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Know how to file a civil suit

Know how to file a civil suit

India is a democratic country having the primary objective of welfare of its citizens. For the welfare of its people, various laws have been enacted time and again. Laws are enacted for the purpose of protecting the society from crimes as well as to solve the disputes among the individuals. Laws can be classified into two types, i.e. Criminal Law and Civil Law.

Criminal Law deals with the wrongs against the State at large. Whereas, Civil Law deals with the disputes among the individuals. Civil Law is considered to involve various technicalities which are difficult for a layman to understand. It is highly important that one should consult a good civil lawyer to understand their case and the remedies available. In civil cases, the quantum of compensation is highly dependent on the skills of a lawyers. 

Top Civil lawyers in Delhi while briefly explaining the stages involved in a civil suit sate the following:

Procedure and Stages Involved In Civil Suits

  1. Legal Notice: Legal notice is known as an essential element to initiate any legal action or civil proceedings; the objective of the legal notice is to show the intention of the plaintiff to take legal action against the Noticee. Further, it gives a chance to the defendant to solve the dispute before the initiation of legal proceedings. Delivery of legal notice is considered highly important under law before filing a suit and same has been held by the Hon’ble Supreme Court in various cases.  
  2. Plaint: Plaint is known as a document wherein the petitioner states the facts of the case and his claim. The entire machinery under the Civil Law comes into the motion when a plaint is filed before the court. The person who files a plaint before the court is known as Plaintiff whereas the other party is known as Defendant. It is essential that the cause of action is mentioned in the plaint.
  3. Written Statement: After the acceptance of the plaint by the Court, the next step is the submission of the written statement by the defendant. This is again a written document whereby the opposite party explains his side of the story and his defense.
  4. Service of Summons: After the acceptance of the plaint by the court, summonses are issued to the defendant to notify that legal action has been initiated against him and he has to appear before the court on certain day and place. Traditionally the summons was served by the officer personally but in latest judgments of Supreme Court, it was held that the summons can also be served by the means of WhatsApp.
  5. Evidences: After the above-mentioned stages, both parties have to produce the necessary documents and oral statements to corroborate with their case. Examination and cross-examination of witnesses is also done at this stage.
  6. Arguments: After the evidence is produced before the court and the same is examined, then argument initiate in which both the parties argue from their sides.
  7. Judgment: After hearing both sides the Judge comes to a conclusion and gives a decision and pronounces his final decision and passes a decree.
  8. Appeal: If one of the parties is not satisfied with the decision of the Case, he can appeal against the decision of the court, but an appeal may be rejected by the Court if it is unreasonable.
  9. Execution of Decree: The term “execution” has not been defined in the code. The expression “execution” means enforcement or implementation of the order of the court. The execution is complete when the decree-holder gets money or other thing awarded to him by the judgment, decree or order.

The stages mentioned above are considered to be highly vital and the best civil lawyers use best of their skills in all the stages mentioned above.

These guides are not legal advice, nor a substitute for a lawyer. These articles are provided as general guides and effort are made that these guides are helpful to the readers. We do not guarantee that they are accurate or appropriate for your situation, neither do we undertake any responsibility for any loss that might be caused. We recommend not to rely entirely on this information without seeking legal advice.