Civil Litigation

Key Features of Civil Litigation

Prime Legal Provisions, As Provided In The Code Of Civil Procedure, 1908

Adjournment & Delays- Enlargement Of Time [S-148 CPC]/ Court May Grant Time And Adjourn Hearing, Cost Of Adjournment [O- XVII, R-1].

Admission- Document To Be Deemed To Be Admitted If Not Denied After Service Of Notice To Admit Documents [O-XII, R-3 CPC]/ Judgment On Admissions [O-XII, R-6 CPC]/ Notice To Produce Documents [O-XII, R-8 CPC].

Affidavit - Oath On Affidavit By Whom To Be Administered [S-134 CPC]/ Power To Order Any Point To Be Provided By Affidavit [O-XIX, R-1 CPC]/ Power To Order Attendance Of Deponent For Cross-Examination [O-XIX, R-2 CPC].

Agreement & Consent- By Persons Under Disability- S-147 CPC.

Amendment - Amendment Of Judgments, Decrees Or Orders [S-152 CPC]/ General Power To Amend [S-153 CPC]/ Power To Amend Decree Or Order Where Appeal Is Summarily Dismissed [S-153-A CPC]/ Suit In The Name Of Wrong Plaintiff, Court May Strike Out Or Add Parties, Where Defendant Added, Plaint To Be Amended- O-1, R-10.

Appearance - No Party To Be Ordered To Appear In Person Unless Resident Within Certain Limits-O-V, R-4/ Caveat- S-148-A CPC./ Court May Order Defendant Or Plaintiff To Appear In Person [O-V, R-3 CPC]/ Consequence Of Non-Attendance, Without Sufficient Cause Shown, Of Party Ordered To Appear In Person [O-IX, R-12 CPC].

Arrest & Attachment - Arrest Other Than In Execution Of Decree [S-134 CPC]/ Exemption From Arrest Under Civil Process [S-135 CPC]/ Exemption Of Members Of Legislative Bodies From Arrest And Detention Under Civil Process [S-135-A CPC]/ Procedure Where Person To Be Arrested Or Property To Be Attached Is Outside District [S-136 CPC]/ Enforcement Of Liability Of Surety [S-145 CPC]/ Where Defendant May Be Called Upon To Furnish Security For Appearance [O-XXXVIII, R-1 CPC]/ Where Defendant May Be Called Upon To Furnish Security For Production Of Property [O-XXXVIII, R-5 CPC]/ Attachment Where Cause Not Shown Or Security Not Furnished [O-XXXVIII, R-6 CPC]/

What we do?

The Civil Courts have ample power to adjudicate upon the matters of Civil nature, including inherent powers under Section-151 of the Code of Civil Procedure, 1908. The Courts try cases under Original Jurisdiction and entertain Appeal, Reference, Review & Revision under appellate jurisdiction.

Jurisdiction of a Civil Court depends on several factors, namely, where the cause of action arose, where the suit property is situated, the value of the suit property, etc. Jurisdiction can also be classified as Original Side, Appellate, Extra Ordinary, Constitutional & Inherent Jurisdiction.

The stages of the proceeding before the Court of law are well set in the Code of Civil Procedure, 1908 for the following tasks: Filing Of Documents, Framing Of Issues, filing List Of Witness, examination and cross examination of plaintiff witnesses [PE], examination and cross examination of Defendant witnesses [DE], Final Hearing, etc, passing of final order and judgment.

Either of the parties- Plaintiff or Defendant could resort to the appellate avenues- Appeal, Reference, Review & Revision, all well laid down under the Code of Civil Procedure, 1908. There is a well set procedure for filing of Appeal, Review and Revision, etc., like what should accompany an Appeal, Reference, Review & Revision, and in what time limit they got to be filed.

The law in regard to the “Execution” of the Court Orders/ Judgments/ Decree is distinctly laid down in the Code of Civil Procedure, 1908.

Civl Litigation

Civil Litigation Laws

Power Of Court To Issue [S-75 CPC]/ Commission To Another Court [S-76 CPC]/ Commissions Issued By Foreign Courts [S-78 CPC]/ Commissions- Cases In Which Court May Issue Commission To Examine Witness [O- XXVI, R-1 CPC]/ Order For Commission [O- XXVI, R-2 CPC]/ Commission To Make Local Investigation [O- XXVI, R-9]/ Commission For Scientific Investigation & Performance Of Ministerial Act [O- XXVI, R-10 CPC].

Rejection Of Plaint [O-VII, R-11 CPC]/ Dismissed in default- Plaintiff May Bring Fresh Suit Or Court May Restore Suit To File (When suit dismissed on both the parties being absent) [O- IX, R-4]/ Dismissed in default- Decree Against Plaintiff By Default Bars Fresh Suit (When the Plaintiff became absent) [O- IX, R-9]/ Where Rejection Of Plaint Does Not Preclude Presentation Of Fresh Plaint [O-VII, R-13]/ Where Neither Party Appears, Suit To Be Dismissed [O-IX, R-3].

Summons To Order Defendant To Produce Documents Relied On By Him [O-V, R-7]/ Production of document on which plaintiff sues or relies- O-VII, R-14/ Duty of defendant to produce documents upon which relief is claimed or relied upon by him [O-VIII, R-1-A]/ Original Documents To Be Produced At Or Before The Settlement Of Issues [O-XIII, R-1 CPC]/ Court May Send For Papers From Its Own Record Or From Other Courts [O-XIII, R-10 CPC].

Civil Litigation

Prime Legal Provisions, As Provided In The Code Of Civil Procedure, 1908

Agreement & Consent- By Persons Under Disability- S-147 CPC.

About Civil Litigation

What we do?

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Civil Litigation Laws

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