Filing a civil suit in India involves a structured process governed by the Code of Civil Procedure, 1908 (CPC). Whether you're dealing with property disputes, breach of contract, or damages, understanding the step-by-step procedure is essential to seek legal redress.
This article breaks down the complete procedure for filing a civil suit in Indian courts.
A civil suit is a legal dispute between two or more parties where one seeks relief or compensation from the other. Unlike criminal cases, civil suits are generally about rights and liabilities, not punishment.
Examples:
Property disputes
Contractual breaches
Loan defaults
Recovery of money
Family disputes (not involving crimes)
Before filing, you may send a legal notice to the opposite party, giving them a chance to settle the matter.
Why send?
Shows good faith
Strengthens your case
Required in some cases (e.g., cheque bounce, government entities)
A plaint is the legal document that sets out the facts of your case, the relief you seek, and the grounds for it.
It must contain:
Name and address of parties
Jurisdiction of court
Cause of action
Specific relief claimed
Valuation and court fees
Verification clause
Your case must be filed in the appropriate:
Territorial jurisdiction (where defendant resides or cause of action arose)
Pecuniary jurisdiction (value of the claim)
Subject-matter jurisdiction (nature of the suit)
Under the Court Fees Act, appropriate court fees must be paid depending on the nature and value of the suit. Your advocate will guide you.
Once the plaint is ready and stamped:
File it at the filing counter of the Civil Court
Attach supporting documents and an affidavit
Pay court fee and process fee
You’ll receive a suit number and diary number.
The court will issue a summons to the defendant under Order V of CPC, asking them to appear and respond to your claims.
Defendant must file a written statement (reply) within 30 days (extendable up to 90 days).
After the pleadings are complete, the court frames the issues to be decided during trial. These are based on disputes raised by both parties.
Both parties present:
Oral evidence (statements of witnesses)
Documentary evidence (contracts, receipts, photos, etc.)
Cross-examination is conducted for each witness.
After evidence is concluded, both parties argue their case. Legal precedents, facts, and evidence are cited.
The court pronounces its judgment, and issues a decree. The decree is enforceable and may include:
Monetary compensation
Injunction orders
Declaration of rights
Execution Petition (for enforcement)
Appeal or Revision (if dissatisfied)
| CPC Provision | Description |
|---|---|
| Order VII CPC | Drafting and format of plaint |
| Order V CPC | Summons to defendant |
| Order VIII CPC | Written statement |
| Order X CPC | Framing of issues |
| Section 9 CPC | Jurisdiction of civil courts |
Consult a qualified civil lawyer
Keep all documentary evidence organized
Check if mediation or settlement is possible
Ensure court fees are correctly paid
File within limitation period
Filing a civil suit in India is a legal right that must be exercised with preparation and precision. With the help of a competent advocate and a clear understanding of procedure, you can effectively seek legal relief through civil courts.
