Civil Law Departments in India – Detailed Description

Civil Law deals with disputes between individuals, organizations, or entities where compensation or specific relief is sought instead of criminal punishment.

Civil cases include property disputes, contract matters, family disputes, tenancy issues, recovery of money, injunctions, and tort claims.

Civil cases address private rights and compensation, while criminal cases involve offences against the state that may result in punishment.

Civil cases are decided based on the “preponderance of probabilities,” unlike criminal cases, which require proof “beyond reasonable doubt.”

A civil case begins with filing a plaint before the appropriate Civil Court along with supporting documents and court fees.

Jurisdiction depends on the value of the claim, location of the property or cause of action, and the residence of the parties.

A plaint is the written statement filed by the plaintiff outlining the facts, relief sought, and legal grounds of the civil case.

It is the defendant’s reply to the plaint, denying or admitting allegations made by the plaintiff.

An injunction is a court order restraining a person from doing something or directing them to perform a specific act.

A temporary injunction is granted for a short period to maintain status quo until the case is finally decided.

Specific performance is a remedy where the court directs a party to fulfil contractual obligations instead of paying damages.

Limitation periods vary depending on the nature of the suit and are governed by the Limitation Act, 1963.

Yes, disputes may be resolved through mediation, conciliation, negotiation, or arbitration.

A decree is the final decision of the court that conclusively determines the rights of the parties.

An ex-parte decree is passed when one party fails to appear in court despite proper notice.

Yes, it can be set aside by filing an application if valid reasons for non-appearance are shown.

An appeal is filed before a higher court challenging the decision of a lower court.

Revision is filed before the High Court to correct jurisdictional errors made by lower courts.

A party may request the same court to review its own judgment under certain limited circumstances.

Yes, compensation may be claimed for financial loss, mental distress, or injury caused due to the wrongful act of another.

A tort is a civil wrong causing harm or injury that results in liability for damages.

Yes, you may represent yourself, but legal assistance ensures proper procedure and presentation of your case.

A legal notice is a formal written communication indicating a claim or grievance before filing a suit.

In many cases (e.g., contract disputes, tenancy issues), it is advisable or legally required before initiating litigation.

Timelines vary depending on complexity, evidence, and court workload.

It is a request filed during the pendency of the main suit for temporary relief or orders.

Yes, a plaintiff can withdraw the case with permission from the court.

The court may proceed ex-parte and decide based on the plaintiff’s evidence.

Mediation is a voluntary process where a neutral mediator assists parties in reaching a compromise.

Yes, courts often encourage or refer disputes to mediation under the Civil Procedure Code.

A stay order temporarily halts proceedings or prevents enforcement of a decision.

Court fees depend on the nature and value of the suit and differ from state to state.

Many courts in India allow e-filing of cases through their official portals.

Yes, foreign nationals may file civil suits if the cause of action arises in India.

These involve ownership, possession, partition, succession, or boundary issues.

Yes, a suit for recovery of money may be filed for unpaid dues, loans, or damages.

A suit filed to formally declare rights, status, or legal character.

A permanent injunction is granted after trial to restrain a party permanently from certain acts.

Yes, through a properly filed appeal, subject to statutory requirements.

Parties may seek execution of the decree to enforce rights granted by the court.