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. 1^st part is ‘The Body of the Code’ which comprises of 12 parts consisting of 158 sections, and the 2^nd 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