How to File a Civil Suit in India: Complete Step-by-Step Court Procedure
- Chirag SEHRAWAT
- 2 days ago
- 6 min read
Have a legal dispute over property, money, or contract? A civil suit is your remedy. Here's how to file one and what to expect.
What is a Civil Suit?
A civil suit is a legal action to enforce private rights or seek remedies for civil wrongs (not criminal). It's filed by one private party (plaintiff) against another (defendant) in a civil court.
Common Types of Civil Suits:
Money Recovery: Recovering loans, dues, compensation
Property Disputes: Title disputes, partition, possession
Specific Performance: Forcing party to fulfill contract
Injunction: Stopping someone from doing something
Declaration: Getting court to declare legal rights
Partition: Dividing jointly owned property
Eviction: Removing tenant
Breach of Contract: Damages for broken agreement
Defamation: Compensation for reputation damage
Matrimonial: Divorce, maintenance, custody
Before Filing Suit:
Step 1: Assess Your Case
Do you have strong evidence?
Is there a valid legal cause?
Have you tried settlement?
Is litigation necessary?
Can you afford it?
Step 2: Send Legal Notice Most cases require sending legal notice (15-30 days) before filing suit. Gives opponent chance to settle.
Step 3: Collect All Documents Gather complete evidence and paperwork.
Step 4: Consult Lawyer Civil litigation is complex – lawyer's help highly recommended.
Determining Jurisdiction:
Three Types of Jurisdiction:
1. Territorial Jurisdiction (Where to File)
File suit where:
Defendant resides or works
Cause of action arose (where dispute happened)
Property is located (for property cases)
Contract was to be performed
Example: If you lent money in Mumbai to someone living in Delhi, you can file in either Mumbai (where cause arose) or Delhi (where defendant lives).
2. Pecuniary Jurisdiction (Which Court)
Based on claim value:
Small Causes Court: Up to ₹20 lakhs (varies by state)
District Court: Above ₹20 lakhs up to ₹3 crores (varies)
High Court: Above ₹3 crores or writ petitions
3. Subject Matter Jurisdiction
Special courts for specific cases:
Family Court: Matrimonial disputes
Commercial Court: Business disputes above ₹3 lakhs
Consumer Court: Consumer complaints
Debt Recovery Tribunal: Loan recovery by banks
Documents Required to File Suit:
Essential Documents:
Plaint (main document stating your case)
Vakalatnama (authority to lawyer)
Court fee stamps (as per valuation)
Index of documents (list of all papers)
Affidavit verifying facts in plaint
Supporting Documents: 6. All evidence supporting your claim:
Agreements/contracts
Sale deeds/property papers
Payment receipts
Correspondence (emails, letters)
Bank statements
Photos/videos
Witness statements
Expert reports
Any other relevant proof
How to Draft a Plaint:
A plaint is the foundational document. It must contain:
Format of Plaint:
IN THE COURT OF _____ [Name of Court]
AT _____ [Place]
ORIGINAL SUIT NO. ___ OF 2024
[Plaintiff's Name & Details]
...Plaintiff
Versus
[Defendant's Name & Details]
...Defendant
PLAINT
The plaintiff most respectfully submits as under:
1. PARTIES:
[Describe who plaintiff and defendant are, their addresses]
2. JURISDICTION:
[Why this court has power to hear case]
3. CAUSE OF ACTION:
[When and where dispute arose]
4. FACTS:
[Chronological narration of events]
- On [date], [what happened]
- On [date], [next event]
- [Continue chronologically]
5. PLAINTIFF'S CASE:
[Your legal arguments]
6. RELIEFS CLAIMED:
[What you want court to order]
7. VALUATION:
[Monetary value of claim]
8. COURT FEES:
[Amount paid as court fee]
PRAYER:
[Summarize what you're asking from court]
VERIFICATION:
[Statement that contents are true]
Place:
Date:
[Plaintiff's Signature]Key Requirements:
Clear, concise language
Chronological facts
All material facts included
No unnecessary details
Properly numbered paragraphs
Mention all documents relied upon
Specific relief claimed
Proper valuation
Calculating Court Fees:
Court fees based on:
Value of suit
Type of relief
For Money Claims: Usually 3-5% of claim amount (varies by state)
Example: Claim: ₹10,00,000 Court Fee @ 3%: ₹30,000
For Property: Based on market value or guidance value
For Injunction/Declaration: Fixed court fee (₹500-₹5,000)
Step-by-Step Filing Process:
Step 1: Draft Plaint
Lawyer drafts plaint
Include all facts and documents
Calculate claim value correctly
Step 2: Purchase Court Fee Stamps
Buy from authorized vendors
Affix to plaint
Cancelled properly
Step 3: Prepare Copies
Original for court
One copy for each defendant
One for your record
Extra copies as required
Step 4: File in Court
Visit filing counter at court
Submit plaint with documents
Pay any additional fees
Get acknowledgment/diary number
Step 5: Scrutiny by Court
Court clerk checks if complete
May point out defects
Rectify defects within time given
If proper, plaint accepted
Step 6: Case Number Allotted
Suit gets official number
"Original Suit No. ___ of 2024"
Case registered
Step 7: Summons Issued
Court issues summons to defendant
Served by court process server
Or sent by registered post
Or served through lawyer
What Happens After Filing:
Stage 1: Summons to Defendant (1-3 months)
Defendant receives court notice
Must appear in court
Can file written statement
Stage 2: Written Statement (30-120 days)
Defendant files reply to plaint
Denies or admits facts
Raises defenses
May file counter-claim
Stage 3: Replication (Optional)
Plaintiff can reply to written statement
Address new points raised
Stage 4: Framing of Issues (4-6 months)
Court identifies disputed questions
Called "issues"
Forms basis of trial
Stage 5: Evidence (6-18 months)
Plaintiff's Evidence:
Documents filed
Witnesses examined
Cross-examination by defendant
Defendant's Evidence:
Their documents filed
Their witnesses examined
Cross-examination by plaintiff
Stage 6: Arguments (12-24 months)
Both lawyers present final arguments
Refer to evidence and law
Court may ask questions
Stage 7: Judgment (18-36 months)
Court decides case
Judgment pronounced
Reasons given in writing
Stage 8: Decree (Final Order)
Formal court order passed
Specifies what parties must do
Enforceable by law
Typical Timeline:
Fast-Track Courts: 6-12 months Regular District Courts: 2-5 years High Court: 3-7 years Complex cases: 5-10+ years
Commercial Courts (for business disputes): Aim to decide within 1 year.
Cost of Filing Civil Suit:
Court Fees:
₹10 lakh claim: ₹30,000-₹50,000
₹50 lakh claim: ₹1,50,000-₹2,50,000
₹1 crore claim: ₹3,00,000-₹5,00,000
Lawyer Fees:
District Court: ₹25,000-₹2,00,000
High Court: ₹50,000-₹10,00,000+
Per hearing: ₹2,000-₹25,000
Other Costs:
Documentation: ₹5,000-₹20,000
Process serving: ₹2,000-₹5,000
Miscellaneous: ₹10,000-₹50,000
Total Cost (₹10 lakh suit): ₹1,00,000-₹5,00,000
Remedies Available:
1. Damages (Money)
Compensation for loss
Actual damages
Special damages
General damages
2. Injunction
Temporary: During case
Permanent: After judgment
Stops defendant from doing something
3. Specific Performance
Forces defendant to do what they promised
Common in property sales
4. Declaration
Court declares legal rights
No monetary relief
Clarifies legal position
5. Possession
Court orders delivery of property
Common in property disputes
6. Account
Defendant must provide financial accounts
Common in partnership disputes
7. Cancellation/Rescission
Cancel deed/agreement
Restore original position
Special Procedures:
Summary Suit (Order 37 CPC) For recovering money based on documents like:
Promissory notes
Bills of exchange
Written contracts
Faster process: Defendant must show good defense or judgment passed quickly.
Interlocutory Applications Applications filed during suit for:
Temporary injunction
Stay of proceedings
Amendment of plaint
Adding/deleting parties
Discovery of documents
Ex-Parte Decree If defendant doesn't appear or file written statement:
Plaintiff proves case
Court may pass judgment against absent defendant
Defendant can apply to set aside
Appeals:
If unsatisfied with judgment:
From District Court:
Appeal to High Court within 90 days
Need to deposit some awarded amount (usually 50%)
From High Court:
Appeal to Supreme Court
Only on substantial legal questions
Requires leave to appeal
Important Tips:
✅ File suit within limitation period (usually 3 years from cause of action) ✅ Mention all material facts in plaint ✅ Value suit correctly (affects court fees and jurisdiction) ✅ Choose correct court (jurisdiction issues can delay case years) ✅ Preserve all evidence from day one ✅ Document everything in writing ✅ Attend all hearings (absence can lead to ex-parte) ✅ Follow court procedures strictly
Common Mistakes:
Filing in wrong court
Incomplete pleadings
Missing limitation period
Poor evidence preservation
Not following up regularly
Accepting long adjournments
Not preparing witnesses
Undervaluing the suit
Alternatives to Court:
Before filing suit, consider:
1. Negotiation Direct talks with opponent
2. Mediation Neutral third-party helps settle
Faster (2-3 months)
Cheaper
Confidential
3. Arbitration Private dispute resolution
Parties choose arbitrator
Award is enforceable
Faster than courts
4. Lok Adalat People's court for settlement
Free of cost
Immediate settlement
Final and binding
When to File Suit:
File suit when:
All settlement attempts failed
You have strong evidence
Within limitation period
Prepared for long process
Can afford costs
No other remedy available
After Winning:
Execution of Decree: If opponent doesn't comply voluntarily:
File execution petition
Court can:
Attach property
Attach bank accounts
Arrest judgment debtor
Sell assets to recover
Filing a civil suit is a serious decision. It's time-consuming, expensive, and emotionally draining. Always try to settle amicably first. But if litigation is unavoidable, go prepared with good evidence, a competent lawyer, and realistic expectations. Justice may be slow, but it's worth fighting for your rights.
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