Mara Vakil
Mara Vakil
Loading, please wait
Mara Vakil · loading
Civil court · Commercial court · Arbitration · High Court

Civil Lawyer in India

Unpaid money, a broken contract, a false publication, a government order passed without hearing you: most disputes in life are civil, not criminal, and they are won on paperwork and timing. This guide explains, in plain words, how legal notices, recovery and summary suits, contract claims, injunctions, commercial courts, arbitration, appeals and execution work in India, and what to do first. When you are ready, describe your matter in the form and an enrolled advocate who handles civil cases can call you. It is free for clients.

  • Free for clients, always
  • Advocates' enrolment checked before listing
  • Your number goes only to the advocate who accepts
Talk to a civil advocateFree for clients. Takes a minute.

Mara Vakil is not a law firm and does not give legal advice. Any fee is agreed directly with the advocate.

Civil cases in India: the short answer

  • A civil case is about rights and money, not punishment. You ask a court to order someone to pay, to do something, to stop doing something, or to declare your legal position. Nobody goes to jail for losing a civil suit.
  • Most disputes should start with a legal notice. It often settles the matter, and against the government it is compulsory, with a two-month wait under Section 80 of the Code of Civil Procedure.
  • Time limits are strict. Most claims for money due under a contract must be filed within three years. A suit filed late is dismissed however good the claim, and the delay cannot be excused.
  • The right forum saves years. Civil court, commercial court, consumer commission, arbitration, tribunal or a writ in the High Court: each suits different disputes, and choosing wrongly wastes time and court fee.
  • Winning is half the job. A decree must be executed to get the money or property. The Supreme Court has directed executing courts to finish execution within six months.
  • Mara Vakil is free for clients. Describe your matter in the form and enrolled advocates who handle civil cases can see it. Your number goes only to the advocate who accepts.
Enrolment-verified advocates · Free for clients

Need help with your civil cases? Book a free call back from an enrolment-verified advocate.

What a civil lawyer does

"Civil" covers almost every legal dispute that is not a crime. A supplier who has not been paid, a business partner who walked away with the clients, a contractor who left the work half done, a newspaper that printed something false, a government office that cancelled your licence without a hearing, a bank that wrongly debited your account: all of these are civil matters. A civil lawyer is an advocate who takes such disputes to the right forum and sees them through to a decree that can actually be enforced.

Unlike criminal work, where the state prosecutes and the police investigate, in a civil case you carry the case yourself. You must plead your claim properly, prove it with documents and witnesses, and push it forward. That makes the advocate's preparation more important than in almost any other area. A badly drafted plaint can sink a strong case years later, when it is too late to fix.

Assessing the claim

Reading the contract, invoices and messages, working out what you can prove, what the other side will say, and whether the claim is within time.

Notice and negotiation

Sending a legal notice that sets out the claim precisely, answering notices received, and negotiating a settlement where one makes sense.

Choosing the forum

Deciding between an ordinary suit, a summary suit, a commercial suit, arbitration, a consumer complaint or a writ petition, and which court has jurisdiction.

Pleadings and evidence

Drafting the plaint or written statement, collecting and proving documents including electronic records, examining and cross-examining witnesses.

Interim protection

Getting injunctions, attachment before judgment or a receiver so the other side cannot defeat the claim while the case runs.

Appeals and execution

Filing or defending appeals, revisions and reviews, and executing the decree by attachment, sale, arrest or delivery of possession.

Civil practice is wide, and many advocates focus on part of it: commercial and contract disputes, property, family, service matters, or writ work in the High Court. Our property lawyer guide, consumer lawyer guide and corporate lawyer guide cover three of the largest branches separately. This page deals with the general civil machinery that all of them share, and with money, contract and other disputes that do not fit those categories.

Your first week: what to do

Civil disputes rarely need action within hours, the way an arrest does. But the first week still shapes the case, because it is when documents get lost, messages get deleted and limitation keeps running.

  1. Write down the timeline. List every date that matters: the contract, deliveries, invoices, payments, the last acknowledgment of the debt, the first refusal and any notices. Limitation is calculated from these dates.
  2. Gather and preserve the evidence. Collect the agreement, purchase orders, invoices, ledgers, bank statements, emails and chat messages. Export chats with dates, keep the phone, and do not edit or forward selectively.
  3. Check for an arbitration clause. If your contract has one, the dispute will usually go to arbitration rather than a civil court, and the first step is different.
  4. Stop making admissions. Do not send angry messages, partial apologies or promises to pay in instalments without thinking about how they will read in court. An acknowledgment can also extend the other side's time to sue you.
  5. Talk to an advocate before the notice goes out. A legal notice frames the whole case. Claims left out, or figures stated wrongly, can be used against you later.
  6. Ask about interim relief. If the other side is selling assets, leaving the country or about to do something irreversible, ask whether an urgent injunction or attachment is possible.
Enrolment-verified advocates · Free for clients

Have a question about your own case? Talk to a lawyer who handles civil cases. Asking is free.

Kinds of civil disputes and where they go

India has many specialised forums alongside the ordinary civil courts. Several of them exclude the civil court entirely for the disputes they cover, so the first legal question in any matter is where it belongs.

