Civil

Indian civil law includes all the legal systems that rule the private rights of citizens, companies and other legal personalities. It involves disputes between individuals, companies, groups or organizations and seeks to offer redress regarding the losses, special events/acts or actions, instead of penal sanctions in criminal law. India’s legal system is partly an enactment of English Common law and partly a civil legal system.

What is Civil Law?

India has recognized the system of civil laws as the system of laws that deal with affairs between individuals. It is therefore different from criminal law where the state takes an individual to court for offences against society while civil law deals with disagreement between two parties. While most civil cases involve procedural damage and parties seek to right the wrong done, the defendants seek to compensate the claimants integrally.

What are the principal goals of civil law?

Civil law mostly deals with every claim of right against a person, punishment for wrongs committed against individuals and protection of rights and remedies. It seeks to resolve disputes concerning contracts, torts, property, family and marriage relations, partnership, and corporations among others.

What Comes Under Civil Law?

It encompasses all legal relations that are not criminal, it is the branch of law which deals with the relation between individuals where one of them wants to obtain satisfaction or performance of obligation by the other. Civil law is supposed to deal with and settle disputes with regard to one’s rights, things or things in rem, and duties and is primarily corrective in nature aiming at compensating the injured party or the enforcement of contract. Below are the major areas covered under civil law, each playing a crucial role in maintaining order and justice in society:

Contract Law

The formation of a contract is a legal relationship where two or more parties agree to be legally bound to certain terms in their agreement.

It provides that legally enforceable contracts whether in writing, oral, or as inferred from conduct are complied with. If one of the parties to the contract is unable to perform its obligations then this is a violation of the contract.

A breach of contract can take various forms:

• Non delivery of the agreed upon goods or services.
• Failure to pay for services provided, or delayed payment.
• Failure to meet or even provide substandard products as per signed contracts.

In such a case, the aggrieved party can institute civil proceedings in court demanding specific relief such as specific performance where the other party’s actions fail to meet agreed contract terms, damages where a party has incurred losses due to another party’s failure to honor the contract and rescission, whereby the contract is terminated, and parties restored to their original position.

Example: The affected construction project is not finished within the agreed time frame hence the service provider has violated the contract. The affected party can sue the contractor and seek for compensation or seek for the completion of the project.

Governing Law: The Indian Contract Act, 1872 provides for the contracts and its repercussions and also for the remedy.

Property Law

Tort law concerns itself with all civil wrongs no matter whether they involve real estate such as land and buildings or personal property such as cars or jewelry. It provides for matters relating to ownership, possession and transfer, sale, and lease of properties. There are also break – in, invasion of privacy, unlawful occupation and acquisition, boundary invasion, and division of coparcenary property under property law.

Common Property Disputes include:

• Ownership disputes: Issues of possessory right or ownership of an asset.
• Boundary disputes: Conflicts between people as to whose property is which.
• Transfer and inheritance issues: Problems arising from the process of conveyance through sale, gift and inheritance.

Property law permits people and companies to own, sell, or pass on any property and also outlines to forces that exist for using the civil justice system to settle disagreements.

Example: A landlord institutes proceedings against a tenant for nonpayment of rent or holding possession of the premises when the tenant has no right to do so with a view to recovering the amount of rent unpaid or to obtain possession of the premises.

Governing Law: The most important enactments in relation to property sale and purchase and succession being the Transfer of Property Act, 1882 and Indian Succession Act, 1925.

Family Law

Family law is a unique section of the law that deals with matters arising out of family relations and these include marriage, divorce, child support, custody, adoption and succession. It is among the least developed topics of civil law as it involves persons and their freedoms or associations.

Common Family Law Issues:

• Marriage and Divorce: Marriage and its legal procedures, lawful separation, and the lawful freeing of matrimony (divorce) process are subjects to family law. Among the reasons for separation there are cruelty, desertion, adultery or parties' consent.
• Child Custody and Maintenance: Problems related to the support of children in case of divorce or separation are especially yielded by the problems of child custody and by the question of maintenance which one of the separated spouses may be obliged to pay for the child.
• Inheritance and Succession: It deals with the distribution of property and other properties at the time of the death of a person particularly if the deceased made no proper will and testament.

