Civil law in India is concerned with conflicts between individuals,
organisations, or both, in which the individual's or organization's rights and
liabilities are determined. In some civil proceedings, the victim may also be
given compensation, apart from the remedies he has sought for.
The evolution of
Civil Law in India has greatly been influenced by English law (common law
countries like the UK & the US), Roman law (broader principles of law), parts
of India where Portugal and French rulers had control - Portuguese law, and
French law. India is a country governed by Common Law tradition that means
precedent in following the judgments, power of investigation vests with
investigating agency, and the role of the judge is that of the neutral
adjudicator. The other systems applicable in the countries are Civil Law,
Islamic Law etc. where the administration of justice is different from the
common law system.
The governing principle of Civil Law is that where there is a wrong there is a
remedy. Code of Civil procedure is the procedural code in general for Civil
proceedings in India. The procedural law in Civil Law is the Code of Civil
Procedure and the substantive law can be Hindu Marriage Act, Indian Succession
Act, Indian Contract Act, etc. The Indian Evidence Act is adjective legislation
that governs substantive law pleading, evidencing, and process.
Important steps in filing a Suit under civil law, and the related provisions of
CPC:
- Section 9, Code of Civil Procedure empowers Civil Court to try any civil
matter in its jurisdiction which is not expressly barred in Law
- Jurisdiction:
Civil court/ Tribunal shall have territorial and
pecuniary jurisdiction to hear the matter. Whereas, the proceedings before the
civil court is governed by CPC and substantive law. Hearing before a tribunal is
governed by provisions given the Act;
- Plaint:
The filing of the plaint is the first step to institute a Suit
before the Civil Court. The plaint shall contain a factual summary of the
case which is filed by the plaintiff, cause of action, and jurisdiction of the
competent court. The supporting documents shall be affixed with the plaint;
- Rejection of Plaint:
Order 7, Rule 11, CPC describes the conditions
under which a plaint can be rejected;
- Written Statement:
The plaint is replied through a written statement submitted by the defendant
and Cross Suit if applicable
- Rejoinder:
The plaintiff has an opportunity to file a rejoinder if any
by the plaintiff;
- Miscellaneous applications:
The parties are entitled to file
applications under the relevant provisions of CPC to get a specific relief or
direction (eg: Section 151, CPC);
- Evidence-Plaintiff:
The oral and documentary evidence at first is led
by the Plaintiff that is called plaintiff's evidence;
- Evidence-Defendant:
The oral and documentary evidence is led by the
Defendant after the plaintiff and it is called defendant's evidence;
- Rebuttal Evidence:
After the evidence of the defendant, the plaintiff
can adduce rebuttal evidence, but it cannot be allowed to fill lacunae;
- Arguments:
It is raised by the plaintiff and thereafter by the
defendant. The plaintiff gets an opportunity for rebuttal arguments;
- Judgment and Decree:
The Civil Suit is culminated by judgment and
decree of the Civil Court. Judgment without decree is unenforceable in Law;
- Execution:
The judgment and decree of the trial court is implemented
through the order of the executing court. The executing court has modes to
implement the judgment and decree of the trial court;
- Reference:
Trial Court under section 113, CPC can seek clarity of the
provisions of any substantive or procedural law if there is an ambiguity exists
in the statement of Law;
- Review:
Section 114, CPC has extremely limited scope to review its
judgment. It is primarily meant for the correction of typographical errors or
the review provisions as mentioned under Section 114, CPC, for eg: error
apparent on the face of the record;
- Revision:
Section 115, CPC can be invoked when there is no remedy of
appeal or confined to the provisions of 115, CPC;
- Civil Appeal/First Appeal:
It is preferred against judgment and decree
of the trial court before the district judge by applying the provisions of CPC;
- Regular Second Appeal:
It is filed before the Hon'ble High Court under
section 100, CPC for adjudicating substantial questions of Law;
- Special Leave Petition:
It is filed before the Hon'ble Supreme Court on
pure questions of law;
- Limitation:
It applies to the filing of a Suit and also, on the
appeals, revisions etc. The condonation of delay is not applicable on the filing
of a suit, but there is judicial discretion to condone the delay in filing the
appeals or revisions.
A few examples of Suits are given below:
Suit for declaration and injunction, if needed: the declaratory suits are filed
before a civil court to seek adjudication under civil law to determine the
rights and duties of an individual or organization. The major area of litigation
is property law which includes title Suits. In intestate succession, the
property among legal heirs gets distributed according to personal laws
applicable upon the individuals, and civil courts have jurisdiction to conduct
the trial. The cases involving modes of transfer of property in a sale,
mortgage, lease etc. can be decided as per the provisions of the Transfer of
Property Act by the civil courts. The contracts and agreements are governed by
Indian Contract Act and jurisdiction lies with the civil courts;
Suit for permanent/mandatory/temporary injunctions on a legal basis like
ownership: Injunctions are reliefs sought under the Specific Relief Act and
Order 39, Rule 1, 2, & 3 can be invoked. It is a discretionary relief given to
the plaintiff to avoid an irreparable loss to the plaintiff. The trial court is
duty-bound to examine 3 points:
- whether the plaintiff has a prima facie case;
- whether the balance of convenience is in favour of the plaintiff; and
- whether the plaintiff would suffer an irreparable injury if his prayer
for interlocutory injunction is disallowed.
Other Civil proceedings before tribunals:
Petition for Eviction or mense profit before Rent Controller: The matters
related to tenancy are usually adjudicated as per Rent Control Act by Rent
Controller. The grounds for eviction can be non-payment of the Rent and/or
personal necessity or governed by the Rent Agreement;
Land acquisition proceedings under Land Acquisition Act: The acquisition of land
is adjudicated under the Land acquisition rehabilitation & resettlement Act and
it will be addressed by Deputy Collector. The challenge to the land acquisition
proceedings is made before the High Court;
Company matters: The issues related to companies are adjudicated by the company
tribunal under Company Act and the appeal lies before the NCLAT;
Consumer Forum: Consumer disputes are addressed before the consumer redressal
forum i.e. District, State, and National Consumer Forum depending upon the
pecuniary jurisdiction.
End-Notes
- https://www.thelawcodes.com/civil-lawyers-in-chandigarh/
- https://www.thelawcodes.com/bare-acts/the-code-of-civil-procedure-1908/
Written by: Rohit Samhotra | The Law Codes
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