DisputeUsual forumNote
Unpaid money, loans, breach of contractCivil court; commercial court if a commercial dispute above the threshold valueSummary suit possible for debts on written contracts and cheques
Contract with an arbitration clauseArbitral tribunalCourts can still grant interim relief and appoint arbitrators
Defective goods or poor service bought for personal useConsumer commissionCheaper and faster for consumers; civil suit also possible
Bounced chequeCriminal complaint under Section 138 and, separately, a civil or summary suitBoth can run together
DefamationCivil court for damages; criminal court for prosecutionInjunctions against publication are granted sparingly
Road accident compensationMotor Accidents Claims TribunalClaims must be filed within six months of the accident
Action by a government bodyWrit petition in the High Court, or civil suit after a Section 80 noticeWrits suit questions of law and fair procedure
Bank recovery above the thresholdDebts Recovery TribunalCivil courts cannot hear these claims by banks
Company and insolvency mattersNational Company Law TribunalIncluding insolvency petitions by creditors
Service matters of government employeesAdministrative tribunalsCentral and state tribunals hear most service disputes
Property, partition, possessionCivil courtSee our property lawyer guide

Where two forums are open, the choice is strategic. A consumer complaint costs little in fees and can be filed without a lawyer, but awards compensation rather than every remedy a civil court can give. Arbitration is private and can be quicker, but the arbitrators' fees are paid by the parties. A commercial court has tight timelines but strict rules on pleadings and documents. An advocate weighs these against your goal, which may be speed, the full amount, a precedent or simply leverage for a settlement.

The legal notice: the first move in most disputes

For most private disputes, the law does not require a notice before you sue. Advocates send one anyway, because it works. A clear notice from an advocate tells the other side that you are serious, sets out the claim in a form you will stand by in court, and gives them a last chance to pay or perform. A large share of money disputes end at this stage, sometimes with a negotiated reduction, sometimes in full.

When a notice is compulsory

What a good notice contains

The facts, briefly and in order; the legal basis of the claim; the exact amount or action demanded, with how interest is calculated; a reasonable deadline; and what you will do if it is ignored. It should not exaggerate, threaten criminal action without basis, or include claims you cannot prove. Keep the postal receipts and tracking report, or the email delivery proof, because you will need to show the notice was served. Our legal notice service drafts and sends notices, and the reply to legal notice service helps when you receive one.

If you receive a notice

Do not ignore it, and do not reply in anger. A reply drafted with an advocate denies what is wrong, puts your version on record and preserves defences. Silence is not an admission in law, but an unanswered notice can look bad when the court later asks why you said nothing.

Enrolment-verified advocates · Free for clients

Every advocate on Mara Vakil has had their Bar Council enrolment checked before being listed.

Filing a civil suit, step by step

A civil suit begins with a plaint and ends, if the parties do not settle, with a judgment and decree. The Code of Civil Procedure, 1908 governs the journey. Here is how a typical suit for recovery of money moves in an ordinary civil court.

How to file a civil suit for recovery of money in India

  1. Send a legal notice and wait for the deadline. Give the other side a fair chance to pay. Keep proof of delivery and any reply, which will be filed with the plaint.
  2. Confirm the court. Work out which court has territorial jurisdiction, where the defendant lives or works or where the cause of action arose, and pecuniary jurisdiction based on the amount claimed. If the dispute is commercial and above the threshold, it goes to the commercial court.
  3. Draft the plaint. The plaint must state the facts on which you rely, the cause of action and when it arose, why the suit is within time, why the court has jurisdiction, the value of the claim and the relief sought, such as the principal, interest and costs.
  4. Attach the documents and pay court fee. File every document you rely on with a list, along with a verification and, in many courts, an affidavit. Pay court fee under the state law, usually calculated on the amount claimed.
  5. Get summons issued and served. The court registers the suit and issues summons to the defendant by post, courier, process server and, in many courts now, email. You pay the process fee and follow up on service.
  6. Face the written statement. The defendant files a reply, ordinarily within thirty days of service, which the court can extend up to ninety days. The defendant may also claim set-off or file a counterclaim.
  7. Admission, denial and issues. Parties admit or deny each other's documents, and the court frames the issues, the precise questions it must answer.
  8. Lead evidence. Each side files evidence affidavits of its witnesses, who are then cross-examined. Courts often appoint a local commissioner to record evidence to save time.
  9. Argue and get the decree. After final arguments, the court gives its judgment, and a decree is drawn up stating exactly what is ordered, including interest and costs.

At any stage, the court can refer the parties to mediation or Lok Adalat under Section 89, and a settlement can be recorded as a decree. Many courts also hold the first hearings in a mediation centre before the trial begins.

Which court: territorial and money limits

A suit filed in the wrong court is returned or dismissed, and the time spent counts against you. Two questions decide the court.

Where

Under Sections 15 to 20 of the Code, a suit is filed in the lowest competent court. Suits about land go where the property is situated. Other suits can be filed where the defendant resides, carries on business or personally works for gain, or where the cause of action arose in whole or in part. A contract can choose between two courts that both have jurisdiction, and courts will generally respect that choice, but parties cannot confer jurisdiction on a court that has none.

How much

Each state fixes the money limits of its civil judges, often in two tiers called civil judge junior division and senior division, or similar names. In a few High Courts, such as Delhi, Bombay, Calcutta and Madras, the High Court itself hears civil suits above a certain value on its original side. Cities also have small causes courts for low-value money claims, with simpler procedure and limited appeals. The value you put on the suit decides both the court and the court fee, so it must be stated honestly and calculated correctly.

Commercial courts

A commercial dispute of a specified value of three lakh rupees or more goes to a commercial court or a commercial division of a High Court. The definition is wide: it covers ordinary transactions of merchants, bankers and traders, export and import, construction and infrastructure contracts, franchising, distribution, partnership agreements, technology development, intellectual property, insurance and agreements about immovable property used exclusively in trade or commerce, among others.

Enrolment-verified advocates · Free for clients

Not sure what applies to you? Describe your situation and a verified advocate can call you back.

Limitation and court fee for money claims

The Limitation Act, 1963 sets the time within which a suit must be filed. Section 3 requires the court to dismiss a suit filed late, even if the defendant does not object. Unlike appeals, the delay in filing a suit cannot be condoned.

ClaimPeriodStarts from
Money lent3 yearsThe date of the loan, or the date fixed for repayment, depending on the terms
Price of goods sold and delivered3 yearsDelivery, or expiry of the agreed credit period
Money payable for work done3 yearsWhen the work is done, unless a different date is agreed
Balance on a mutual, open and current account3 yearsThe close of the year in which the last item was entered
Compensation for breach of contract3 yearsThe breach
Defamation1 yearPublication of the statement
Compensation for other civil wrongsGenerally 3 yearsWhen the wrong occurs or the damage results, depending on the wrong
Any suit with no specific period3 yearsWhen the right to sue accrues, under Article 113
Execution of a decree12 yearsWhen the decree becomes enforceable

How time can be extended

Two rules often rescue an old debt. Under Section 18, a written and signed acknowledgment of the liability, made before the period expires, starts a fresh period from the date of the acknowledgment. Under Section 19, a part payment made before the period expires does the same, if the payment is acknowledged in the payer's handwriting or a signed writing. A WhatsApp message admitting the debt, or a bank transfer of an instalment, can therefore matter a great deal, provided it is proved properly. Time can also be excluded in cases of fraud, or while a proceeding was being pursued in good faith in a court without jurisdiction.

Court fee

Court fee is a state subject. For money suits, most states charge ad valorem court fee, a percentage of the amount claimed on a sliding scale, sometimes with a cap. It is paid when the plaint is filed, usually through e-stamping or e-court fee. For a large claim, court fee can be a significant cost, and it is one reason creditors sometimes prefer a cheque bounce complaint, a consumer complaint or arbitration. If the case is settled through mediation or Lok Adalat, a refund of court fee is usually available.

Recovering money: ordinary suit, summary suit and safeguards

Unpaid money is the most common reason people look for a civil lawyer. A friend who borrowed and stopped answering, a client who took delivery and never paid, a builder who kept an advance, an employer who withheld dues: the legal tools overlap, and choosing the right one decides how fast you see the money.

Summary suit under Order XXXVII

The Code provides a faster track for clear money claims. A summary suit can be filed for a debt or liquidated amount payable under a written contract, on a bill of exchange, promissory note or cheque, or on a guarantee. The difference from an ordinary suit is that the defendant cannot simply file a written statement. After appearing, the defendant must apply for leave to defend, showing a substantial defence or a genuine triable issue. In IDBI Trusteeship Services v. Hubtown (2016), the Supreme Court explained that leave is refused where the defence is frivolous or vexatious, and may be granted on conditions such as depositing the amount where the defence is doubtful. If leave is refused or not sought in time, the plaintiff gets a decree straight away. For a creditor with signed documents, this can turn years into months.

Cheque bounce: criminal and civil together

Where a cheque given for a debt has bounced, the creditor can file a criminal complaint under Section 138 of the Negotiable Instruments Act and, at the same time, a summary or ordinary suit for the money. The criminal complaint has strong leverage, because the court can order interim compensation of up to twenty percent of the cheque amount and conviction can carry imprisonment or a fine up to twice the amount. The civil suit recovers the debt with interest. The two do not cancel each other out.

Protecting the claim while the case runs

Interest

Under Section 34 of the Code, the court can award interest on the principal from the date of the suit to the decree, and further interest until payment. In commercial transactions it may follow the contractual rate. Interest before the suit depends on the contract, trade usage or a statute such as the MSMED Act, which gives micro and small enterprises compound interest at three times the bank rate on delayed payments by buyers. MSMEs can also refer disputes to the state's Micro and Small Enterprises Facilitation Council.

Breach of contract and damages

The Indian Contract Act, 1872 governs most agreements, written or oral. When one party fails to perform, the other can usually claim damages, and in some cases ask the court to compel performance.

