Civil Lawyers

Civil Lawyers

Civil Laws (Procedure)

Common questions on ‘Civil Laws’

  • What is civil law?
  • What is the procedure of a civil case in India?
  • What are the main features of civil laws?
  • How to file a case of civil matter?
  • Where to file a suit of civil matter?

What is civil law?

Procedural laws prescribe procedure for the enforcement of rights and liabilities. Effect of substantive laws to a large extent depends on the quality of procedural laws. The governing law for Civil Procedural Laws is the ‘Code of Civil Procedure, 1908’.  The object of the code is to consolidate and amend laws relating to the procedure of Courts of Civil judicature, it is to facilitate justice.

“A procedural law is always sought in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by the substantive law.” – SC in Saiyad Mohd Bakar v. Abdulhabib Hasan (1998) 4 SCC 343 at p. 349.

 

Some features of the Code of Civil Procedure, 1908:

  • This Act is applicable to whole of India except the state of Jammu & Kashmir AND the state of Nagaland and the tribal areas
  • Since the aim of procedural laws is to supplement substantive laws and the relevant statutes, at instances of dispute b/w CODE OF CIVIL PROCEDURE, 1908 and a specialised statute, the special law gains prominence over CODE OF CIVIL PROCEDURE, 1908; however, at instances of a general law’s silence on a matter the applicable provisions of CODE OF CIVIL PROCEDURE, 1908 become applicable.
  • There are two major parts in CODE OF CIVIL PROCEDURE, 1908. 1st part is ‘The Body of the Code’ which comprises of 12 parts consisting of 158 sections, and the 2nd part is comprised of the Schedule which contains orders & rules.
  • When a court adjudicates a dispute, it either dismisses the case or provides for a decree. Decree is the expression of an adjudication which conclusively determines the rights of the parties, Judgement refers to the grounds for this decision. Order is a decision of the court which is not a decree. All Decrees are Orders however all Orders are not Decrees.
  • CODE OF CIVIL PROCEDURE, 1908 recognizes 4 primary types of jurisdictions, they are the; territorial jurisdiction, pecuniary jurisdiction, jurisdiction over subject matter, and the Original & Appellate Jurisdiction.
  • As per Section 10 of CODE OF CIVIL PROCEDURE, 1908, no court should entertain a suit if it is pending before a competent court under the same title and between the same parties.
  • Courts in the interest of justice, may exercise discretionary powers. This is known as the ‘Inherent powers of the Court’.
  • Section 89 of CODE OF CIVIL PROCEDURE, 1908 refers to Mediation
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Search Result : Expert Civil Lawyers

Consult Expert Civil Lawyers in India

Advocate Abhimanyu Shandilya Best Civil Lawyer

Advocate Abhimanyu Shandilya

Kolkata |

Area of Practice

  • Civil
  • Cheque Bounce
  • Divorce
  • Consumer Protection
  • Property
Total Answers Given : 3369 View All Answers
Advocate Advocate Anik Best Civil Lawyer

Advocate Anik

Bangalore |

Area of Practice

  • Civil
  • Anticipatory Bail
  • Administrative Law
  • Animal Laws
  • Bankruptcy and Debt
Total Answers Given : 13617 View All Answers
Advocate Prithvi Raj Sikka Best Civil Lawyer

Advocate Prithvi Raj Sikka

Delhi |

Area of Practice

  • Civil
  • Commercial
  • Insurance
  • Real Estate
  • Debt and Lending Agreement
Total Answers Given : 19 View All Answers
Advocate Anish Palkar Best Civil Lawyer

Advocate Anish Palkar

Mumbai | Thane | Mumbai suburban | Navi Mumbai | Mumbai City |

Area of Practice

  • Civil
  • Cheque Bounce
  • Domestic Violence
  • Cyber, Internet, Information Technology
  • Consumer Protection
Total Answers Given : 883 View All Answers
Advocate Prabhakara Shetty Best Civil Lawyer

Advocate Prabhakara S K Shetty

Bangalore |

Area of Practice

  • Civil
  • Property
  • Consumer Protection
  • Banking
  • Family
Total Answers Given : 668 View All Answers
Advocate Advocate Arvind Tripathi Best Civil Lawyer

Advocate Arvind Tripathi

Delhi | Lucknow | Allahabad |

Area of Practice

  • Civil
  • Corporate and Incorporation
  • Property
  • Cheque Bounce
  • Maternity
Total Answers Given : 2 View All Answers
Advocate Shrikrushna Tambde Best Civil Lawyer

Advocate Shrikrushna Tambde

Nagpur |

Area of Practice

  • Civil
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Debt And Lending Agreement
  • Domestic Violence
Advocate Bharat Majmundar Best Civil Lawyer

Advocate Bharat Majmundar

Vadodara | Ahmedabad | Gandhinagar |

Area of Practice

  • Civil
  • Divorce
  • Documentation
  • Property
  • Criminal
Total Answers Given : 1 View All Answers
Advocate Yusuf Mithi Best Civil Lawyer

Advocate Yusuf Shabbir Mithi

Mumbai suburban | Thane | Mumbai | Navi Mumbai | Mumbai City |

Area of Practice

  • Civil
  • Cheque Bounce
  • Will
  • Licensing
  • Trust and Society (NGO)
Total Answers Given : 14 View All Answers
Advocate Girraj Prasad Best Civil Lawyer

Advocate Girraj Prasad

Jaipur |

Area of Practice

  • Civil
  • Divorce
  • Banking
  • Family
  • Criminal