Disputes Resolution Procedures And Civil Litigation in India: A Study

Disputes Resolution Procedures And Civil Litigation in India: A Study

Civil litigation is a form of claim filed in court initiated by one person (plaintiff) against another person (defendant) in order to settle disputes that exist between the parties. Such disputes include the following origins:

  • Contractual disputes: Any one party may sue another in civil court and seek damages on the grounds of breach of contract in which the other party has made some binding agreements but fence on those agreements.
  • Property disputes: There are many instances where litigations are commenced to settle disputes on matters relating to ownership, occupation or even utilization of a property. This could be fallouts from disputes involving the ownership of land, inheritance, or leasing excess of land.
  • Tort claims: Torts are a classification of civil wrongs that involve a relationship with or damages to another individual or their properties. Typical torts include malpractice, libel, and trespassing.
  • Family law disputes: For example divorce, child custody, and property division are some family law matters that are very often settled in court with the help of family lawyers.

In India, civil disputes are settled through litigation, which fits within a structure formed by the below mentioned laws:

  • Code Of Civil Procedure, 1908 (CPC): This document contains the most important provisions and procedures in civil cases in India: what procedures would be followed in filing a suit, what are the rules of appearing in court, and what procedures will bring a suit to conclusion.
  • Indian Contract Act, 1872: This law is concerned with the concept of a contract, its main ingredients and the remedies for its breach.
  • Specific Relief Act, 1877: This legislation details measures other than damages that may be granted in civil matters: ex parte orders (commands against or for an action), performance orders (making someone do what he/she agreed in a contract) and some orders of closure and lapidary of the status of individuals involved in a legal proceeding.
  • Evidence Act, 1872 (Since Repealed by Bharatiya Sakshya Adhiniyam, 2023): An Act to consolidate and to provide general rules and principles for evidence of a fair trial. This Act outlines how the evidence is to be taken in Civil and Criminal matters and the difficulties arising out from the recording of evidence.
    Civil Litigation Process as Brought Out in the Indian Constitution
    The civil litigation process in India can be divided into the following processes:
    Cases and a suit
    • The concerned persons initiating the litigation goes to the registry of courts and files a plaint, stating the causes, opinions, and supportive facts, of the litigious issues.
    • The court serves the defendant with disguised writ1384 ordering him to respond within the stipulated time by filling paragraphs out of a number of blank pages marked as replies.
    • Here Section 9 of the Code of Civil Procedure, 1908 assumes importance. Section 9 of the Code of Civil Procedure, 1908 states that Courts have jurisdiction to try and adjudicate all suits of Civil Nature unless they are expressly or impliedly barred.
    Written Statements
    • The respondent to the original motion serves out the written response admitting or denying the claims made by the plaintiff’s motion.
    • In case the defendant agrees with the allegations, the case may be resolved without going to trial.
    Discovery and Inspection
    • The parties embark on a discovery stage and obtain relevant documents, information, or experts from each other.
    • This procedure assists in limiting the contours of the disputes and ethererose frustration during the course of the trial.
    Evidence
    • The parties also adduce evidence in support of their cases by calling witnesses and producing documents.
    • A witness may be presented in court in person, or they may be submitted in writing.
    • There may be documents which are tendered for advertisement.
    Arguments
    • The lawyers from both sides of the case canvas their arguments before the bench.
    • They may depend on the evidences that were adduced in the course of the trial, and on the law that has been established.
    Judgment
    • Upon hearing parties to the case, the determination of the court is rendered on the issues of the case in favor of either of the parties.
    • The ruling may give a judgment containing compensatory relief, non-competitive relief, or other forms of relief.

    Important Judgments of the Supreme Court on Civil Litigation
    Civil suits have also not escaped the attention of the Supreme Court of India. Over time, a few examples will include:
    • Hari Vishnu Kamath v. State of Bombay (1951): It is held in this case that any relief not claimed in the plaint cannot be granted by the court.
    • State of Uttar Pradesh v. Mohammedan Wakf Board (1962): This case applied the concept of res judicata in a more proper manner.
    • Rajendra Singh v. State of Uttar Pradesh (1984): This case covered the issue of contempt of court justice administration and jurisdiction power to punish for contempt is very crucial to the court.
    • Dhulabhai Versus State Of Madhya Pradesh (1968): In this case it was held that the Civil Courts have jurisdiction to try all suits of civil nature unless expressly or impliedly barred. This judgment delves into the power of the Civil Courts tor try and adjudicate the Civil Suits.

    Additional Considerations in Civil Litigation
    Alternative Dispute Resolution (ADR): Parties are expected to pursue representative litigation in an attempt to resolve their differences using ADR methods such as mediation or conciliation. Proceedings may take longer. More expensive and less friendly than these measures.

    Limitation Period: There is a time limit within which a civil suit must be filed if a statute of limitations period is clearly established which needs to be taken into account. If you do not sue within the specified time period, you can proceed with the lawsuit with limitations.

    Expenses: Additionally, an unsuccessful party in a civil action may be ordered to pay the other party costs incurred prior to the action. Such costs may be court costs. Legal expenses and attorney fees or witness fees

    Civil litigation is a diverse legal process that requires careful attention to detail. From understanding the complexities of relevant law to effectively presenting evidence and arguments. The complexity can be overwhelming for those unfamiliar with the legal system.

    So, if you are involved in a civil dispute. It is strongly recommended that you seek the advice of a qualified attorney.

    A skilled lawyer can provide invaluable assistance by:
    • Analysis of your case: An attorney will carefully examine the facts of your case. and specify relevant legal principles.
    • Strategy Advice: They will help you develop a good legal strategy. It considers factors such as the strength of your evidence. Possible protection of the opposition and the possible outcomes of the case
    • Represent you in court: A lawyer will advocate for your rights and interests throughout the legal process. including negotiations mediation or a trial in a courtroom
    • Protecting your rights: They will ensure that your rights are upheld and that you are treated fairly throughout the process.

    When consulting with a lawyer You will be able to increase your chances of getting good results. and reduce the stress and uncertainty associated with civil litigation.

    Additional Tips
    • Choose the right court: The right court for your case will depend on the value of the claim and the nature of the dispute.
    • Gather Evidence: Gather all relevant documents and evidence to support your case.
    • Follow the procedural rules: Follow the procedural rules set out in the CPC and other laws related
    • Be patient: The civil litigation process can be long and time consuming