RemedyWhen it appliesWhat to prove
Damages under Section 73Loss that arose naturally from the breach, or that both parties knew was likely when they contractedThe breach, the loss, and that it was not too remote; you must also have taken reasonable steps to reduce the loss
Agreed damages under Section 74The contract names a sum for breach, or a penaltyCourts award reasonable compensation up to that sum, not automatically the full figure
Specific performanceDamages are not enough, such as in sales of land or unique goodsA valid contract and your readiness and willingness to perform
Refund of money paidThe contract fails or is void, or performance becomes impossiblePayment and the failure of the contract
InjunctionTo enforce a negative promise, such as not to compete during the contract or not to disclose confidential informationThe promise and the threatened breach

Three points trip people up. First, clauses that restrain a person from carrying on a trade or profession after a contract ends are generally void under Section 27, except in narrow cases such as the sale of goodwill. Second, when performance becomes impossible through an event beyond the parties' control, Section 56 can discharge the contract, but courts apply this narrowly, and a contract that has simply become more expensive is not frustrated. Third, oral agreements are valid for most purposes, but proving them is hard. Emails, messages, payments and conduct can show what was agreed.

Our partnership deed service helps put business relationships in writing before they go wrong, which is still the cheapest form of dispute resolution.

Enrolment-verified advocates · Free for clients

Clients never pay Mara Vakil. Posting your matter and the call back are free.

Injunctions: stopping harm before it happens

An injunction is a court order telling someone to do, or not to do, something. In civil practice it is often the most important relief, because by the time a suit is decided, the harm may be done.

Injunctions are discretionary, and conduct matters. A plaintiff who delays, hides facts or comes to court with unclean hands can be refused relief. A defendant who disobeys an injunction can be punished under Order XXXIX Rule 2A with attachment of property or detention in civil prison, and can face contempt proceedings. If you expect someone to rush to court against you, a caveat ensures you are heard first.

Defamation, negligence and other civil wrongs

Some civil cases arise without any contract, from a wrong done to you. Indian law on civil wrongs, or torts, is mostly built by judges following English common law.

Defamation

A false statement that harms a person's reputation, published to others, can lead to a civil suit for damages and an injunction, and separately to a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita. Truth, fair comment on matters of public interest and privilege are the main defences. The civil suit must be filed within one year of publication. Courts are cautious about injunctions that stop speech before trial, especially against the press, and grant them only where the statement is clearly false and the harm serious. For online posts, the platform can also be asked to remove content under the IT Rules. Our cyber lawyer guide covers online defamation and takedowns.

Negligence

Anyone who owes you a duty of care and breaches it, causing loss, can be sued for negligence: a builder whose wall collapses on your car, a hospital, a school, a municipality that leaves a drain open. Medical negligence claims are commonly filed before the consumer commission rather than a civil court, because it is cheaper. Road accident claims go to the Motor Accidents Claims Tribunal, which must receive the claim within six months of the accident.

Nuisance and other wrongs

Unreasonable interference with the use of your property, such as noise, smoke or water seepage from a neighbour, is a nuisance that can be restrained by injunction. Malicious prosecution, where someone sets the criminal law in motion against you without reasonable cause and with malice, and the case ends in your favour, can also found a suit for damages.

Enrolment-verified advocates · Free for clients

Your mobile number goes only to the advocate who accepts your request, not to everyone.

Commercial courts: business disputes on a faster track

The Commercial Courts Act, 2015 created a separate track for business disputes, with procedure designed to cut delay. If your dispute is commercial and worth three lakh rupees or more, it is likely to be heard here, and the rules are noticeably stricter than in an ordinary suit.

FeatureWhat it means for you
Pre-institution mediation under Section 12AUnless you need urgent interim relief, you must first try mediation through the legal services authority. The Supreme Court held in Patil Automation v. Rakheja Engineers (2022) that this step is mandatory.
Written statement deadlineThe defendant has 30 days, extendable to a hard limit of 120 days from service. After that, the right to file a written statement is lost.
Disclosure of documentsAll documents in a party's power and possession, including adverse ones, must be disclosed with the plaint or written statement on a statement of truth.
Case management hearingThe court fixes a timetable for evidence and arguments, and parties are expected to keep to it.
Summary judgment under Order XIII-AEither party can ask for judgment without trial where the other side has no real prospect of success.
CostsCosts follow the event more strictly, and conduct such as delay or frivolous claims is penalised.
AppealsAn appeal lies to the commercial appellate court or division within sixty days, and the Act aims for appeals to be decided within six months.

Commercial litigation rewards preparation. A plaintiff who files without every document risks being unable to rely on it later, and a defendant who misses the deadline loses the chance to put a defence on record. Engage an advocate early, ideally before the mediation notice.

Arbitration: when your contract sends the dispute out of court

Many business contracts, loan agreements, franchise deals and construction contracts contain an arbitration clause. Under the Arbitration and Conciliation Act, 1996, if one party files a civil suit despite a valid arbitration clause, the court must refer the parties to arbitration when the other side applies under Section 8, before submitting its first statement on the merits.

