Civil Litigation & Court Proceedings

Civil remedies in India are primarily governed by the Code of Civil Procedure, 1908, the Specific Relief Act, 1963 and the Limitation Act, 1963. The relief available depends on the nature of the right claimed and the facts of each matter.

Money claims may arise from contracts, loans, invoices or other obligations and may be pursued through ordinary or summary civil suits, or before specialised forums where a statute so provides.

See also: Cheque dishonour matters, banking and DRT matters.

Property-related civil proceedings commonly concern title, possession, injunction, declaration and easementary rights, depending on the documents and facts involved.

See also: Property, Real Estate & RERA.

Partition proceedings concern the division of jointly held or family property among co-owners or legal heirs, with shares determined under the applicable personal or statutory law.

See also: partition and family property, partition among legal heirs.

Such disputes may involve sale and transfer documents, occupation, leases and the rights of owners, purchasers and occupants of residential or commercial premises.

In Delhi, tenancy matters may fall under the Delhi Rent Control Act, 1958 or the general civil law, depending on the premises, rent and nature of the tenancy.

See also: landlord-tenant matters.

These matters may involve municipal and development authorities as well as civil courts, depending on whether private rights or statutory building regulations are in issue.

See also: public authority matters.

Testamentary and succession proceedings are primarily governed by the Indian Succession Act, 1925 and the applicable personal laws.

See also: Wills, Probate, Succession & Inheritance.

Commercial disputes above the specified value may be heard by Commercial Courts under the Commercial Courts Act, 2015, which also provides for pre-institution mediation in certain cases.

See also: Corporate & Commercial Law, arbitration and mediation.

Appellate and supervisory remedies against civil judgments and orders lie before the District Courts, the High Courts and, by special leave, the Supreme Court of India.

See also: High Court & Supreme Court constitutional proceedings.

Execution proceedings concern the enforcement of decrees and orders passed by civil courts, including objections raised by judgment-debtors or third parties.

The appropriate forum depends on pecuniary value, territorial jurisdiction and subject matter. In Delhi, civil matters are heard by the District Courts and the Delhi High Court.