Process of civil cases file and trial in India

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India has a well-established statutory, administrative and judicial framework for civil trials. Indian Penal laws are primarily governed by 4 Acts:

  1. The Code of Criminal Procedure, 1973 (Cr.P.C.);
  2. Code of Civil Procedure 1908 (CPC).
  3. The Indian Penal Code, 1960 (IPC);
  4. The Indian Evidence Act, 1872 (IEA).

Keywords: - Criminal Case, Cr.p.c, IPC, IEC, Police Station, Session Court, High Court

Abstract: - Civil cases involve conflicts between individuals or institutions, particularly over money matters. The lawsuit begins when a legal person claims to have been harmed by another person's actions or business and asks the court to release him or her by filing a "complaint". Most community suits are governed by the well-established principles of the Community Policies Code.

Generally, there are six main categories involved in civil court. These categories are listed below:

 

1.Preliminary Submissions: The first stage of submission is where the dispute arises and the parties make a claim, try to negotiate the matter between them without getting legal help. However, if they fail to reach a decision, the parties are preparing to take legal action.

2.Initial appeal: At this stage, one party submits a paper / document i.e., an appeal to initiate a court action, and the other party submits its response to that complaint i.e., a proposal or response.

3.Discovery: In this section, both parties exchange documents and answers submitted by the court and learn about the strengths and weaknesses of the other side.

4.Pre-Trial: During this time, both parties begin to prepare for the trial, receiving their testimony and witnesses respectively. Even at this stage they can participate in a particular court settlement conference, after such an effort the parties can submit to the court a resolution to resolve the case or reduce the issues that will be heard.

5.Trial: In this case, the case is being heard by a judge or magistrate (which may take several hours or a few months, depending on the severity of the case), the witnesses are examined, the evidence is presented, and the case is decided.

  1. Post-Trial: At this stage, one or both parties may appeal against the decision.

We can under the with help of legal flow chart of civil cases filing and trail in the Indian courts:- 

However not all civil cases follow these categories. Some cases, such as summary suits, have different procedures set out in the Code of Civil Procedure.

  1. The process of the trial of a civil case and its different stages is given in the Code of Civil Procedure 1908 (CPC).
  2. Court may grant time and adjourn hearings, with or without cost (Order XVII CPC).
  3. The decree and the orders of the Court can be executed through forcible measures by Court under Order XXI of CPC, in which the complete process of the execution has been given.
  4. The suit can be withdrawn or compromised at any point of time, under Order XXIII of CPC.
  5. Under Order XXVI, an application may be filed before the Court for appointment of a Commissioner for


    1. Examination of Witness;
    2. Local Investigations;
    3. Scientific Investigations;
    4. Performance of a ministerial act;
    5. Sale of movable or immovable party;
        At the cost of the party seeking appointment.

The Local Commissioner, appointed by the Court, is considered to be an officer of the Court having all powers, which a Court Officer can exercise.

  1. Under Order XXXIX of CPC, the Court can pass TEMPORARY INJUNCTION AND INTERLOCUTORY ORDERS, for
    1. Preserving the subject-matter of the suit;
    2. Preventing the Defendant from removing or disposing of his property;
    3. Preventing irreparable loss or injury;
    4. Prevent continuation of the breach of any right.

* The flow chart may not be exactly as per rules and does not account for all eventualities.

Researcher and Writers: -

Eng. Devendra Chaudhary*, ACA Jayesh Sharma*, Advocate (Raj. High Court) Sandeep Nirwan**, Sc. Prakash Chand Sharma****

Designated Partners & Associate Techlam Legal Business (TLB) LLP

 Mobile: +91 9116098980/9119112929 email: info@zumosun.com

DISCLAIMER:

While every care has been taken in the preparation of this information/report/flowchart/presentation/video to ensure its accuracy at the time of publication ZUMOSUN SOFT GROUP, Techlam Legal Business (TLB) LLP assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this informations/report/flowchart/presentation/video nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that may be required before acting on any matter. Professional advice must be taken before acting. This information/report/flowchart/presentation/video is for general guidelines only.

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