How arbitration runs

  1. Notice invoking arbitration. The claimant sends a notice naming the dispute and proposing an arbitrator or asking the other side to appoint one as the clause provides.
  2. Appointment. If the parties cannot agree, the High Court, or the Supreme Court in international matters, appoints the arbitrator under Section 11. In Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (November 2024), a Constitution Bench held that clauses allowing a public body to appoint the arbitrator unilaterally, or to force the other side to choose from a panel it controls, offend the principle of equal treatment.
  3. Hearings and award. The tribunal hears the parties and makes an award. Domestic arbitrations are expected to finish within twelve months after pleadings close, extendable by six months by consent and further only by the court, under Section 29A.

Courts still have a role

Arbitration is not always cheaper. Arbitrators' fees, venue costs and advocates' fees fall on the parties. For small claims under contracts with an arbitration clause, ask an advocate whether a settlement, a consumer complaint where available, or institutional arbitration with fixed fees makes more sense.

Enrolment-verified advocates · Free for clients

Deadlines matter in civil cases. Book a free call back today rather than waiting.

Mediation, Lok Adalat and settlement

Most civil disputes end in some kind of settlement, and the earlier it comes, the less it costs both sides. Indian law offers several routes.

Court-annexed mediation

Most district courts and High Courts have mediation centres. The court can refer a pending case under Section 89 of the Code. Sessions are confidential, and nothing said there can be used in the case if it fails.

Mediation outside court

The Mediation Act, 2023 sets out a framework for mediation, mediators and enforcing mediated settlements. Parties can mediate before filing anything, and a settlement signed by them and authenticated by the mediator is enforceable.

Lok Adalat

Organised by legal services authorities, including national Lok Adalats held on fixed dates across the country. An award is final, binding and not appealable, and court fee paid in a pending case is refunded.

Pre-institution mediation

Compulsory for commercial suits that do not need urgent relief, conducted through the legal services authority with a time limit.

A good settlement is written precisely: the amount, dates of payment, what happens if a payment is missed, withdrawal of all cases, and who bears costs. Where a case is pending, have the settlement recorded by the court, so that it becomes a decree you can execute if the other side defaults. A settlement on a plain piece of paper can itself become the subject of a new suit.

Disputes with the government: suits and writ petitions

When the opponent is the state, a municipal body, a public sector company or a statutory authority, there are two main routes.

Civil suit after notice

For contractual claims, recovery of money or compensation, a civil suit can be filed after the two-month notice under Section 80. The government is a party like any other, though it often takes longer to respond. Time limits for suits against the government are mostly the same as for private parties, with some exceptions.

Writ petition under Article 226

The High Court can issue writs against the state and its instrumentalities, and against private bodies performing public duties, to enforce fundamental rights and for any other purpose. Writs suit challenges to the legality of an action: an order passed without hearing you, a decision taken by an authority without power, arbitrary rejection of a tender, a refusal to perform a duty the law imposes. They are generally not suitable for disputed facts that need evidence, or for purely contractual money claims, and the High Court may decline a writ where another effective remedy, such as an appeal under a statute, exists.

WritPurpose
MandamusDirects an authority to perform a public duty it has failed to perform
CertiorariQuashes a decision made without jurisdiction, in breach of natural justice or with an error apparent on the record
ProhibitionStops a lower court or tribunal from exceeding its jurisdiction
Habeas corpusProduces a person who is unlawfully detained
Quo warrantoQuestions a person's right to hold a public office

There is no fixed time limit for a writ, but unexplained delay can lead the court to refuse relief. Writs are heard by the High Court, so the advocate should be someone who appears there regularly. For information you need from a government office before deciding, an RTI application is often the first step; our RTI guide explains how.

Enrolment-verified advocates · Free for clients

Want a second opinion? Talk to another enrolment-verified advocate, free.

If you have been sued: defending a civil case

Receiving summons from a civil court is unsettling, but it is the start of a process, not a verdict. What matters most is not missing the early deadlines.

  1. Note the date and deadline. The summons states the date of appearance. In an ordinary suit you have thirty days from service for the written statement, extendable to ninety; in a commercial suit the outer limit is 120 days; in a summary suit you have only ten days to appear and then ten days after the summons for judgment to seek leave to defend.
  2. Get the full plaint and documents. Your advocate needs everything filed against you, and your own documents, to draft a reply that answers every paragraph. Anything not specifically denied may be treated as admitted.
  3. Consider your own claims. If the plaintiff owes you money, you can claim set-off or file a counterclaim in the same suit rather than a separate case.

Defences raised at the threshold

If a decree was passed without you

If you were not served properly, or had sufficient cause for not appearing, you can apply under Order IX Rule 13 to set aside an ex parte decree, generally within thirty days of the decree or of learning of it where summons was not duly served. You can also appeal. Act quickly, because execution can proceed meanwhile unless the court stays it.

Appeals, revision and review

A party who loses can usually take the decree to a higher court. The route depends on what is being challenged.

