fbpx

Knowledge Base

Everything about a Civil Suit in India

If you are someone who needs to file a civil suit against someone, then there is everything you need to know about it in this article. In addition, you will also come to know how the civil suit is different than the family cases, bail applications, annulment applications, and criminal cases.

civil suit in India

What is a civil suit?

A civil suit is when a case is filed against someone for doing wrong to the other person. The one who files the case and the one on whom the case is filed is known as parties or litigants. It is not like the criminal case where giving punishment is the aim. Anyone can file a civil suit that faced loss or damage. They can be an individual or an organization. You need to file the civil suit in the court nearby. And if the other party is not of your same nation then you need to go to the federal court.

On the whole, for resolving a case, the court will determine the facts of the case to find out what actually happened. After that, the court will apply the appropriate law to those facts.  And based on this application of the law to the facts, the court or jury will make a decision of the legal consequences ultimately flow from the parties’ actions. However, a case can be resolved by the parties themselves as well. Therefore, any time during the course of a case, the parties can agree to resolve their disputes and reach a compromise to avoid the expense of a trial or the risk of losing at trial.

If there is no settlement, the lawsuit typically can take anywhere between one to three years. However, most of the cases are settled at that time. But some lawsuits go longer, and a few lawsuits go more quickly but usually not more quickly than a settlement.

What are the parts of the trial?

These trials can be either only in front of the judge or a jury of 8 persons. The prime parts of the civil trial are jury selection, opening statements, and witness testimony, cross-examination, closing arguments, jury instruction, jury deliberation, and final verdict. Plaintiff is the one who has filed the case against the other party. The defendant is the party against whom the case is. In the court, the plaintiff puts forth his proof and case to the judge. And the defendant needs to defend himself/herself by saying no to the blames of the plaintiff. It is possible that the final decision can be in favor of the plaintiff or the defendant or both the parties. Let us see how they come to the decision of a civil suit.

Finally, the decision takes place by taking the evidence into account. Moreover, the plaintiff will get money for the damage if the case is proved in his/her favor. And the jury or the judge decides the amount.

What are the various kinds of civil suit-cases?

There are various reasons for Civil cases. Civil cases involve conflicts between people or businesses, typically over money. Cases usually involve personal injury, property damage, defamation (damaging someone’s reputation), breach of contract, and landlord and tenant disputes. Moreover, other civil cases include complaints against the city. And all the cases do not go through the trial. Also, efforts are made to settle the case and it is known as Alternative dispute resolution.

Examples of Civil suit cases include :-

  • Personal Injury
  • Negligence
  • Medical Malpractice
  • Fraud
  • Breach of Contract
  • Evictions

How to file a civil suit in India?

Below are the detailed steps for filing a civil suit. Also, the Registry can dismiss the case if failed to follow the correct process.
Here registry means an office which every court has for providing the information about any court matter and court forms”.

In the first step of filing a civil suit in India, the plaintiff writes a complaint called a plaint. Firstly, Plaint should consist of details such as name, address, a subject line which explains about the sections of the law that have been broken, main content which explains the case along with the evidence, and the verification of the main content by the plaintiff which ensures them that the content is valid and true. Secondly, both parties will need to write a Vakalatnama if they have an advocate to present their case to the court. Also, Vakalatnama makes the advocate eligible to fight the case of the civil suit in India. After filing the Vakalatnama, the plaint should be filed.

In the second step of the hearing, the defendant and plaintiff will submit their arguments on a date and that is fixed by the court. In addition, the defendant gives a written statement within 30 days. Also, the plaintiff must write against every statement in the replication. Then, a replication should specifically deny the allegations and contentions raised in a written statement. And if something is not specifically and explicitly denied is deemed to be accepted.

Final Hearing

The court forms the issues in this step. Firstly, the court considers these issues during every hearing one after the other. And both parties have to present the witness within 15 days. Then all the witnesses come to the court for the final hearing. Specifically, the arguments on the day of the final hearing are only about the issues. Moreover, both the parties can file an appeal, reference, or review.

This is everything you need to know about the civil suit. Hence, it is very significant that you fight for your cause rather than just suffer in silence.  And, if you are looking for a reliable lawyer, you can find one for free in our platform by registering here.

Try our all-in-one Legal Practice Management Software       Free Sign Up Now!

by Pranav Haldar

Leave a Reply

Your email address will not be published. Required fields are marked *

© All rights reserved

Legodesk is owned by Legodesk Technologies Private Limited,

under the Companies Act, 2013. It is not a law firm and does not provide legal advice. It neither endorse, solicit work of any Lawyers, Law Firms, and Legal Professionals. The use of any materials or services or software is not a substitute for legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter.