How to File a Civil Case in Court – Complete Guide for Beginners 2025

Want to file a case in civil court but don't know where to start? Confused about procedure? This guide will make civil litigation simple for you.

Whether it's a property dispute, recovery of money, or any civil matter – here's everything you need to know.

What is Civil Case?

Civil cases involve disputes between individuals/entities about rights and duties. No criminal punishment, only compensation/remedy.

Examples of civil cases:

• Property disputes

• Money recovery

• Contract breach

• Divorce and family matters

• Tenant-landlord disputes

• Partnership disputes

• Defamation (can be criminal too)

• Consumer complaints

Civil vs Criminal Case:

Civil Case	Criminal Case
Private dispute	Crime against society
Plaintiff vs Defendant	State vs Accused
Compensation/remedy	Punishment (jail/fine)
Beyond preponderance	Beyond reasonable doubt
File yourself	Police/State files

Before Filing – Ask Yourself:

1. Do I have a genuine case?

2. Do I have evidence?

3. Is there legal remedy available?

4. Can this be solved outside court (mediation)?

5. Do I have time and money for court process?

Court litigation is:

• Time-consuming (2-10 years)

• Expensive (₹20,000-₹5,00,000+)

• Stressful

• Uncertain outcome

Try to settle outside court if possible!

Step 1: Determine Correct Jurisdiction

File case in correct court, otherwise it will be dismissed.

Two types of jurisdiction:

A) Territorial Jurisdiction (which city/area)

General rule: Where defendant resides or works

Special rules:

• Property disputes: Where property is located

• Contract breach: Where contract performed or payment due

• Tort/negligence: Where wrong occurred

• Company matters: Where registered office is

Example: Seller in Delhi, buyer in Mumbai, contract to deliver in Pune → Case can be filed in Delhi, Mumbai or Pune

B) Pecuniary Jurisdiction (based on claim value)

Different courts have different monetary limits:

Small Causes Court: Up to ₹3-20 lakh (varies by state)District Court: Above small causes limitHigh Court: Original jurisdiction for high value cases (₹2 crore+ in some states)Supreme Court: No original civil jurisdiction (only appeals)

Step 2: Calculate Limitation Period

Every case has time limit to file (called limitation period).

Common limitation periods:

• Money recovery: 3 years from due date

• Contract breach: 3 years from breach

• Property possession: 12 years

• Defamation: 1 year

• Negotiable instruments: 3 years

• Specific performance: 3 years

• Professional negligence: 2 years

If you file after limitation period expires → Case dismissed!

Exception: In rare cases, court can condone delay if you have valid reasons.

Step 3: Decide on Relief

What do you want from court?

Types of relief:

• Monetary (pay ₹X amount)

• Specific performance (fulfill contract)

• Injunction (stop doing something)

• Declaration (declare my right)

• Possession (give me property)

• Partition (divide property)

• Cancellation (cancel document)

Be specific about what you want!

Step 4: Collect Evidence

Evidence wins cases. Collect:

✓ Documents (agreements, receipts, emails)✓ Photographs✓ Videos✓ Witness statements✓ Expert reports✓ Correspondence (letters, messages)✓ Bank statements✓ Any other proof

Make multiple copies of everything!

Step 5: Draft the Plaint

"Plaint" is the document that starts your civil case. It's like a complaint but in legal format.

Plaint structure:

1. Title:

IN THE COURT OF [COURT NAME]
AT [CITY]

SUIT NO: _____ OF 2025

[Your name]
S/o or D/o [father's name]
R/o [address]
                                          ...Plaintiff

VERSUS

[Defendant's name]
S/o or D/o [father's name]
R/o [address]
                                          ...Defendant

2. Facts of the Case: Para-wise numbering, tell the story chronologically:

1. Plaintiff states that...

2. That the defendant and plaintiff entered into agreement...

3. That as per agreement...

4. That the defendant failed to...

5. That despite notices, defendant...

3. Grounds/Cause of Action: Why you have right to sue:

• Legal wrong committed

• Your legal right violated

• Date when cause of action arose

4. Jurisdiction: Why this court has power to decide:

• Territorial jurisdiction

• Pecuniary jurisdiction

5. Limitation: State that suit is within limitation period (not time-barred)

6. Valuation: Declared value of suit for court fee purposes

7. Prayer: What relief you want:

"In light of above facts, plaintiff humbly prays: a) Direct defendant to pay ₹XX with interest b) Cost of suit c) Any other relief court deems fit"

8. Verification: Statement that contents are true

9. List of Documents

Plaint should be:

• Clear and chronological

• Only relevant facts

• No emotional language

• Proper numbering

• Supported by documents

Step 6: Pay Court Fees

Court fee depends on:

• Value of suit

• Type of relief

• State rules

Typical court fees:

For money recovery: Calculated on claim amount (varies by state):

• Up to ₹1 lakh: 5-7% of claim

• ₹1-5 lakh: Fixed + percentage

• Above ₹5 lakh: According to slab

For specific relief: Fixed court fee (₹500-₹5,000) depending on state

Example: Suit for ₹2 lakh recovery in Delhi: Court fee approximately ₹5,000-₹10,000

How to pay:

• Purchase court fee stamps

• Paste on plaint

• Or pay electronically (in e-courts)