Example: A wife may want a divorce on the basis of cruelty and wants the child with her along with a monthly allowance for her as well as the child.

Governing Law: Family law in India is governed by the personal laws formed from religion like the Hindu law, Muslim law, Christian law and others and also formed some specific statutes like Hindu Marriage Act 1955, Muslim personal law, and special marriage Act-1954.

Tort Law

Tort is a common law civil wrong or an unlawful act that results in loss or injury on a person in a given civil case and the injured person is entitled to a remedy.

Depending on the premise of the civil wrong, the principles of tort law distinguish from contract law where the parties voluntarily seek protection by agreement.

Some common types of torts include:

Negligence: Negligent act or omission causing harm to another person, or negligence as defined by the law. For instance, an individual recklessly drives their car, and they result in an accident.

Defamation: Giving out information that is not true and which is likely to lower the reputation of the other person, in written words (atement defamatory in writing) or in words of mouth (atement defamatory verbally).

Nuisance: A disturbance that directly affects a person’s enjoyment of the physical assets in their possession, such as through loud noise or fumes.

In tort law the complaining party can seek compensatory damages from the defendant for harm done to him or her, or he /she may seek an injunction to prevent the defendant from continuing to act in the wrong manner.

Example: A citizen brings an action in civil law against a factory for releasing toxic substances that affect the complainant’s health and property.

Governing Law: Torts under the laws of India are largely based on common law, but are also regulated by statutes such as the Consumer Protection Act, the Motor Vehicles Act, 1988, whenever there is a tortious action due to an accident.

Succession Law

Probate law deals with the manner in which a person’s property is transferred to their legal heirs, upon their demise. There are two types of succession:

Testamentary Succession: Where the deceased person has made a valid will concerning the administration of his or her estate.

Intestate Succession: And where again no will exists, the property is distributed according to the personal laws of the deceased.

Succession laws in regard to intestate are also differentiated depending on the religious community. For instance, Hindu Law that is applicable in India is governed under Hindu Succession Act of 1956; Muslim Law that prevails in the same country is governed under the principles of Islamic inheritance laws.

Common Disputes in Succession Law:

• Admissibility of wills and other issues.
• Conflicts over which one has a right to be considered as a legal next of kin.
• Partition suits where relatives want to separate and divide the shared family property for example ancestral property.

Example: A member of the family challenges a will that does not provide for him/her as a beneficiary of part of the parental property.

Governing Law: These are the Indian Succession Act of 1925, Hindu Succession Act of 1956 and Muslim Personal Law.

Consumer Law

Consumer law aims at protecting the interests of consumers and exercising legal acts of consumers arising from the acquisition of goods and services. It seeks to protect consumers against unfair trade practices, substandard products or services.

Common Consumer Law Issues:

Defective Products: Where goods are offered for sale that are not of the quality that is expected in a particular market.

Unfair Trade Practices: Where it is customary for businesses to use falsehood or deceit or fraudulent information in their advertisement.

Deficiency of Services: In situations where the services delivered by business or the professional fails to perform the required standard and due to that, the consumer has incurred a loss or has been harmed.

District, state, or national level Consumer Dispute Redressal Forums can be approached by consumers in relation to compensation, refunds, or replacement when the value of the claim enables the forum at the national level but not at the district level.

Example: A consumer sues an e-commerce platform for delivering a substandard product and failing to issue a refund.

Governing Law: The Consumer Protection Act, 2019 defines consumer rights and envisioned the creation of consumer tribunals for the administration of justice in consumer transactions.

Every of these areas under civil law has a specific function aiming to defend the rights of citizens, guarantee justice and preserve social order. Civil law offers ways through which anyone who feels unfairly treated may seek restitution or enforcement of the recognized rights in the legal framework, and guarantee that everyone’s disputes are resolved legally. Knowledge of these areas empowers persons to know how to defend their legal entitlements, and where necessary seek redress.

