Civil Law Services
India has a comprehensive legal system that governs civil matters. Civil laws in India cover a wide range of issues, including property rights, contracts, family law, and torts. These laws are designed to protect the rights and interests of individuals and provide a framework for resolving civil disputes. The Indian legal system is based on a mixture of legislation and precedent, with the Supreme Court being the highest judicial authority in the country. Civil lawsuits in India are filed in the appropriate civil court based on the nature and value of the claim. The civil courts have the power to hear and decide civil cases, and their decisions are binding on the parties involved. It is important for individuals to have a basic understanding of civil laws in India to navigate the legal system effectively and seek redress for any civil grievances.
Here at Star Legal we provide range of civil law services including Contract Law, Family Law, Laws of Property, Damages, Nuisance and tenancy matters.
Aiming towards
Emphatical Understanding.
Guide/ Suggest the possible aspects of the proceeding (if instituted).
Expected pros/ cons of the the suit.
Alternate for the ulterior benefit.
Services Offered:
Contract
Family/ Divorce
Property Dispute
Damages for property or road accident
Nuisance
Tenancy/ Landlord issues
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What is a civil Suit?
A civil suit is allegation of violation of civil laws.
Essentials of civil suit:
(i) Parties to a suit
(ii) Subject matter in dispute
(iii) Cause of action and
(iv) Relief Claimed
Stages Of Civil Suit:
As per the CPC 1908, the various stages of a civil suit are:
Presentation of the plaint
Service of summons on defendant
Appearance of parties
Ex-party Decree
Filing of written statement by the defendant
Production of documents by parties
Examination of parties
Framing of issues by the court
Summoning and Attendance of Witnesses
Hearing of suits and examination of witnesses
Argument
Judgment
Preparation of Decree
Execution of Decree
Description of the stages:-
1) Presentation of the plaint:
Under Order 7 of CPC 1908.
First Stage of Pleading.
Particulars pf plaint in Rule 1, Order 7.
2) Service of summons on defendant:
Order 5
To call person named as defendant.
On the date specified.
To answer the claims specified.
3) Appearance of parties:
Order 9
Non appearance of : Defendant- The court may proceed ex parte.
Plaintiff- The court may Dismiss the suit.
4) Ex-party Decree:
On non appearance of Defendant
The court may make an order that suits will be heard ex-parte under Order 9
5) Filing of written statement by the defendant:
Order 8
Written statement- Pleading of defendant to answer the plaint.
Specific Denial or Admittance of plaintiff's allegations.
6) Production of documents by parties:
By both plaintiff and defendant.
Documents in possession are presented.
Documents not in possession- Partied to apply court for summoning the person in authority of such
documents.
7) Examination of parties:
Court to ascertain from each party or pleader for admittance or denial of facts in the plaint and written statement
and record such admittance or denial.
8) Framing of issues by the Court:
Order 14
Issues in conflict are framed by the court.
9) Summoning and Attendance of Witnesses
Order 16
Parties to present a list of witnesses in the court, to give evidence or to produce documents.
Such a list shall be within 15 days of settlement of issues.
10) Hearing of suits and examination of witnesses:-
Witness of Plaintiff/ Defendant OR plaintiff/defendant itself are examined.
Cross examination of plaintiff's / defendant's evidence by opposite party.
11) Argument:-
Final Stage of hearing.
As a summary of case and witness as final arguments after all the stages above are over.
12) Judgment:-
Statement given by the judge.
On the ground of which a decree is passed.
13) Preparation of Decree:-
After the judgement.
Prepared by the officer concerned of the court.
14) Execution of Decree:-
Decree-holder compels the judgment-debtor to comply the mandate of the judgement/ decree or order.
Procedure to recovers the fruits of the judgment.
Completed after the money/ thing awarded by judgment, decree or order are received by the Decree holder.