Civil Litigation Lawyer at Tis Hazari Court

The Civil Courts at the Tis Hazari Courts Complex, with the particular judge determined by the value of the suit. District Courts in Delhi try civil suits valued up to two crore rupees; above that figure the suit lies before the Delhi High Court on its original side. Which complex is correct depends on where the cause of action arose or where the defendant resides or carries on business — and for a suit about immovable property, on where the property is situated.

For most contractual and recovery claims, three years from the date the cause of action arose. A suit for possession of immovable property based on title runs twelve years. A suit for specific performance runs three years from the date fixed for performance or from the refusal to perform. These periods are strict and the court will dismiss a time-barred suit however strong its merits, so the dates should be established before anything else is considered.

A plaint is filed and, if maintainable, admitted and registered. Summons issue to the defendant, who files a written statement. The plaintiff may file a replication. The court then frames the issues — the specific questions it must decide. Evidence follows, by affidavit and cross-examination, first for the plaintiff and then the defendant. Final arguments are heard, judgment is pronounced and a decree drawn up. If the decree is not honoured, execution proceedings are begun separately.

A contested civil suit at first instance commonly runs three to seven years, and longer where there are many parties, where documents are heavily disputed, or where a commission has to be issued. Appeals add to that. Interim relief runs on a different clock — an injunction application filed with the plaint can be heard within days. Uncontested matters and those that settle in mediation conclude far sooner.

The defendant must file the written statement within thirty days of service, which the court may extend up to ninety days on recorded reasons. If none is filed within the time allowed, the court may proceed without it and pass a judgment on the material before it. A defendant who lets this happen is in a poor position: setting aside such an order requires showing sufficient cause for the absence, and that is not readily accepted.

Whatever proves the transaction and the breach — the contract or agreement, invoices, receipts, ledger entries, bank statements, and the correspondence between the parties, including any legal notice sent and the reply. You will also need proof of the court's jurisdiction and the material establishing when the cause of action arose. Documents not filed with the plaint can be brought on record later only with the court's permission, so it is better to file completely at the outset.

For a money claim, ad valorem — a percentage of the amount sued for — which on a substantial Delhi claim is a real sum and should be budgeted before filing. For a declaration or an injunction without any consequential relief, a fixed or nominal fee applies. Where possession of property is sought the fee is calculated on the value of the property. Court fee is payable by the plaintiff at filing and, if the suit succeeds, is ordinarily recoverable from the defendant as part of costs.

Not usually, between private parties. A legal notice is not a general precondition to a civil suit, and in some matters it does harm by warning the other side. There are exceptions: a suit against the government or a public officer requires prior notice under Section 80 of the Civil Procedure Code, and a claim for specific performance is materially strengthened by a notice calling on the other side to perform. Where the relationship may still be salvageable, a notice is also often the cheaper first step.

Yes, and it frequently should be. Section 89 of the Civil Procedure Code requires the court to consider referring a matter to mediation, conciliation or arbitration where a settlement appears possible, and Delhi's court-annexed mediation centres handle a substantial volume of civil disputes. A settlement reached there is recorded and given effect. For commercial disputes over the specified value, pre-institution mediation under the Commercial Courts Act, 2015 is compulsory before a suit can be filed at all, unless urgent interim relief is sought.

Execution is the separate proceeding by which a decree is enforced. The decree-holder applies to the court, which can attach and sell the judgment debtor's movable or immovable property, attach a bank account, order recovery from a salary, appoint a receiver, or in some circumstances order detention. Execution must be started within twelve years of the decree. Because it is the stage at which a paper judgment becomes money, it is worth asking at the very start of a case what the defendant actually owns.