
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.
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"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.
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.
Sending a legal notice that sets out the claim precisely, answering notices received, and negotiating a settlement where one makes sense.
Deciding between an ordinary suit, a summary suit, a commercial suit, arbitration, a consumer complaint or a writ petition, and which court has jurisdiction.
Drafting the plaint or written statement, collecting and proving documents including electronic records, examining and cross-examining witnesses.
Getting injunctions, attachment before judgment or a receiver so the other side cannot defeat the claim while the case runs.
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.
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.
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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.
| Dispute | Usual forum | Note |
|---|---|---|
| Unpaid money, loans, breach of contract | Civil court; commercial court if a commercial dispute above the threshold value | Summary suit possible for debts on written contracts and cheques |
| Contract with an arbitration clause | Arbitral tribunal | Courts can still grant interim relief and appoint arbitrators |
| Defective goods or poor service bought for personal use | Consumer commission | Cheaper and faster for consumers; civil suit also possible |
| Bounced cheque | Criminal complaint under Section 138 and, separately, a civil or summary suit | Both can run together |
| Defamation | Civil court for damages; criminal court for prosecution | Injunctions against publication are granted sparingly |
| Road accident compensation | Motor Accidents Claims Tribunal | Claims must be filed within six months of the accident |
| Action by a government body | Writ petition in the High Court, or civil suit after a Section 80 notice | Writs suit questions of law and fair procedure |
| Bank recovery above the threshold | Debts Recovery Tribunal | Civil courts cannot hear these claims by banks |
| Company and insolvency matters | National Company Law Tribunal | Including insolvency petitions by creditors |
| Service matters of government employees | Administrative tribunals | Central and state tribunals hear most service disputes |
| Property, partition, possession | Civil court | See 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.
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.
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.
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.
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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.
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.
A suit filed in the wrong court is returned or dismissed, and the time spent counts against you. Two questions decide the court.
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.
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.
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.
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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.
| Claim | Period | Starts from |
|---|---|---|
| Money lent | 3 years | The date of the loan, or the date fixed for repayment, depending on the terms |
| Price of goods sold and delivered | 3 years | Delivery, or expiry of the agreed credit period |
| Money payable for work done | 3 years | When the work is done, unless a different date is agreed |
| Balance on a mutual, open and current account | 3 years | The close of the year in which the last item was entered |
| Compensation for breach of contract | 3 years | The breach |
| Defamation | 1 year | Publication of the statement |
| Compensation for other civil wrongs | Generally 3 years | When the wrong occurs or the damage results, depending on the wrong |
| Any suit with no specific period | 3 years | When the right to sue accrues, under Article 113 |
| Execution of a decree | 12 years | When the decree becomes enforceable |
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 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.
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.
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.
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.
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.
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.
| Remedy | When it applies | What to prove |
|---|---|---|
| Damages under Section 73 | Loss that arose naturally from the breach, or that both parties knew was likely when they contracted | The 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 74 | The contract names a sum for breach, or a penalty | Courts award reasonable compensation up to that sum, not automatically the full figure |
| Specific performance | Damages are not enough, such as in sales of land or unique goods | A valid contract and your readiness and willingness to perform |
| Refund of money paid | The contract fails or is void, or performance becomes impossible | Payment and the failure of the contract |
| Injunction | To enforce a negative promise, such as not to compete during the contract or not to disclose confidential information | The 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.
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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.
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.
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.
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.
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.
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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.
| Feature | What it means for you |
|---|---|
| Pre-institution mediation under Section 12A | Unless 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 deadline | The 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 documents | All 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 hearing | The court fixes a timetable for evidence and arguments, and parties are expected to keep to it. |
| Summary judgment under Order XIII-A | Either party can ask for judgment without trial where the other side has no real prospect of success. |
| Costs | Costs follow the event more strictly, and conduct such as delay or frivolous claims is penalised. |
| Appeals | An 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.
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.
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.
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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.
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.
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.
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.
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.
When the opponent is the state, a municipal body, a public sector company or a statutory authority, there are two main routes.
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.
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.
| Writ | Purpose |
|---|---|
| Mandamus | Directs an authority to perform a public duty it has failed to perform |
| Certiorari | Quashes a decision made without jurisdiction, in breach of natural justice or with an error apparent on the record |
| Prohibition | Stops a lower court or tribunal from exceeding its jurisdiction |
| Habeas corpus | Produces a person who is unlawfully detained |
| Quo warranto | Questions 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.
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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.
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.
A party who loses can usually take the decree to a higher court. The route depends on what is being challenged.
| Remedy | Against | Scope | Time limit |
|---|---|---|---|
| First appeal, Section 96 | A decree of the trial court | Facts and law; the appellate court can reassess the evidence | 30 days to the District Court; 90 days to the High Court |
| Second appeal, Section 100 | A decree in first appeal | Only a substantial question of law | 90 days to the High Court |
| Appeal against orders, Order XLIII | Certain interim orders, such as on injunctions or receivers | The order appealed | 30 or 90 days, depending on the court |
| Revision, Section 115 | Orders of subordinate courts where no appeal lies | Jurisdictional errors only | Usually 90 days |
| Review, Order XLVII | The same court's own decree or order | New evidence that could not be produced, an error apparent on the record, or another sufficient reason | 30 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.
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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.
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.
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 evidence | How it is usually proved |
|---|---|
| Signed agreements, invoices, receipts | Originals produced, signatures identified by a witness who knows them, or admitted by the other side |
| Emails, WhatsApp chats, SMS | Printouts 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 ledgers | Certified copies from the bank; business account books kept in the regular course of business |
| Photographs and videos | Original files with metadata, the device, and evidence of who took them and when |
| Public records | Certified copies from the office that keeps them |
| Facts within personal knowledge | Evidence 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.
These examples are composites built from typical matters, not real cases. Outcomes depend on documents, evidence and the court.
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.
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.
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 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.
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.
Every case turns on its own facts. A verified advocate can tell you what applies to yours.
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.
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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?
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.
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Most oral contracts are valid. The difficulty is proving them, which payments, messages and conduct can help with.
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.
Most money claims expire three years after they arise, and the court must dismiss a late suit even if no one objects.
You must file for execution and pursue it. The decree holder has to identify assets and push the process.
Many end at the notice stage, in mediation or through summary procedures. Commercial courts work to fixed timelines.
Have your documents ready? Book a free call back and share the details with the advocate.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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