Civil

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

FAQs

What is civil law? 
Civil law is widely referred to as a legal system that deals with the rights of individuals as citizens and possibly can offer them a remedy in cases when their rights have been infringed, whilst excluding criminal law. In India civil law relies mostly on the Code of Civil Procedure 1908 it is a law that prescribes the correct process to be taken in civil Courts. 

What are the major features of civil laws of India? 
Civil laws in India are laid down from the tort laws which entail rights and obligations of the parties till civil punishment. These laws include actions that were done with the aim of regaining something that was lost or where it is alleged that the action was done intentionally under property right or where it is alleged that letter of the law contract has been violated, familial cases and cases to do with torts or civil wrongs. 

What are the steps that are required to be taken on generation of a civil case in India? 
In India for starting any civil action a plaint containing allegations and legal demands has to be filed in a court having jurisdiction. The plaintiff has to follow the rules laid down under the Code of Civil Procedure of India, 1908. 

To what court should any civil suit of matter be taken? 
In civil litigation a civil suit must be instituted in a court of law and particularly in the court with jurisdiction of the matters and the parties to the case In civil litigation a civil suit is supposed to be filed in a lawful court or tribunal and this should be filed in a court that has jurisdiction to handle the kind of case that has been brought before it. Jurisdiction is anchored on several principles and may vary depending perhaps on where the cause of action took place or where the defendant resides or operates from. 

In what manner does mediation is effective in handling civil disputes under Indian law? 
Mediation has a lot of importance in civil disputes in that it affords the disputants an opportunity to resolve their differences amicably under the guidance of a third party (mediator). Some of the other modes of ADR include Court referred mediation which has been provided under Section 89 of the Civil Procedure Code, 1908.