This article is written by Khushboo Sharma, LLB student of Campus Law Centre, Delhi University during her internship with LeDroit India.

Introduction

If there is a violation of our rights, we take help from the courts for enforcing these rights. Civil courts are more time consuming than the criminal courts, as the court takes help from the Substantive Law, like, Indian Contract Act 1872, The Transfer of Property Act, etc. as well as from the Procedural Law, like, Indian Evidence Act, The Code of Civil Procedure, etc.

The key difference between the Substantive Law and the Procedural Law is that the former states the rights and obligations of the concerned parties and how one should behave and the latter specifies the procedure or process to impose the substantive law or the concerned parties rights and obligations.

Civil Case involves disputes between the parties or businessman over money or any injury has been caused to the party’s personal rights. In a civil case, the parties are recognised as Plaintiff and the Defendant. The plaintiff is the one whose right has been infringed and starts a court case by filing a complaint. The defendant is the one who is at default or has caused harm by his actions to the concerned party.

The plaintiff in the given suit may ask for:

• “damages”, money to be paid by defendant for causing harm to the plaintiff;
• “injunction”, is an order by court which prevents the defendant from doing some action or to require him to do something;
• “declaratory judgement” , an order by court stating the meaning of parties rights under statue.

Types of Cases

Civil courts handle a variety of cases, here are some examples:

• Tort Cases: Tort means a wrongful act or sometimes referred as tortious act. The cases involved are of negligence, medical malpractice, personal injury, battery and many others. Tortious act are those that causes injury to someone’s property or legal right, reputation, etc.; the injured party (plaintiff) is entitled to get damages from the defendant.
• Breach of Contract: If anyone from the contracted parties fails to perform any obligation of the contract, whether the contract is written or verbal, results in breach of contract. For example, failed to deliver the goods on time, payment not made on time, etc. The party who will be at a loss may file a civil suit against the other.
• Equitable Claims: The court by an order prevents the party from doing some action or required to take some action, falls under “equitable claim”. It might be joined with a claim for money.  Cases for a court order to stop the destruction of property, the sale of land, or the marketing to a business’ customers are some examples.
• Landlord-tenant Claims: Any disputes arises between the tenant and the landlord are also being tackled by civil courts, like, the tenant has not paid the rent on time or is suing the landlord to return the security deposits etc.

Steps to File Civil Suit

For example; A wants to sell his mobile phone for rupees $100. B agreed to pay the amount to A without any negotiation. Both entered into a contract. On the day of the delivery, B refuses to pay the said amount to A. Now A can file a suit against B to enforce his civil rights.

Steps involved to file a civil suit are:

1. Presentation of Plaint: This is the first step, where the plaintiff has to file a plaint and states in written the claims against the defendant prescribed under order 7 CPC, 1908. Plaint is a statement of claim or document or memorial by the presentation of which a suit is instituted.
2. Summon to Defendant: If the courts accepts the plaint, then it calls the defendant to appear in the court by serving summon as per order 5 CPC, 1908. Summon means inviting the parties to the court for further hearing.
3. Ex-Parte Order
4. Plaintiff is absent: As per order 9 rule 8, of C.P.C, a court can dismiss the suit if the plaintiff failed to appear before the court even after the service of summons to the defendant.
5. Defendant is absent: After serving of summons, if the defendant fails to appear before the court, the court shall continue with the suit only by hearing the plaintiff.
6. Both parties are absent: The basic rule 3 of order 9 is that the suit should be dismissed when both parties are absent or if a judge has reason to believe that the case should not be Dismiss, it can adjourn to a later date.
7. Written Statement: It is a document containing the pleadings of the defendant as per order 8 C.P.C, 1908 in response to the plaint filed against him/her and highlights the defendant’s side.
8. Examining the Parties: The examination of parties takes place at the first hearing of a civil suit and is a critical stage in a civil proceeding as it is when the court determines and takes on record the plaintiff’s and defendant’s admission or denial of claim and pleading.
9. Framing of the Issues and Production of Documents & Attendance of Witnesses
10. Hearing Of Suit, Examination & Cross- Examination Of The Parties & Their Witnesses: The plaintiff to present his / her case before the court prior to the defendant, this is followed by cross-examination of the plaintiff and his witnesses by the defendant’s advocate prescribe under order 18 C.P.C, 1908.
11. Arguments: This is the final opportunity to present their cases before the court makes it final judgment.
12. Judgment / Decree: The court, after the case heard, shall pronounce judgment in an open court, or the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders.
13. Execution of The Decree: The execution is only considered complete when judgment creditor or decree-holder gets the money or other things awarded to him as a result of the judgment, decree or order.

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