Step-by-Step Process to File a Civil Case in India

Civil cases relate to disputes between private individuals, businesses, or governmental entities regarding rights, duties, property, contracts, family law, tort action, and so on. Having an understanding of the step by step process of pursuing a civil case in India will assist you to safeguard your rights, meet certain deadlines (such as limitation periods), prepare documents and evidence you may need for your case, and avoid the same mistakes that may jeopardize your case. It is expected that you will receive much better service and support from professional advice, experienced civil lawyers assist with decisions of which actions to take without court, drafting plaints/applications, calculating statutory limitation periods, appearing on behalf of a client for hearings, and negotiating settlements. You can get in touch with the civil lawyers at Prime Legal, being one of the best law firms in Bangalore. 

 

What is a Civil Case?

A civil case occurs when one party, the plaintiff, brings a legal remedy against another party, the defendant, for infringement of a legal right, breach of a legal obligation, or breach of a contract that does not constitute a case of crime. Civil cases deal with private legal disputes and seek resolutions that may include compensation, injunctions or specific performance. Some common examples of civil cases are disputes related to property, breach of contract, landlord-tenant disputes, defamation, infringement of intellectual property and family-related cases (such as divorce or succession). Civil cases will generally be decided in accordance with the Code of Civil Procedure, 1908 (CPC). To learn more about the different types of civil cases, and the types of remedies available for such cases, please visit the different types of civil disputes in India. 

 

When to Bring a Civil Action?

When to File a Civil Case? It is useful to have general knowledge about when to commence a civil case in India to protect your rights and obtain a timely remedy and resolution to your legal issues. In general, you would want to start a civil case when:

Violation of Rights or Contracts:

If a right under any common law, or a contract that you had is violated, and you are unable to resolve your concern by making a simple phone call, or through mediation, or by a notice for a legal action.

 

Common Circumstances of Civil Claims:

Property interests or unlawful occupation. Encroachment or disputes regarding ownership. Violation of contract or money owed. Damage to reputation or defamation. Trespass or unlawful intrusion or interference. Family or inheritance issues including partition, or succession.

 

Filing Purposes:

If a person executes an act, or fails to execute an act which then caused you an economic loss, or caused you to violate a civil right, then you have a pathway to court for seeking damages, restitution, an injunction or specific performance, or some variety of relief on behalf of your claim.

 

Evidence:

You should obtain and preserve a sufficient amount of evidence in the form of documents such as, contracts, receipts, emails, pictures or witness statements from others in order to introduce as evidence in court. In India, Courts usually rely heavily on documentary evidence to review and evaluate civil litigation.

 

Legal Precautions and Timelines:

If you file a lawsuit without sufficient evidence on your claim, you could either end up being dismissed or delayed. Once you have a civil lawyer with enough experience they will draft your claim properly, as admissible evidence in Court, and your claim will be filed within a reasonable time frame as per the limitation rules set out in the Code of Civil Procedure, 1908.

However, if you really think it through and obtain professional legal advice, you can successfully traverse through the civil litigation process in India, and protect the perimeters of your legal rights.

 

Step-by-Step Process to File a Civil Case in India

If you are looking to understand how to file a civil case in India, the Civil Procedure Code, 1908 (CPC) is the law that will provide you with a process to follow. Here is a simplified overview of each step in the process. 

a) Consultation with a Civil Lawyer:

First and foremost, you should consult with a lawyer who can tell you whether you have a matter with reasonable chances of success. The lawyer will understand your matter, and go through any documents you give them. They will inform you what is the remedy you are seeking, and which court has jurisdiction to hear your type of matter. 

 

b) Drafting of Legal Notice:

If you are proceeding all the way to court, your lawyer will send out a legal notice (often called notice of demand) to the defendant before starting a civil case. The legal notice will state your grievance and what you are claiming – basically making a demand. It will also provide the defendant with reasonable time to resolve the dispute before you take any further action. Once a legal notice is sent, the parties may resolve the matter, without you ever having to start a case.

 

c) Drafting the Plaint:

If needed, you will need to draft the plaint which is written complaint. The plaint will typically include information such as parties involved, facts of the case, cause of action, jurisdiction of the case, and what the party seeks from the court.

 

d) Filing the Plaint:

The plaint is filed along with relevant documents and affidavits in the appropriate civil court. The relevant civil court will be either where the defendant resides, or the relevant civil court will be where the cause of action arose.

 

e) Fees and Registration:

The plaint will need to have the prescribed court fee under the Court Fees Act, 1870. Once the relevant fee is paid, the court will register the case and assign a case number.

 

f) Summons to the Defendant:

The court will then issue the summons to the defendant informing them of the case and that they must appear in court or submit a written statement within the time period set by the court.

