Different types of Civil Suit

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Different types of Civil Suit

Different types of Civil Suit: 

Civil suits are filed for the resolution of disputes between two or more parties for recovery of money, breach of contract, property disputes. These are some of the matters that can be taken up in a suit. However, the specific matters that can be taken up in a civil suit may vary depending on the jurisdiction and the laws applicable to the case. The following matters can be taken up in a civil suit:

  1. Recovery of money: is filed for the recovery of money owed by one party to another.
  2. Breach of contract: is filed for the breach of a contract between two parties.
  3. Property disputes: is filed for the resolution of property disputes, such as ownership, possession, and title.
  4. Injunctions: is filed for the grant of an injunction, which is a court order that prohibits a party from doing a certain act.
  5. Specific performance: is filed for the specific performance of a contract, which means that the court orders a party to perform their obligations under the contract.
  6. Declaration: is filed for a declaration of rights, such as the right to property or the right to a particular status.
  7. Suit for redemption: is filed by the mortgagor to redeem or recover the mortgaged property from the mortgagee by paying off the mortgage debt.
  8. Divorce Cases, maintenance and child-custody: is filed for matrimonial dispute, maintenance and child-custody between husband and wife.
  9. Probate/Succession Suit: is filed to establish the validity of a Will/ to determin the rightuful heirs of a deceased person’s liquid assets.
  10. Partition Suit: is filed to divide a property jointly owned by co-owners.
 Different stages of the Civil Suit as per Code of Civil Procedure 1908:

1. Pre-trial Stage

  • Presentation of the Plaint (Section 26, Order 4 Rule 1 and Order 6 Rule 7)
  • Service of Summons (Sections 27- 32 and Order 5)
  • Appearance of the Defendant
  • Ex-parte Decree (Order 8 Rule 10)
  • Written statement (Order 6 and Order 8)
  • Alternative dispute resolution (Section 89A- 89E)
  • Interlocutory Proceeding
  • Framing of Issue (Order 14 Rule 1-6)
  • Examination of Parties (Order 10)
  • Discovery and inspection of documents (Order 11)
  • Admission (Order 12)
  • Production, impounding and return of documents (Order 13)
  • Commission (Section 75, Order 26 Rule 9)
  • Prevention and Inspection (Order 39 Rule 7)
  • Setting date for peremptory hearing (Order 14 Rule 8)

2. Trial Stage

  • Peremptory Hearing (Order 18 Rule 19)
  • Examination, Cross-examination and re-examination of witnesses (Section 135-165 of the Evidence Act)
  • Argument 
  • Judgement, Decree and Order

3. Post Trial stage

  • Execution of Decree
  • Appeal, Review, Revision
Where to file a civil suit:
As per Section 15 of CPC, suit is to be filed in the Court of the lowest grade competent to try it.  Before filing a suit one should know where or before which Court the suit has to be filed. It is called place of suing. Place of suing is subjected to two limitations:
Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter, suits are divided into 3 categories. They are-
  • Suits relating to immovable property: place where the property in dispute is situated.
  • Suits relating to compensation for wrongs to person and movables: place where the defendant resides or wrong was done to the movable.
  •   Other suits: place where the defendant resides or cause of action arose.
Who are the parties to the civil suit?
The parties to a suit are the plaintiff, who initiates the lawsuit, and the defendant, who is being sued. In some cases, there may be additional parties involved, such as third-party defendants or intervenors.
 
Mediation in Civil Proceeding:

In M/s Patil Automation Private Ltd vs Rakheja Engineers Pvt Ltd. SLP (C) no 14697 of 2021: the Apex Court reiterated in a dispute arising between parties the Court must refer the parties for mediation on appropriate stage. The success of any of the modes of Alternative Dispute Resolution mechanism is subject to the selection of appropriate cases and its reference on suitable stage.

 
Condonation of delay:

Limitation Act, 1963 confers the period of limitation for instituting a civil suit or appeal or revision or review and also provides the provisions for Condonation of delay, which refers to the act of excusing a delay that has occurred in filing a legal document or taking a legal action, by granting an extension of time to the party who missed the deadline.

 
 
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