RemedyAgainstScopeTime limit
First appeal, Section 96A decree of the trial courtFacts and law; the appellate court can reassess the evidence30 days to the District Court; 90 days to the High Court
Second appeal, Section 100A decree in first appealOnly a substantial question of law90 days to the High Court
Appeal against orders, Order XLIIICertain interim orders, such as on injunctions or receiversThe order appealed30 or 90 days, depending on the court
Revision, Section 115Orders of subordinate courts where no appeal liesJurisdictional errors onlyUsually 90 days
Review, Order XLVIIThe same court's own decree or orderNew evidence that could not be produced, an error apparent on the record, or another sufficient reason30 days

Unlike suits, delay in filing an appeal can be condoned under Section 5 of the Limitation Act if the appellant shows sufficient cause. Time taken to obtain a certified copy of the decree is excluded. An appeal does not stay the decree by itself; the appellant must ask for a stay, and courts often require deposit of the decretal amount or security for money decrees. Appeals are a fresh chance, but not a second trial: new evidence is admitted only in limited cases, which is another reason to put everything before the trial court.

Enrolment-verified advocates · Free for clients

Fees are agreed directly between you and the advocate. Booking the call back costs nothing.

Execution: turning a decree into money or possession

For many litigants, the hardest part of a civil case begins after they win. The decree is a piece of paper until it is executed, and a determined judgment debtor can delay with objections, appeals and hidden assets. Order XXI of the Code, one of its longest, governs execution.

Ways a decree can be executed

In Rahul S. Shah v. Jinendra Kumar Gandhi (2021), the Supreme Court issued directions to cut execution delays. Among them: executing courts should decide execution proceedings within six months of filing, extendable only with written reasons; the trial court should, at the time of the suit, record details of the property involved to avoid later disputes; and courts can ask the judgment debtor to disclose assets on affidavit. Ask your advocate to cite these directions if execution stalls.

The decree holder can apply for execution within twelve years from when the decree becomes enforceable. Executing early, before assets disappear, is almost always better. If the debtor has property in another district, the decree can be transferred to the court there.

Proving your case: documents, digital records and witnesses

Civil cases are won on proof, and since 1 July 2024 the law of evidence is the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act. Its basic principles are familiar, with clearer treatment of electronic records.

Type of evidenceHow it is usually proved
Signed agreements, invoices, receiptsOriginals produced, signatures identified by a witness who knows them, or admitted by the other side
Emails, WhatsApp chats, SMSPrintouts or copies with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, in the prescribed form, describing the device and how the record was produced
Bank statements and ledgersCertified copies from the bank; business account books kept in the regular course of business
Photographs and videosOriginal files with metadata, the device, and evidence of who took them and when
Public recordsCertified copies from the office that keeps them
Facts within personal knowledgeEvidence affidavit of the witness, followed by cross-examination

Two practical lessons. First, keep originals and devices safe from the start; a phone that has been reset or a chat that has been deleted is very hard to rebuild. Second, unstamped or insufficiently stamped documents, such as agreements on plain paper that the law requires to be stamped, may be impounded and admitted only after duty and penalty are paid. An advocate can tell you whether your documents need attention before you rely on them. Our affidavit and notary service helps with affidavits and attestation.

Typical civil disputes and how they tend to end

These examples are composites built from typical matters, not real cases. Outcomes depend on documents, evidence and the court.

"I lent a friend four lakh rupees and he has stopped answering"

The loan was made by bank transfer, with WhatsApp messages in which the friend promised to repay within six months and, a year later, apologised for the delay. The advocate notes that the apology message, sent before three years ran out, acknowledges the debt and gives a fresh limitation period. A legal notice goes out, followed by an ordinary suit for recovery with interest, supported by the bank statement and the chats with a Section 63 certificate. Faced with the documents, the friend offers instalments at the first mediation session, and the settlement is recorded as a decree with a default clause.

"Our distributor took goods worth thirty lakh and never paid"

A manufacturer has signed purchase orders, delivery challans and invoices. The claim is a commercial dispute above three lakh rupees, so the advocate first files for pre-institution mediation. When the distributor does not participate, a commercial suit is filed with all documents disclosed. The defendant files its written statement on day 140 and the court refuses to take it on record. The manufacturer applies for summary judgment and the court decrees the claim with interest, after which execution begins against the distributor's bank accounts.

"The contractor left our office interiors half finished"

A small business paid a large advance to a contractor who abandoned the work. The contract has an arbitration clause naming a sole arbitrator to be agreed. The business's advocate invokes arbitration and, when the contractor does not respond, applies to the High Court under Section 11, which appoints an arbitrator. The business proves the cost of completing the work through another contractor, and the award covers the excess cost and part of the advance.

"A local news website published false allegations about my clinic"

A doctor finds an article accusing her of fraud, with no basis. Her advocate sends a notice seeking removal and an apology, then files a suit for damages and an injunction within the one-year limit. The court, noting that the publisher offered no material in support, directs that the article be taken down pending trial. The matter later settles with a published correction.

"The municipality sealed my shop without any notice"

A shopkeeper's premises are sealed for alleged misuse, without a show cause notice or hearing. His advocate files a writ petition in the High Court arguing breach of natural justice. The High Court sets aside the sealing order, directs the municipality to issue a proper notice and decide after hearing him, and allows the shop to reopen meanwhile.

Enrolment-verified advocates · Free for clients

Every case turns on its own facts. A verified advocate can tell you what applies to yours.