Step 7: File the Plaint

Physical filing:

1. Take plaint copies (minimum 3):

   • Original for court

   • Copy for defendant

   • Copy for yourself

2. Attach documents

3. Attach vakalatnama (if lawyer represents you)

4. Submit at court filing counter

5. Get receiving/acknowledgment

E-filing (if available):

1. Register on district court website

2. Upload scanned plaint

3. Upload documents

4. Pay court fee online

5. Submit

6. Get case number

Step 8: Court Gives Case Number

Court will:

• Assign unique case number

• Assign to specific judge/court

• Give first hearing date

Case numbering format: [Suit Type] No. [Number]/[Year]

Example: CS 1234/2025 (Civil Suit 1234 of 2025)

Step 9: Service of Summons

Court sends summons (notice) to defendant through:

• Registered post

• Court process server

• Police

• Email (if e-summons enabled)

Defendant gets copy of plaint and summons asking them to appear in court.

Step 10: Defendant's Response

Defendant has 30-90 days (depending on court rules) to file "written statement" (their defense/reply).

Defendant may:

• Admit claims

• Deny claims

• Raise counter-claims

• File application to dismiss suit

Step 11: Framing of Issues

After written statement, court identifies disputed questions (issues) to be decided.

Example issues:

• Whether plaintiff proves contract?

• Whether defendant breached contract?

• Whether plaintiff entitled to damages?

Step 12: Evidence Stage

Both sides present evidence:

Plaintiff's evidence first:

• Examines witnesses

• Submits documents

• Expert testimony

Defendant's cross-examination

Then defendant's evidence:

• Their witnesses

• Their documents

Plaintiff's cross-examination

Step 13: Final Arguments

Both lawyers argue based on evidence and law.

Step 14: Judgment

Judge decides case and passes order/decree.

Possible outcomes:

• Suit decreed (plaintiff wins)

• Suit dismissed (defendant wins)

• Partly decreed (both get something)

Step 15: Decree Execution

If you win but defendant doesn't comply, file execution petition to enforce decree.

Documents Required:

✓ Plaint (3 copies)✓ Affidavit verifying plaint✓ List of documents✓ Supporting documents (agreements, bills, etc.)✓ Evidence affidavits✓ Vakalatnama (power of attorney to lawyer)✓ Index✓ Court fee stamps/receipt✓ Copies for each defendant✓ ID proof

Can I File Case Without Lawyer?

Yes! You can represent yourself. It's called "in-person" or "party-in-person" representation.

Advantages:

• Save lawyer fees

• Direct control

Disadvantages:

• Need to learn procedures

• Court formalities difficult

• Judges expect you to know law

• Opposite party may have expert lawyer

Practical advice:

• Simple cases: Can try yourself

• Complex cases: Hire lawyer

• At least consult lawyer initially

Cost of Filing Civil Case:

Court fees: ₹500-₹50,000+ (depends on claim)

Lawyer fees:

• Consultation: ₹500-₹5,000

• Per hearing: ₹2,000-₹10,000

• Full case: ₹20,000-₹5,00,000+

Document costs: ₹500-₹2,000

Miscellaneous: ₹1,000-₹5,000

Total: ₹20,000 to ₹5 lakhs+ depending on complexity

Time Duration:

Small causes court: 1-2 yearsDistrict court: 3-5 yearsHigh court: 5-10 yearsSupreme Court: 10+ years

Delays caused by:

• Adjournments

• Pending cases

• Evidence time

• Judge transfers

Tips to Win Civil Case:

1. Strong documentation – Evidence is everything

2. File within limitation – Don't delay

3. Be truthful – Lies get caught

4. Attend hearings – Don't take adjournments

5. Follow court orders – Strictly

6. Keep records – All receipts, notices

7. Good lawyer – Experience matters

8. Patience – Courts are slow

9. Settlement – Consider if offered reasonably

10. Maintain dignity – Court expects proper conduct

Alternative to Court: Mediation

Before filing suit, try:

• Mediation

• Arbitration

• Conciliation

• Lok Adalat

Benefits:

• Faster (3-6 months)

• Cheaper

• Confidential

• Less adversarial

• Win-win solution

Many courts have in-house mediation centers. Free service!

Common Mistakes to Avoid:

❌ Filing in wrong court (dismissed)❌ Missing limitation period (time-barred)❌ Insufficient court fee (returned)❌ Poor drafting (weak case)❌ No evidence (case lost)❌ Wrong party name (case fails)❌ Not serving defendant properly (delayed)

Real Example:

Amit lent ₹5 lakh to his friend Vijay in 2022. Vijay didn't return. Amit had:

• Written agreement

• Bank transfer proof

• WhatsApp messages

Amit filed civil suit in district court in 2024 (within 3 years). Court fee: ₹8,000. Lawyer: ₹30,000.

After 18 months (faster than usual), court decreed in Amit's favor with 12% interest. Vijay had to pay ₹6.5 lakh total.

Amit recovered money because he had strong evidence!

Conclusion:

Filing civil case seems complicated, but with right knowledge and preparation, you can do it. Remember – evidence is king. Good documentation means 50% case already won.

Thinking of filing a case? Consult a lawyer, prepare well, and be patient. Justice may be slow, but it's worth the wait!