Which civil case is registered most in India?

The most frequently tried civil cases relate to property in India. Such cases may be over issue of ownership of an asset, succession or division of an estate. 

Main Provisions of Civil Law

The CPC of India also known as the code of civil procedure 1908 controls the civil procedures in courts and governs the civil cases Institution. First, basic understanding of certain major legal terms regarding civil suits and their process is important: the position of a plaintiff and a defendant, pleas, plaints, written statements, and appeal in civil cases.

Who is the Plaintiff?

The plaintiff is the party who starts a civil trial as a claimant by filing the document called the Plaint in civil law. A plaintiff is the one who feels that they were harmed or the one who wants the court to order that something be done, generally in the form of an order to pay money.

Who is the Defendant?

The defendant is the accused person or company that is under an allegation in the civil lawsuit. The defendant must answer the allegations of the plaintiff in a written document, may produce his/her/its defense, documents and arguments to the court.

What is Pleading?

Interpretation of pleading refers to the assertion made in writing that the plaintiff files together with the defense filed by the defendant in a civil action. In this context, pleadings are the foundation of a case in that they offer the facts and legal issues that are in controversy. Pleadings consist of two primary documents:

Plaint: The pleadings by the plaintiff that contain the facts of the case and what the plaintiff wants done by the court.

Written Statement: The answer of the defendant, which has been filled in after the receipt of the plaint to state that the defendant is denying the allegations of the plaint and here is his/her/its defense.

Pleadings are provided by Order 6 of the CPC on the provisions concerning the nature and forms that such documents may take.

What is a Plaint?

A plaint is a legal instrument that is drafted by or for a plaintiff to present before a civil court as an initial step to start a case. The plaint sets out on the allegations of the case, the facts that underpin the plaintiff’s allegations, the character of the remedy sought, and the ground for the suit. The plaint must include:

• The name and description of the plaintiff and the defendant.
• Products of a case and rights in reference to the case at hand.
• The specific type of relief or remedy that the plaintiff is seeking to have the defendant provide.

Order 7 of the CPC gives the requirements for a plaint.

What is a Written Statement?

An answer is a legal response which the defendant prepares and submits to the plaint. It is a response to the allegations made in the plaint where the defendant either allows or denies each and every allegation made against them and may accompany the response with further facts. Where the defendant intends to raise a counterclaim or set-off, this is also indicated in the written statement.

Order 8 of the CPC gives the procedure that is followed when filing a written statement. It is usually needed to be submitted within thirty days after the receipt of plaint but not more than ninety days if allowed.

Filing of Civil Case in India

The legal process through which a person or entity initiates a civil suit in India is orderly and has some crucial stages through which the issue reaches its proper legal decision.

Step 1: Hire a Lawyer

In civil litigations, seeking the service of a competent legal practitioner who practices in the specific area of the law is recommended before instituting civil litigation or after taking legal advice, the case should be filed under the relevant area of law i.e property law, contract law or family law among others. An attorney will contribute in the preparation of your case, representing you in the court as well as directing you on legal processes.

Step 2: Serve Legal Notice

For most civil suits, the starting point is normally to serve the party being sued with a legal notice. This notice contains the complaints list and the time limit within which the complaint should be addressed. The main reason is that it is a legal way of allowing the other party to resolve the issue without the intervention of the court.

Step 3: Filing a Plaint

When the legal notice does not work, the next course of action will be getting a plaint which is the legal document in civil court that outlines the plaintiff’s side of the case. The plaint should state the substance of the controversy, the parties to the suit, the facts of the case, and the prayer to be made.

Step 4: Payment of Court Fees

While instituting the case, the plaintiff is expected to pay some fee that is referred to as a court fee. The fee often depends on the nature of the dispute and its importance. The amount may differ depending on the state and the type of a case as well as its nature.

Step 5: Summoning the Defendant

When the court has taken the plaint, it then serves the defendant with a summons that includes information on the case as well as a copy of the plaint. The summons describes when the defendant is required to be in court with a given date.

