How we file the civil suit against the person

539 votes

Writing First of all, please provide complete details regarding the type of civil suit, followed by information about all the proper documents and records available with you. Thereafter, provide complete information regarding the department/court in which the civil case is to be filed. You are also required to provide copies of all your authentic documents, along with copies of all actions or proceedings already undertaken by you and details of what further legal action you wish to pursue. After providing all the above information and documents, you may contact us for further assistance.

Advocate Karna Ram Choudhary LawRato

623 votes

To file a civil suit in India, the usual process is: Identify the cause of action and relief — e.g., recovery of money, injunction, declaration, possession, damages, etc. Check limitation — the limitation period depends on the nature of the claim. Determine the proper court — based on territorial jurisdiction and pecuniary jurisdiction. Prepare the plaint containing the facts, cause of action, jurisdiction, relief claimed and court-fee details. File the suit before the competent civil court along with the required documents and court fee. The court then proceeds through summons → written statement → issues → evidence → arguments → judgment/decree. If necessary, the decree can subsequently be executed against the judgment-debtor. How long does it take? There is no fixed period for disposal of an ordinary civil suit. A relatively straightforward matter may take 1–3 years, while contested property, money-recovery, declaration, injunction or other complex litigation can take several years, particularly if there are interlocutory applications, numerous witnesses, delays in evidence, or appeals. The exact time depends heavily on the nature of the suit, court, complexity of evidence, conduct of the parties and whether an appeal is filed. If you tell me what dispute you have with the person (money, property, agreement, defamation, injunction, possession, etc.) and the State/District, I can explain the appropriate civil suit, limitation, jurisdiction, court fee and complete filing procedure.

Advocate Somit Vyas LawRato