Documents to bring to your first meeting

For money and contract disputes

  • The written contract, purchase orders, quotations and any amendments
  • Invoices, delivery challans, receipts and account statements
  • Bank statements showing payments made or received
  • Emails, letters and chat messages with dates
  • Any acknowledgment of the debt or part payment
  • Cheques, bank return memos and notices sent

For any civil case

  • A one-page timeline of key dates
  • Legal notices sent or received, with postal and delivery proof
  • Summons, plaint and documents if you have been sued
  • Earlier orders or decrees in related cases
  • Identity and address proof, and company or firm documents for businesses
  • Names and contact details of witnesses

What a civil case costs

A civil case has three kinds of cost: the advocate's fee, the court's fees and charges, and the time it takes. Advocates set their own fees. For civil work, many charge a fixed amount for drafting the notice, plaint or written statement and then a fee per effective hearing, while some agree a lump sum for a stage such as the trial or an appeal. Fees vary with the city, the court, the value and complexity of the claim, and the advocate's experience. Advocates in India are not allowed to charge a share of what you recover as their fee, so be wary of anyone offering that arrangement.

Court fee in money suits is usually a percentage of the claim under the state's law, which can be the largest single cost for a big claim. Add process fees for summons, charges for certified copies, commissioners' fees where evidence is recorded by a commissioner, and in arbitration, the arbitrators' fees and venue costs. If you win, the court can award costs against the other side, and commercial courts are more willing to award realistic costs.

Free legal aid is open to eligible people in civil cases too, through the District Legal Services Authority, including women, children, members of Scheduled Castes and Scheduled Tribes, persons with disabilities and those under the state income limit. Our legal aid eligibility tool gives a quick answer, and our legal fees guide explains the common fee structures in more detail.

Enrolment-verified advocates · Free for clients

Ready to take the next step? Book a free call back in under two minutes.

Choosing a civil lawyer

The Bar Council of India Rules prohibit advocates from advertising their services or claiming to be better than others, so there is no official ranking of civil lawyers. The useful questions are about fit: does this advocate regularly handle your kind of dispute in the forum where it will be heard, and do they explain the risks plainly?

Questions worth asking

  1. Is my claim within time, and from which date are you counting?
  2. Which court or forum should hear it, and why?
  3. Can I file a summary suit, or must it be an ordinary or commercial suit?
  4. Is any interim relief possible to protect the money or property?
  5. What will court fee and other charges come to?
  6. If I win, how will we actually recover the money?

Reaching a civil advocate through Mara Vakil

Mara Vakil does not act as your lawyer and is not a law firm. It is a platform that lets you put your civil dispute before enrolled advocates who handle such matters, so the right one can contact you without you searching court corridors or paying an agent.

  1. Tell us the dispute in plain words. Mention who owes what or did what, the amount involved, the city, and whether there is a written agreement or an arbitration clause.
  2. An advocate who takes civil work accepts it. Advocates see the request without your contact details. The one who accepts gets your number and calls you.
  3. Decide after the conversation. Ask about limitation, forum and costs. If you engage the advocate, the fee is between the two of you.

Costs you nothing

There is no charge for posting your matter or for the call that follows.

Enrolment verified

Advocate profiles go live only after our team checks Bar Council enrolment details.

Private by default

Your phone number reaches only the advocate who accepts your request.

No paid placements

No star ratings or bought rankings. Profiles show courts, practice areas and languages.

Describe your civil matter, free See enrolled advocates

Enrolment-verified advocates · Free for clients

Prefer to speak to a lawyer first? Talk to a verified advocate who handles civil cases.

Common myths about civil cases

Myth: A verbal agreement is not enforceable.

Most oral contracts are valid. The difficulty is proving them, which payments, messages and conduct can help with.

Myth: Filing a police complaint will get my money back faster.

A plain failure to pay is usually a civil matter. The Supreme Court has repeatedly quashed criminal cases that only dress up money disputes as cheating.

Myth: I can sue any time as long as I have the documents.

Most money claims expire three years after they arise, and the court must dismiss a late suit even if no one objects.

Myth: Once I win, the court collects the money for me.

You must file for execution and pursue it. The decree holder has to identify assets and push the process.

Myth: Civil cases always take decades.

Many end at the notice stage, in mediation or through summary procedures. Commercial courts work to fixed timelines.

Civil law words, explained

Plaint
The document by which a civil suit is started, setting out the plaintiff's claim.
Written statement
The defendant's reply to the plaint.
Cause of action
The set of facts that gives a person the right to sue.
Decree
The formal order of the court that finally decides the rights of the parties in a suit.
Decree holder
The person in whose favour a decree is passed.
Judgment debtor
The person against whom a decree is passed.
Ex parte
A decision made in the absence of one party who did not appear.
Summary suit
A faster suit for clear money claims under Order XXXVII, where the defendant needs leave to defend.
Set-off and counterclaim
A defendant's own claims against the plaintiff, raised in the same suit.
Garnishee
A third party, such as a bank, who owes money to the judgment debtor and can be ordered to pay it into court.
Res judicata
The rule that a matter finally decided between the same parties cannot be reopened.
Writ
An order of the High Court or Supreme Court against public authorities, such as mandamus or certiorari.
Enrolment-verified advocates · Free for clients

Have your documents ready? Book a free call back and share the details with the advocate.