Step 6: Defendant’s Written Statement

In response to the plaint, the defendant must make a written response to the summons that has been issued. This is basically the defendant’s account of the case and his response to the allegations levelled against him by the plaintiff. 

In general, the purpose of the written statement is that it has to be filed within a certain timeline which is 30 days in most cases.

Step 7: Framing of Issues

After the filing of affidavits, counter-affidavits, and the reply and rejoinder, the court-backgrounds or defines the issues, that is, the major points of controversy that must be addressed. These become the issues for the trial.

Step 8: Trial

At the trial, the defendant together with the plaintiff produces documents and takes witnesses to testify in the case. Interrogation of the witnesses is also carried out and cross examination of the same also takes place. The judge listens to both parties and then looks into all evidence to give a judgement.

Step 9: Judgment and Decree

The trial at completion sees the court passing a decision in regard to the case on the basis of the given facts and/or evidence. In favor of the plaintiff there being given a decree which includes details of the relief or compensation awarded in the case.

How many years does it take for a civil case to be completed?

The Indians' civil cases may take different amounts of time. The least time it may take is a few months while for more complicated issues such as the property issues may take several years. This may be caused by congestion on the courts and other related procedures.

Appeal in Civil Cases

A civil appeal means an action whereby a superior court reviews the decision made by an inferior court of law in a civil matter. The main task of the appellate court is to examine the legal and factual conclusions made by the lower instance of the court and decide whether there were mistakes. Interlocutory appeals can be made on different legal and factual reasons like wrong interpretation of law, violation of rules of procedure and insufficient material.

Key Provisions for Appeals in Civil Cases:

• Section 96 of the CPC: Contains provisions for appeals from original decrees. A party dissatisfied with a judgment or decree of a subordinate court has the right to appeal for the first time.
• Section 100 of the CPC: Enables a second appeal to be made in the High Court on grounds of substantial questions of law.
• Section 104 of the CPC: Provides for the lists of orders from which an appeal can be made.
• Order 41: Ideally outlines how an appeal has to be filed and how the appeal memorandum has to be prepared and the notice has to be served on the other side.

What does the process of appeal mean in civil cases?

The process for filing an appeal typically involves:

• Filing an Appeal: The aggrieved party has to lodge a notice of appeal in the relevant court of appeal and also file an appeal record, and an appeal record memo in which the grounds of the appeal are set out.
• Review by Appellate Court: The appellate court re-opens the case and may accept the appeal on the basis of the grounds of appeal that were given.
• Arguments: In this turn, both sides state their cases to which the appellant has point out the flaws that were committed by the lower court.
• Judgment: The appellate court can affirm, reverse with modification or reverse the decision of the lower court.

Are there any civil cases, in which a party cannot appeal?

In civil cases, not all of them have been allowed an appeal. A number of them are final and conclusive until there is an issue of law that can be raised as capable of raising a real question of law or procured irrelevance. Besides, some situations may mandate permission or leave to appeal and present an appeal to the higher court.

Alternatives to Civil Litigation: Mediation and Arbitration

People do not have to subject themselves to presentation of facts and matters in a court of law whenever they have a civil dispute. In India, there exists mechanisms that mainly operate under the Justice and Law sector to solve disputes in the easiest, cheapest, and most friendly approach; the mediation and arbitration mechanisms. These procedures will afford the parties the platform to solve problems outside court, usually in a faster and more acceptable way to all parties.

Mediation

Mediation is a process in which the disputants voluntarily agree to be helped by a third party neutral who helps the parties reach agreement. 

The mediator does not make a decision and does not act as a judge but as a negotiator of interests between the parties. This is most widely used when the companions have a business or family relationship and wish to continue the relationship during the issue of concern.

Key benefits of mediation include:

• Confidentiality: The mechanism of mediation is not disclosed to the public.
• Control over the Outcome: The parties keep the control in their hands and are not guided by a judicial decision.
• Cost and Time-Efficiency: It is common knowledge that mediation is usually cheaper than taking the issue to court and is also much faster.

