How a Civil Case Proceeds in India: A Comprehensive Guide for Common Man

Published On - July 23, 2024

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Overview of Civil Suit Procedure in India

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In India, the procedure for civil suits is governed by the Code of Civil Procedure (CPC), 1908. Civil suits can be filed in courts of competent jurisdiction, which include District Courts, Sub-Divisional Courts (sometimes referred to as Munsiff Courts), and Civil Courts of Junior and Senior Divisions.

Jurisdiction and Court Hierarchy

  1. District Courts: These are the primary courts of original jurisdiction for civil matters within a district.
  2. Sub-Divisional Courts: Smaller courts within the district that handle less complex civil matters.
  3. Junior and Senior Division Courts: The jurisdiction of these courts is determined by the value of the suit and specific jurisdictional rules for certain types of cases. For example, matrimonial disputes under Section 13B of the Hindu Marriage Act must be filed in the District Court.
  4. Specific types of suits must be filed in designated courts as per various acts. For instance, a mutual divorce under Section 13B of the Hindu Marriage Act can only be filed in a district court. Similarly, suits concerning immovable property must be filed in the court where the property is located. Choosing the correct jurisdiction is crucial, and selecting an advocate competent in the relevant legal area is advisable.

Filing a Civil Suit

  1. Drafting and Submission: The process begins with drafting a plaint (the written complaint or allegation) by a competent advocate. This must include details of the parties involved, the cause of action, and the relief sought.
  2. Court Fees and Formalities: Depending on the value of the suit, court fees must be paid, and the plaint must be filed in the appropriate court.

Stages of a Civil Suit

  1. Filing of Plaint(INTERLOCUTORY STAGE): The suit is initiated by filing a plaint. This includes all necessary documents and an affidavit verifying the facts.
  2. Interim Applications (INTERLOCUTORY STAGE): During the proceedings, parties may file interim applications such as requests for injunctions or the appointment of receivers.
  3. Service of Summons (INTERLOCUTORY STAGE): The court issues a summons to the defendant, informing them of the suit and requiring their appearance​ (Law Insider India)​.
  4. Written Statement (Order VIII CPC)(INTERLOCUTORY STAGE): The defendant must file a written statement within 30-90 days, addressing the allegations made in the plaint and presenting any counterclaims​ (Finology)​.
  5. Framing of Issues (Order XIV CPC)(INTERLOCUTORY STAGE): The court identifies the key issues for determination based on the pleadings of both parties.
  6. Pre-Trial Proceedings (INTERLOCUTORY STAGE): This includes the discovery and inspection of documents, examination of parties, and settlement of issues.
  7. Evidence Stage (Order XVIII CPC): Both parties present their evidence, which can include witness testimonies, documents, and expert opinions. Each side is allowed to cross-examine the other’s witnesses​ (Law Insider India)​​ (Finology)​.
  8. Final Arguments(Preemptory hearing): Both parties present their final arguments, summarizing their case and evidence.
  9. Judgment (Order XX CPC): The court delivers its judgment based on the evidence and arguments presented.
  10. Decree: A formal decree is drawn up, detailing the court’s decision and the relief granted.
  11. Execution of Decree (Order XXI CPC): If the losing party does not comply with the decree, the winning party can seek the court’s assistance in enforcing it​ (Finology)​.

Appeal Process

Parties have the right to appeal adverse decisions. Appeals from Sub-Divisional or Junior Division Courts go to the District Court, and subsequent appeals can go to the High Court and the Supreme Court. The time limit for filing appeals is typically 60 to 90 days.

Key Orders and Sections of the CPC

  • Sections

    1. Section 10: Stay of suit
    2. Section 11: Res judicata
    3. Section 24: General power of transfer and withdrawal
    4. Section 25: Power of Supreme Court to transfer suits, etc.
    5. Section 46: Precepts
    6. Section 95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds
    7. Section 151: Saving of inherent powers of Court
    8. Section 80: Notice
    9. Section 114: Review
    10. Section 145: Enforcement of liability of surety

  • Orders

    1. Order 1 Rule 8: Representative suits
    2. Order 1 Rule 10: Adding or striking out parties
    3. Order 2 Rule 2: Relinquishment of part of claim
    4. Order 5 Rule 20: Substituted service
    5. Order 5 Rule 3(2): Service of summons
    6. Order 6 Rule 17: Amendment of pleadings
    7. Order 6 Rule 18: Failure to amend
    8. Order 7 Rule 11(a): Rejection of plaint (disclosing no cause of action)
    9. Order 7 Rule 11(b): Rejection of plaint (insufficient court fee)
    10. Order 7 Rule 10: Return of plaint
    11. Order 7 Rule 14: Production of documents with plaint
    12. Order 8 Rule 1: Written statement
    13. Order 8 Rule 10: Procedure when party fails to present written statement
    14. Order 9 Rule 4: Restoration of suit
    15. Order 9 Rule 13: Setting aside ex-parte decree
    16. Order 9 Rule 9: Decree against plaintiff by default bars fresh suit
    17. Order 11 Rule 18: Inspection of documents
    18. Order 12 Rule 6: Judgment on admissions
    19. Order 13 Rule 1: Original documents to be produced
    20. Order 14 Rule 2(2): Court to pronounce judgment on preliminary issue
    21. Order 18 Rule 4: Recording of evidence
    22. Order 18 Rule 17: Court may recall and examine witness
    23. Order 21 Rule 99: Dispossession by decree-holder
    24. Order 21 Rule 97: Resistance or obstruction to possession of immovable property
    25. Order 22 Rule 4: Procedure in case of death of one of several defendants or of sole defendant
    26. Order 22 Rule 2: Procedure where one of several plaintiffs or defendants dies and right to sue survives
    27. Order 22 Rule 9: Effect of abatement or dismissal
    28. Order 23 Rule 1: Withdrawal of suit
    29. Order 23 Rule 3: Compromise of suit
    30. Order 26 Rule 9: Commissions to make local investigations
    31. Order 26 Rule 10A: Commission for scientific investigation
    32. Order 32 Rule 3: Guardian for minor defendant
    33. Order 32 Rule 4: Who may act as next friend or be appointed guardian for the suit
    34. Order 39 Rule 1 & 2: Temporary injunctions and interlocutory orders
    35. Order 39 Rule 7: Detention, preservation, inspection, etc., of subject-matter of suit
    36. Order 39 Rule 4: Order for injunction may be discharged, varied, or set aside
    37. Order 39 Rule 2A: Consequence of disobedience or breach of injunction
    38. Order 39 Rule 3A: Court to dispose of application for injunction within 30 days
    39. Order 40 Rule 1: Appointment of receivers
    40. Order 41 Rule 25: Remand of case
    41. Order 41 Rule 27: Production of additional evidence in Appellate Court

This detailed overview covers the essentials of filing and proceeding with a civil suit in India, providing a comprehensive guide for anyone looking to understand the civil litigation processUnderstanding the intricacies of filing and pursuing a civil suit in India requires familiarity with the Code of Civil Procedure and its numerous orders and sections. While individuals can file suits themselves, the complexities often necessitate the assistance of a competent advocate. This guide aims to provide a comprehensive overview to help you navigate the civil litigation process effectively.

Reference: CIVIL PROCEDURE CODE,1908