If you’re a law student or a budding advocate, understanding civil litigation is essential. Whether you’re preparing for your internships or first courtroom appearance, knowing each step—and the laws behind them—gives you a professional edge.
Let’s walk through the civil litigation process in India, along with the legal provisions that apply.
Step 1: Client Consultation
Every case starts with understanding the client’s issue.
You’ll need to assess:
- Is it a civil matter (not criminal)?
- Is it within the Limitation Act, 1963?
Key Law Involved:
- Limitation Act, 1963 – sets deadlines for filing different types of suits.
Tip: Always take written instructions and gather documents early.
Step 2: Legal Research and Case Evaluation
Before going to court, check
- If the Civil Procedure Code, 1908 (CPC) supports the claim
- If there’s a relevant precedent or statutory provision
Key Tools:
- CPC, 1908
- Indian Contract Act, Transfer of Property Act, Specific Relief Act, etc. (depending on the case)
Step 3: Drafting the Plaint
This is the official document to start a civil suit.
It must include:
- Cause of action
- Jurisdiction
- Legal relief sought
- Verification
Key Law Involved:
- Order VII, Rule 1 of CPC, 1908 – Format and content of a plaint
- Section 26 of CPC – Institution of suits
- Order VI (Pleadings in general)
Attach necessary documents and affidavits as per Order XI (Disclosure and Discovery of Documents).
Step 4: Court Fees and Filing
Pay the prescribed court fee based on the relief claimed.
Then, file the plaint before the appropriate court.
Key Laws Involved:
- Court Fees Act, 1870 – Determines fee based on suit type
- CPC – Section 15-20 – Jurisdiction (territorial and pecuniary)
Step 5: Issuance of Summons
The court will issue a summons to the defendant to appear and respond.
You, as a lawyer, ensure proper service through registered post or court officers.
Key Law Involved:
- Order V of CPC, 1908 – Issue and service of summons
Step 6: Written Statement by Defendant
The defendant replies to the plaint via a written statement within 30 days, extendable up to 90 days.
Key Law Involved:
- Order VIII of CPC – Written statements, denials, and set-offs
Step 7: Replication and Framing of Issues
The plaintiff may file a replication in response.
Next, the court frames issues that summarize what needs to be proved.
Key Law Involved:
- Order XIV of CPC – Framing of issues
- Order X – Admissions and denials
Step 8: Evidence Stage
Both sides present their evidence through:
- Examination-in-chief (by affidavit)
- Cross-examination
- Re-examination
Key Laws Involved:
- Order XVIII of CPC – Hearing of suit and examination of witnesses
- Indian Evidence Act, 1872 – Rules of admissibility, burden of proof, etc.
Step 9: Final Arguments
Once the evidence is complete, both sides present oral arguments.
You must refer to legal provisions, case laws, and apply them to the facts.
Key Law Involved:
- Order XVIII, Rule 2 of CPC – Right to begin and conduct arguments
Step 10: Judgment and Decree
The court pronounces its judgment and passes a decree (formal expression of the decision).
Key Laws Involved:
- Section 33 of CPC – Judgment and decree
- Order XX of CPC – Writing and delivery of judgment
Post-Judgment Options
If the client is dissatisfied, they can
- File an appeal – Section 96 (First appeal), Section 100 (Second appeal)
- File for review – Order XLVII
- Execute the decree – Under Order XXI
Other Laws That May Apply:
- Arbitration and Conciliation Act, 1996 (if there’s an arbitration clause)
- Specific Relief Act, 1963 (for injunctions or contract enforcement)
To know more about civil litigation, you may check out this resource.
