamber Summons – An application made to the court for procedural or interlocutory directions.

14.  Notice of Motion – A formal application seeking interim or procedural relief.

15.  Notice of Motion for Hearing – The notice of motion is fixed for arguments.

16.  Awaiting Warrant – The court is awaiting execution or report of a warrant.

17.  For Appearance – The matter is listed for appearance of a party after service of summons or notice.

18.  Filing of Vakalatnama – Time is granted to engage an advocate and file vakalatnama.

19.  Written Statement – The defendant is required to file a written statement.

20.  Reply / Say – The opposite party is required to file a reply to an application.

21.  Reply Unready – Reply is required but not yet filed.

22.  Filing of Say on Exh ___ Ready – Reply to an interim application when the matter is ready.

23.  Filing of Say on Exh ___ Unready – Reply to an interim application when the matter is not ready.

24.  Framing of Issues – The court is to frame issues for trial.

25.  Argument – The matter is listed for final arguments.

26.  Argument Part Heard – Arguments have commenced but are incomplete.

27.  Argument on Exh ___ Ready – Arguments on an interim application when ready.

28.  Argument on Exh ___ Unready – Arguments on an interim application when unready.

29.  Hearing – General hearing on issues or applications.

30.  Ex Parte Hearing – The matter proceeds in the absence of the opposite party.

31.  Hearing without WS – Hearing proceeds without written statement of the defendant.

32.  Compliance – Compliance with earlier court directions is to be reported.

33.  Evidence – The matter is listed for recording evidence.

34.  Evidence Part Heard – Evidence has begun but is incomplete.

35.  Ex Parte Evidence – Evidence recorded in ex parte proceedings.

36.  Report – The court is awaiting a report from an authority or officer.

37.  Citations – Parties are directed to furnish case law.

38.  Order – The court is to pronounce an order.

39.  Order on Exhibit – Order on a specific interim application.

40.  No Say Order – Passed when the opposite party fails to file a reply within time.

41.  Dismissal Order – The matter is dismissed for non-maintainability or default.

42.  Directions – The court issues procedural or substantive directions.

43.  Judgment – Final judgment is to be pronounced.

44.  Compromise – The matter is listed for recording compromise.

45.  Paper Book – Preparation of paper book for appellate proceedings.

46.  Awaiting R&P Lower Court – Record and proceedings of the lower court are awaited.

(II) Cause List of Criminal Courts

In addition to several stages common with civil courts, criminal courts also list the following stages:

1.      Verification – Verification of the complainant in private complaint cases.

2.      BW Ready – Issuance or report of bailable warrant when the matter is ready.

3.      BW Unready – Bailable warrant stage when procedural requirements are incomplete.

4.      NBW Ready – Issuance or report of non-bailable warrant at an advanced stage.

5.      NBW Unready – Non-bailable warrant at an initial or unready stage.

6.      Evidence Before Charge – Recording of evidence prior to framing of charge.

7.      Charge – Framing of charges against the accused.

8.      Admission and Denial – Parties admit or deny documents relied upon.

9.  Statement u/s 313 CrPC  – Statement of the accused explaining incriminating circumstances.

10. Defence Evidence – Recording of evidence led by the accused after prosecution evidence.