Civil litigation is essential in resolving disputes though Civil Courts where parties seek compensation or damages, typically in monetary form or by way of specific performance. Though often lengthy, it is crucial to ensuring the rights and claims of involved parties are upheld, declared and crystallised. Civil Suits are governed by the procedure as set-out in the Code of Civil Procedure, 1908. This Code not only governs the procedural aspect of Suits but also execution of decrees, attachment or properties, Appeals etc. Section 9 of this Code grants extensive powers to a Civil Court to hear and determine all disputes of civil nature unless expressly or impliedly barred by law.
The process begins with issuing a legal notice to the opposing party, offering an opportunity to resolve matters before formal proceedings start.
The primary aspects to be investigated at the preliminary stages, before entering the Court, is limitation, bar by law, territorial and pecuniary jurisdiction, etc. Where to sue? Whom to sue? Whether any legal requirements are required to be met before suing such person or entity? Whether it is mandatory/directory to make a person/entity a party to a Suit? Etc. are all aspects which go touch the root of a successful case. A litigating lawyer, is instrumental in enabling a client to choose the best remedy available and avoid fundamental flaws, in filing and prosecuting cases.
Once a notice is issued, litigation advances with filing of Plaint. Plaint is nothing but a statement of facts, setting out the case of the Plaintiff and cause of action on which the relief is claimed. In response, a Defendant files a Written statement, setting out their side of the case . Exh. 5 applications, generally known as Interim Applications, are filed seeking injunction orders pendente lite. Considering, the extensively long period of time, it takes for final determination of a Suit, the stage of injunction, often proves to be the most important stage in a Suit. At this stage, it is utmost important, to appoint a good arguing counsel who can convince and invite favourable orders from a Court. Upon completion of pleadings, issues are framed based on the points of differences between the parties, evidence is recorded by examining and cross-examining witnesses and thereafter the case is argued conclusively based on which the Court pronounces a judgment.
One of the most common and efficient way of dispute resolution in a Civil Court is a "summary suit," filed under Order 37 of the Civil Procedure Code, 1908, which expedites resolution, by allowing the Plaintiff to claim a debt, without a prolonged trial, if the defendant lacks a valid defence. This remedy is most viable when, though the Defendant has agreed to the debt however has failed to honour the same.
"Money suits" are another common type of civil litigation, often arising from non-payment of dues or breach of contract. In these cases, plaintiffs seek payment of specific sums owed to them. Civil litigation also covers cases under Section 37 of the Specific Relief Act, 1963, which permits the seeking of injunctions or other specific remedies when monetary compensation is inadequate to remedy the wrong, such as specific performance of a contract or property disputes.
Disputes between landlords and tenants are also effectively determined by provisions of The Maharashtra Rent Control Act, 1999. Important disputes, such as eviction of tenant, recovery of rent, recovery of possession, repair of tenanted premises, amongst others are governed by provisions of the enactment. Similarly succession procedures/disputes, including testamentary cases, also come within the ambit of Civil Litigation. In Maharashtra, civil litigation extends to cases under the Maharashtra Public Trusts Act, 1950, which governs the administration of public trusts. Disputes under this Act often involve management issues, breaches of fiduciary duty, or misuse of trust assets, and have significant implications for the beneficiaries of the trust. Litigation in this area requires in-depth knowledge of both trust law and the Act itself.
A key part of civil litigation is the execution of court judgments. After a Suit is successfully prosecuted by a Plaintiff, a judgment is pronounced based on which a decree is drawn. However, many a times, the real struggle starts after drawing of the decree. A decree has to be executed through a Court, if the Defendant despite determination of the dispute by the Court, fails to honour the decree. After a judgment or decree is passed in favour of one party, the winning party must often go through a separate legal process to enforce it. Execution can involve steps like attaching or selling the defendant’s property or garnishing wages. This process can be challenging and often requires experienced legal professionals to navigate successfully. Interestingly, the Chapter pertaining to execution of decree, is the lengthiest chapter in the entire CPC.