Frequently asked questions about civil cases in India

What is the difference between a civil and a criminal case?

A civil case is brought by a person to enforce a right or recover money or property, and ends in a decree. A criminal case is prosecuted by the state for an offence and can end in punishment. The same facts can sometimes lead to both, such as a bounced cheque.

Is a legal notice necessary before filing a civil suit?

Not for most private disputes, though it is usually sensible. It is compulsory before suing the government under Section 80, before a cheque bounce complaint, where a statute or contract requires it, and commercial suits require pre-institution mediation.

How long do I have to file a suit for recovery of money?

Generally three years from when the money became due. A written acknowledgment of the debt or a part payment made before the three years run out starts a fresh period.

Can a WhatsApp chat be used as evidence in a civil case?

Yes. Electronic records are admissible under the Bharatiya Sakshya Adhiniyam, 2023, normally with a certificate under Section 63 describing the device and how the record was produced. Keep the phone and the original chat safe.

What is a summary suit?

A faster procedure under Order XXXVII for debts on written contracts, cheques, promissory notes and guarantees. The defendant must get the court's leave to defend by showing a real defence; otherwise the plaintiff gets a decree quickly.

Which court should I file my civil suit in?

Suits about land go where the land is. Other suits can be filed where the defendant lives or does business, or where the cause of action arose. The value of the claim decides the level of court, and commercial disputes of three lakh rupees or more go to commercial courts.

How much court fee do I have to pay?

It depends on your state's court fees law. For money suits, most states charge a percentage of the amount claimed on a sliding scale. Court fee is often refunded if the case is settled in mediation or Lok Adalat.

How long does a civil case take in India?

It depends on the court and the case. Many disputes end at the notice stage or in mediation; summary suits and commercial suits move faster; contested ordinary suits with evidence can take several years, plus appeals and execution.

Can I file a civil suit if my contract has an arbitration clause?

If the other side applies under Section 8 of the Arbitration Act before addressing the merits, the court must refer the dispute to arbitration. You can still ask the court for interim measures under Section 9.

What can I do if someone will not pay despite a court decree?

File an execution petition. The court can attach and sell property, attach bank accounts or salary, direct third parties who owe the debtor to pay, and in some cases detain the debtor in civil prison. Execution should ordinarily be decided within six months.

A decree was passed against me without my knowledge. What can I do?

Apply to set aside the ex parte decree under Order IX Rule 13, generally within thirty days of the decree or of learning of it if summons was not served properly, and consider an appeal. Ask for a stay of execution meanwhile.

How long do I have to appeal a civil decree?

Thirty days for an appeal to the District Court and ninety days for an appeal to the High Court, excluding the time taken to get a certified copy. Delay can be condoned for sufficient cause.

Can I sue someone for defamation?

Yes, for damages and an injunction, within one year of the publication. Truth, fair comment and privilege are the main defences. A criminal complaint is a separate option.

Can I file a writ petition against a private company?

Generally no, unless the company is an instrumentality of the state or is performing a public duty. Disputes with private companies usually go to civil courts, consumer commissions or arbitration.

Can I recover interest on the money owed to me?

Yes. The court can award interest under Section 34 of the Code from the suit to the decree and until payment, and pre-suit interest where the contract, trade usage or a law such as the MSMED Act provides for it.

Can I appear in a civil case without a lawyer?

Yes, a party can appear in person. But civil procedure is technical, and mistakes in pleadings or evidence are hard to fix later, so most people engage an advocate at least for drafting.

Can an advocate take a percentage of the amount recovered as fees?

No. Bar Council rules prohibit advocates from charging fees as a share of the result of a case. Fees are agreed as fixed amounts or per hearing or stage.

Is Mara Vakil free for finding a civil lawyer?

Yes. You can describe your civil dispute and be contacted by an enrolled advocate at no charge. Any fee for the case is settled directly with the advocate. Mara Vakil is a technology platform, not a law firm.

Civil Lawyer by city

Local courts, forums and practice differ from city to city. Read the page for your city:

Related services:

Free tools:

Guide: Legal fees in India explained

Other practice areas:

Ready to talk to a civil advocate?

Describe your matter in a few lines. Enrolled advocates who handle civil cases in your city can see it, and the one who accepts will call you. If you have a court date or a deadline, mention it. It is free for clients.

Describe your matter, free

This page gives general information about Indian law as of 15 October 2026. It is not legal advice and is not an advertisement or solicitation by any advocate, as restricted by Rule 36 of the Bar Council of India Rules. Laws and court practice change, and the right answer depends on your facts; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.

Talk to a civil advocate, free
For advocates

Do you handle civil matters?

Join Mara Vakil as an advocate and receive civil requests from clients near you. Free, enrolment-checked profile. Client requests in your practice area, no commission on your fees, a free case diary and your court group. Apply in about 10 minutes.

Join as an advocateHow joining works