 

g) Written Statement by Defendant:

The defendant submits a written statement answering each claim in the statement of claim and presenting a defense with documents that support the claim.

 

h) Evidence and Hearing:

The two parties would present their respective arguments and witnesses and documents to court. The judge will frame issue(s) and hear both parties and examine evidence in order to determine the fact.

 

i) Decree and Judgment:

The court would then render a judgment once arguments are heard on the merits, and then render a decree for relief for example damages, injunctions or specific performance as appropriate.

 

Important Documents Required 

Before starting a civil action, it is important to have the appropriate documentation prepared for submission and in order. Documentation that is correct ensures the court accepts and considers your case, and the process can then proceed in the proper manner. The documents we seek are as follows: 

1. A copy of the legal notice sent to the other side. 
2. Proof of identity of the plaintiff (Aadhaar card, PAN, etc.). 
3. Any property papers or agreements to, or contracts relating to, the dispute.
4. Any documentation or proof (for your position or response) to support your position. For example, pictures of the dispute, receipts that prove payment or emails sent regarding the transaction. 
5. If you have a number of witnesses (if applicable) that can help support your narrative, a list of those witnesses. 
6. If you organize your documents properly, you will save time and your lawyer will clearly present your case in a convincing manner. If you want further details about documentation we are looking for in respect of particular issues, consult the civil case documentation page.

   

Common Errors to Avoid

Even the strongest case can fail due to a procedural error. Following are some common mistakes you should avoid in filing a civil suit in India:

1. Filing in the wrong jurisdiction – if you file in the wrong court, you may find that you are suing the wrong person, your case may be dismissed, or you may have a delay while the suit is transferred to the right court.
2. Filing without all evidence, or without all the relevant documents – if you file without all relevant evidence and documents, it weakens your case, and it ruins your credibility.
3. Filing without first issuing a legal notice – Courts frequently want proof that you tried to resolve matters, and did not just file for litigation.
4. Failing to take into account the limitation period – if you are out of time for an action by the time you file your case, your claim may be dismissed for that reason alone.

By operating with counsel early in the process, you can avoid these errors. While this can help to avoid all different kinds of mistakes you can make in filing a civil suit, one step, issuing a legal notice is important enough to have a separate article upcoming about the issue.

 

Responsibilities of a Civil Lawyer During the Process

A competent civil lawyer can play an important role during your litigation process, making sure all procedural rules and regulations have been followed and maximizing your chances of success. A lawyer can:

1. Draft plaints and notices with the precise legal language and accuracy of the facts;
2. Represent you in court, cross-examine the witnesses, and articulate your own arguments;
3. Provide advice about evidence, documents, and interim applications during the litigation process such as injunction or stay orders;
4. Help organize settlements or negotiations to save you time and money.

If you seek professional consultation in connection with your case from beginning to end, please reach out to the leading civil lawyers in Bangalore for assistance.

 

What is the Length of Time for the Process?

The duration of a civil case in India is dependent upon various aspects, including the circumstances and the complexity of the case at issue. In general, less complicated cases may take anywhere from 6 months to 2 years for a resolution; however, complicated disputes arising from property matters or contracts may take longer than that. The length of time for resolution could depend on the reasons below: 

1. The availability of judges and the court’s existing schedule
2. The number of hearings and adjournments
3. The level of complexity of the facts and the evidence at issue
4. The timing of the service of the summons or co-examination

Working with a lawyer who is forward-thinking and/or pursuing mediation or other forms of alternative dispute resolution would all shorten the amount of time required to resolve the matter; some of which can also save money. For further information about your time-saving legal options, check-out our dispute resolution service from Bangalore.

 

Cost of Filing a Civil Case in India

The costs involved in filing a civil case depend on the amount of the claim, court fees, and advocate fees which is generally broken down into:

1. Court fees prescribed by the Court Fees Act, 1870, which will be charged based on the relief you are claiming.
2. Advocate fees varies based on the experience level of an advocate, the level of court the matter is at, and the complexity of the issues involved.
3. Documentation costs, which would include notary fees for documents, affidavits and ensuring that you serve your summons.
4. And miscellaneous expenses, which may arise based on the travel involved or photocopying of the records from the court.

You can find out more on Prime Legal consultation fees where you will find a comprehensive estimate and a clear breakdown of what the legal fees can be.

 

Conclusion

When filing a civil case in India, it is important to have a clear understanding of the procedure, time frame and documents required. If you follow the correct procedure ie: send a legal notice; file your case and present all of your evidence, you will have done your best to protect your rights and create a claim for yourself.

You may be dealing with a property dispute, breach of contract or family law matter, the provincial advice of an expert advocate can assist significantly in your matter progressing successfully. For advice specific to your situation and to help with filing your case, make sure you consult with Prime Legal’s law firm who provides expert civil law services.