Civil law comprises of substantive and procedural law. The Code Of Civil Procedure, 1908 is the prime legislation which deal with civil procedural law. Other legislations include Evidence Act, 1872, General Clauses Act, 1897, Interpretation Of Statutes Act, 1957, Limitation Act, 1963, Partition Act, 1893, Specific Relief Act, 1963, Bankers Book Evidence Act, 1891, Commercial Documents Evidence Act, 1939, Easement Act- Indian Easements Act, 1882, Suits Valuation Act, 1887.
The Civil matters are categorised as Civil Suit or Petition (Civil). Similarly, certain specific terms are used for the one who files a Civil case in the Court of law, as also for the one against whom a Civil Case is filed. The one who files the Case is called, “Plaintiff” or “Petitioner” and the one against whom the Case is filed is called “Defendant” Or Respondent. The use of the said terms depends from case to case.
Civil Courts are the forum for deciding any and every kind of civil dispute between two warring parties. The type of the Cases which are governed by the civil laws are as follows: Suits Relating To Property; Suits For Damages & Compensation; Suits For Specific Performance Of Contracts; Suit For Damages And Breach Of Contracts; Suits For Specific Reliefs; Suit For Rendition Of Account; Suits For Rights Of Franchise; Suits Against Wrongful Dismissal From Service; Suit Seeking Stay On Transfer Of Service; Petition For Restitution Of Conjugal Rights; Petition For Dissolution Of Marriages; Petition For Eviction of Tenant; Petition For Child custody; Etc.
The Civil Courts include the following Courts & Judges: District Judge, Additional District Judge, Civil Judge, Senior Civil Judge, High Courts of various states. The Civil Courts have ample power to adjudicate upon the matters of Civil nature, including inherent powers under Section-151 of the Code of Civil Procedure, 1908. The Courts try cases under Original Jurisdiction and entertain Appeal, Reference, Review & Revision under appellate jurisdiction.
Jurisdiction of a Civil Court depends on several factors, namely, where the cause of action arose, where the suit property is situated, the value of the suit property, etc. Jurisdiction can also be classified as Original Side, Appellate, Extra Ordinary, Constitutional & Inherent Jurisdiction.
Lets familiarize with the check list for filing a civil Suit. The law offices generally ensure that the following documents are there on the record of the Civil Suit or the Civil Petition and those are well in order before the case is filed in the Court Registry- Vakalatnama, Court Fees, Supporting Verification clause & Affidavits, etc., Correct Provisions of law, Photocopies of the Judgments cited in the plaint, etc.
On filing of the Civil Suit or the Civil Petition, the matter gets listed before the concerned civil Court for hearing and the Court summons the defendant/ Respondent after ensuring that the Suit/ petition is well in order and is filed in consonance with the legal provisions, as contained in the Code of Civil Procedure, 1908. The presence of the Plaintiff/ Petitioner is not mandatory. The lawyer of the Plaintiff/ Petitioner is competent to do the needful. However, the Plaintiff/ Petitioner got be present before the court if specifically directed by the Court so to do.
The Defendant/ Respondent on its part files the Written Statement to the Plaint/ Petition of the Plaintiff to which the Plaintiff/ Petitioner files “Replication” and it is where the pleading of the Case gets completed and the matter becomes available for trial. The trial in a Civil Case begins with framing of the “Issues”.
The Defendant/ Respondent raise the following preliminary objections to the Plaint/ suit, seeking its out right dismissal, at the very threshold by taking following pleas- The plaint is time barred, the plaint is bad for mis-joinder and non-joinder of the parties, etc.
In many Cases, rather in most cases, the Plaintiff/ Petitioner pleads for an interim relief from the Court in the form of ‘Injunction’ or ‘Stay’. The Court has to decide the interim Application before proceeding with the Trial. The Application for Injunction or Stay lie in the Court Under Order-XXXIX, Rule-1 & 2 of the Code of Civil Procedure, 1908.
The stages of the proceeding before the Court of law are well set in the Code of Civil Procedure, 1908 for the following tasks: Filing Of Documents, Framing Of Issues, filing List Of Witness, examination and cross examination of plaintiff witnesses [PE], examination and cross examination of Defendant witnesses [DE], Final Hearing, etc, passing of final order and judgment.
Either of the parties- Plaintiff or Defendant could resort to the appellate avenues- Appeal, Reference, Review & Revision, all well laid down under the Code of Civil Procedure, 1908. There is a well set procedure fir filing of Appeal, Review and Revision, etc., like what should accompany an Appeal, Reference, Review & Revision, and in what time limit they got to be filed. The Appellate Courts include the following: the District Judge, Additional District Judge, High Courts of various states and the Hon’ble Supreme court of India.
The law in regard to the “Execution” of the Court Orders/ Judgments/ Decree is distinctly laid down in the Code of Civil Procedure, 1908.
