Overview of Civil Suit Process

Aug 18, 2024

Introduction to Civil Matters

  • Most civil matters in our country are related to land or property issues.
  • Other matters: Family cases, debt recovery, IPR, etc.
  • In a civil case, we seek to obtain our right or claim compensation from the defendant.
  • Our goal here is not to punish the defendant.

Process of Filing a Civil Suit

Initial Stage

  • One party claims that they have suffered damage due to an act by another party.
  • By filing a suit in court, the party seeks relief.
  • This process is according to Order 7 of the CPC.

Filing Process

  • Plaint Filing:
    • The plaint must be filed in the appropriate court with the correct court fee.
    • If everything is in order, the court issues a summons or notice against the defendant.

Departmental Process

  • At the time of filing, the court provides a lodging number and stamp number.
  • The checking department inspects the file:
    • The filing deadline has not expired.
    • It has been filed in the correct court.
    • The appropriate court fee has been paid.

Summon Process

  • Upon issuance of a summons, the defendant must appear in court.
  • If the defendant does not appear, ex-parte proceedings are initiated.

Defendant's Response

Written Statement

  • The defendant must file a written statement within 30 days of receiving the summons.
  • In the written statement, the defendant responds to the claims.
    • If the defendant does not specifically deny something, it is considered accepted.

Set-off or Counterclaim

  • If the defendant makes a set-off or counterclaim, the plaintiff must file an application again in court.

Hearing and Final Decision

Hearing Process

  • All documents and witnesses are presented in court.
  • Witnesses undergo cross-examination.
  • After the final hearing, arguments between both parties take place.

Judgment and Decree

  • Judgment is given within 30 days.
  • The judgment addresses the issues of the suit.
  • The decree grants rights and relief to the parties.

Appeal Process

  • If any party is not satisfied, they can opt for review, revision, or appeal.

Other Important Information

  • Many applications can be submitted to the court as soon as the suit is filed.
  • The parties can apply for mutual settlement or reconciliation in the court.
  • The next video will discuss the process of cases under the 138 Negotiable Instrument Act.