How to File a Civil Suit in India?

What is a Civil Suit?

A civil suit is a case that is being brought by an individual (in legal parlance is known as a plaintiff) against another individual (known as a defendant) for some harm that has been suffered due to some of the alleged wrongdoings from the defendant's end. The plaintiff usually asks for compensation which is mostly in monetary terms.

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Who can file a Civil Suit?

Any person who believes that they have suffered any sort of harm or damage due to another can file a civil suit.

What is the Law for Civil Cases in India?

The law relating to the procedure of civil proceedings in India is dealt with by the Code of Civil Procedure, 1908. It deals with the general principles of jurisdiction and enumerates the Orders and Rules for the procedures and method of governance of civil proceedings in India.

What are the Steps Followed in a Civil Suit in India?

There are usually 6 steps that follow in a civil suit and they are as below:

1. Consultation with a lawyer- This is the first step before filing a complaint. This is the stage where you consult with a civil lawyer. You must talk to them and analyze if your case qualifies for a suit at a particular court and if you must negotiate with the other party and can avoid court procedures. This is a very essential step and can help you avoid the monetary expenses and time required for court appearances.

2. The initial stage of pleading- In this stage one files a complaint and starts the trial. This is also the stage where the defendants also file an answer and respond to such complaints.

3. Discovery- Both the parties exchange documents by filing them in court and seeing where both the parties stand at this point. The aim is to be as prepared as possible before the parties enter a trial.

4. Trial- At this stage, both parties present pieces of evidence they possess to back up their arguments. The lawyers present your case and call for witnesses if there are any. The plaintiff starts presenting first and at the end of the trial both the parties to the suit make closing statements.

5. Trial Verdict- After listening to both sides and much deliberation a verdict is announced by the judge, basing it upon the facts and circumstances of that case and the arguments, witnesses, and the evidences presented in the case.

6. Appeal- If either of the parties is not content with the verdict, they may file an appeal to an appellate/higher court challenging the order of the lower court. That court will review the case and check for errors. If they do find any errors then they might reverse the given verdict or order for the initiation of a new trial.

However, all these steps are not always followed as some procedures might take a different turn depending on the provisions that are prescribed by the law.

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Where should you File a Civil Suit?

One must know where to initiate a civil suit and it can be confusing sometimes. Your Place of Suing can be subjected to some limitations and they are as follows:

1. Territorial jurisdiction of the court

Suits under this can be divided into 3 categories as per Section 16 to Section 20 of the Code of Civil Procedure :

a. Suits regarding immovable property- Essentially the jurisdiction of the court would be where the property lies. b. Suits regarding movable property: The suit can be initiated by the plaintiff at the place of residence of the respondent, at the place of his/her business, or the place where the wrong has been committed. c. Other suits: the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, carries on business, or personally works for gain.

2. Pecuniary Jurisdiction (Section 15 of the Code of Civil Procedure)

Pecuniary jurisdiction means courts having the jurisdiction to deal with a civil suit, based upon the financial value of the suit ). If you are initiating the suit then you should start at the lowest degree of the hierarchy of courts. Your jurisdiction of courts may change by the estimated valuation done by the plaintiff but that is subject to change by court order if there has been overvaluation or undervaluation by the court.

What is the Procedure for Filing a Civil Suit in India?

The procedure that needs to be followed when filing a civil suit is as follows:

1. Vakalatnama

A Vakalatnama is a written document that allows the parties to be represented by an Advocate before the court. The parties authorize such rights to their advocates by filing a Vakalatnama. It is also a document that protects both the clients and the lawyers. It may have terms that state that the advocate would not be responsible for any decision and just, in general, any other terms or conditions which protect the lawyer's and client's rights and obligations.

2. Filing of Suit or Plaint

The first step to a civil suit is filing a plaint. A plaint is a written form of the complaint or allegation that is filed by a “ plaintiff” against the “ defendant” . A plaint contains the following:

• Name of the court

• Name and details of the parties between whom the proceedings are going to take place

• Facts of the Dispute

• Jurisdiction of the court

• Main evidence or submissions that is relied on by the plaintiff

• Verification of all such documents by the plaintiff

The court has the power to reject a plaint as well. The grounds on which a plaint can be rejected are as follows:

• Where the plaint does not disclose any cause of action

• Where the plaintiff has claimed a relief, which is undervalued and the plaintiff fails to correct the valuation within the time that is fixed by the court.

• Where the relief claimed is valued properly but the plaint that is submitted to the court upon paper is insufficiently stamped and the plaintiff failed to do so within the period of time fixed by the court.

• Where the suit appears to be barred by any statute of the country

3. Payment of Court Fees

You have to pay a nominal amount as a court fee. It is usually a very small percentage of the total value of the suit. It differs from case to case.

4. Proceedings of a Civil Suit

On the first day of the hearing if the court has a look at the plaint. It may accept or reject the plaint. However, if it finds fit then it will give out a notice to the other party to submit their arguments by a given date.

a. Appearance of the Summoned Party- The party who is summoned must be present before the concerned court. If both the parties are not present then after giving a fair chance the court has the power to dismiss the case altogether.

b. Written Statement- Before the defendant appears before the court, he or she is required to file a “ written statement” . This is essentially the defense that he or she relies on against the allegations and claims raised by the plaintiff. This written statement should be filed within 30 days from the date the notice has been issued to him or by any given date by the court. It can be extended to 90 days, if required, with the permission of the court. It usually is a statement that denies all the allegations that are brought upon the defendant. Make sure to deny all the allegations and claims as failure to do so would mean that you have admitted such claims. Lastly, it must be verified by the defendant stating that the content written in the written statement stands true.

c. Examination of the Parties- After such a written statement is filed both the parties may be asked to appear before the court and ask for the acceptance or refusal of the allegations and claims that have been brought to the court. Such admission will be recorded by the court.

d. Replication to the Written Statement- After the written statement is filed by the defendant, the plaintiff has to file a replication which is a reply to the written statement. After the replication is filed then the pleadings are deemed to be complete.

e. Framing of Issues- After the suit is filed the court may ask the parties to issue a Draft Issues following which the court may create the final issues. These issues can be a fact or law and each issue is dealt with separately. There will be a judgment passed on every Issue.

f. Submission of Documents- After the Issues are framed then the parties are asked to submit all of the documents which are relying upon. All these documents must be substantial to their arguments. All these documents must be original and each party has to give a copy of such documents to one another.

g. Admission or Denial of the Documents- Each party can either admit or deny the Documents that are produced in front of the court.

h. Witness Hearing and Cross-Examination- The Witnesses that the parties wish to produce have to be presented before the court within 15 days from framing the Issues. The parties can themselves call the witnesses or the court can send the summons for them. The right to begin this process will be of the plaintiff. The advocate of the defendant will cross-examine such witnesses who present themselves before the court on the behalf of the plaintiff. This process is repeated with the defendant presenting their witnesses before the court and the advocate of the plaintiff cross-examines those witnesses. The process of such cross-examination can be very intricate and exhaustive. It can be a set of questions that will be trying to find out information to the most intricate of details.

i. Arguments- After the examination of witnesses is done, then both the parties are allowed to present a summary of their arguments and provide shreds of evidence to the judge.

j. Final Hearing & ndash After the court hears both sides, it will pass a final order.

k. Appeal, Review, and Revision- After the judgment is passed and if a party is not satisfied with it then he may apply for a Review of such judgment which has to be within 30 days from the date of pronouncement of the judgment. He/she may also apply for a Revision to a higher court within 30 days after the judgment has been passed. There is also the option for an Appeal if a party is not content with the judgment passed and can file that appeal to a higher court within 60 or 90 days from the date of the judgment so delivered.

Why do you need a Lawyer for Filing a Civil Suit?

A civil suit can be a long and daunting technical process and therefore it is advised to take the help of a lawyer. A civil lawyer is an expert in such matters and will help you and guide you every step of the way. He/she will help you in filing your matter, preparing the drafts and documents, arguing in court on your behalf, and also helps you gather evidence. A lawyer's guidance is thus extremely important.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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