Civil Suits Related To Property

A civil case pertains to a legal conflict involving two or more parties, such as individuals or organizations, who are seeking a resolution or compensation for damages. In contrast to a criminal case, where the government prosecutes an individual for an offense, a civil case is a private matter addressed by a civil court. The consequences in civil cases generally involve financial compensation rather than incarceration.

Common types of civil cases include:

Breach of contract: This occurs when one party does not meet their obligations as outlined in a verbal or written agreement.

Property disputes: These are disagreements concerning property ownership, inheritance, or land acquisition.

Family law: This encompasses issues such as divorce, child custody, and maintenance.

Tort claims: These involve wrongful actions that inflict harm on another individual, their property, or their reputation, including personal injury, negligence, and defamation.

Landlord-tenant issues: These disputes arise over matters such as eviction, unpaid rent, or security deposits.

Consumer disputes: These cases involve issues related to defective products or services, including those overseen by the Real Estate Regulatory Authority (RERA).

The civil procedure in India is governed by the Code of Civil Procedure, 1908 (CPC), which sets forth the rules for managing a civil lawsuit. The usual stages include:

Filing of the plaint: The plaintiff commences the suit by submitting a formal document known as a “plaint,” which outlines the cause of action and the relief being sought.

Service of summons: The court issues a summons to the defendant, formally informing them of the lawsuit.

Filing of the written statement: The defendant submits a written statement in reply to the plaintiff’s allegations, disputing specific claims.

Identification of issues: The court determines the precise points of contention as outlined in the plaint and the written statement.

Presentation of evidence and cross-examination: Each party submits their evidence and calls witnesses. Subsequently, the witnesses are subjected to cross-examination by the attorney representing the opposing party.

Concluding arguments and verdict: The attorneys present their final arguments, after which the court renders a judgment. Should the plaintiff prevail, the court issues a decree, which serves as a formal directive.