Arbitration

Arbitration is even more structured than mediation in that a neutral arbitrator or a panel of arbitrators hears the arguments and evidence of both parties and makes a final determination. Most of the time, the decision of the arbitrator is final and the same as the judgment of a court of law. Arbitration is applied in commercial legal disputes and employment relations because the parties opt for a method that is faster than the court procedure and more specific in nature.

The advantages of arbitration include:

• Faster Resolution: Arbitration proceedings are faster than the normal court trials.
• Expert Decision-Makers: Arbitrators, unlike judges, may well be extremely knowledgeable about the sector in which the disagreement has arisen, which may lead to better decisions.
• Enforceability: An award made in an arbitration proceeding can be as effective as a decision from a court trial, in that it can be executed.

Which Section of CPC Supports and Validates Mediation?

Section 89 of the CPC clearly provides for and endorses the use of mediation in an effort to avoid a fully fledged trial. This section was provided to promote the application of the ADR mechanisms like mediation, conciliation, arbitration, and Lok Adalats in handling disputes.

Pursuant to Section 89 of the CPC, the courts have an inherent jurisdiction to refer the parties to ADR especially where it appears that the claim could be settled by agreement other than by a defended hearing.

This provision empowers the court to play an active role in easing the burden on the judiciary, to encourage the use of out of court settlement and guarantee speedy justice.

Section 89, CPC lays down the following principles:

• If the court finds that there is a chance of a settlement between the parties then it can refer the case to ADR methods like arbitration, mediation, conciliation or Lok Adalat.
• Consent of two individuals involved should be obtained and the process should be optional.
• Either the result of the ADR should be final and conclusive or be subject to court ratification if the parties accept the solution.
• This legal structure highlights that the judiciary of India recommends the amicable resolution of disputes in preference to continued litigation.

Advantages of ADR (Alternative Dispute Resolution)

ADR mechanisms such as mediation and arbitration offer several advantages over traditional court litigation:

• Time-Efficient: ADR methods are often faster than typical civil court procedures; thus, disputes are normally resolved in the shortest time possible.
• Cost-Effective: Because it means the cases do not drag on and on in trial courts, ADR in this way lessens the costs of litigation.
• Confidentiality: While on the other hand, court cases are open to the public and on the other hand, ADR involves privacy to protect everyone’s interests as well as to protect sensitive information.
• Less Adversarial: ADR entails party party cooperation as opposed to arguments, the form of disposing of a dispute without hostility.
• Control over the Process: Although mediation has the parties presenting their issues to a neutral third party who then makes the decision for the parties, it is more involved than a trial because the parties themselves work towards finding a solution.
• Specialization: Arbitral tribunal has always been known for the provision of specialized arbitrators in matters regarding the specific field or specialism thereby promoting the generation of better awards.

Section 89 of the CPC has a very affirmative role to play in encouraging ADR mechanism as an efficient option to the civil cases in the Indian legal structure.

FAQs

What are the responsibilities of a civil lawyer in a case?

Civil lawyer assists in regard to legal procedure or process, prepares the documents in concern or in suit for you, and pleads the case for or on your behalf before a court of law. They safeguard your interest and also ensure that the legal process of the case runs smoothly.

Is it possible for a civil matter to develop into a criminal matter?

Yes, if the facts may be, there may be a reason for holding the case in civil and criminal trials. For example a case of fraud will comprise criminal charges along with an action in tort for the recovery of damages.

What are the general procedures to be followed when instituting a civil case?

Yes, civil cases are also governed by time limitation and this depends on the type of case in question. For instance, contract damages must be brought within three years after the breach of a contract.

Is it also possible that civil cases can be resolved without trial?

Yes, negotiations, mediations, and arbitrations are common in civil law because most people do not want to go for a long trial.

Conclusion

Civil law system of India shows the framework for the implementation of civil laws that govern cases between parties and interfere with individual rights. Learning about the extensiveness of civil law, how a civil case is likely to be filed, and the different ADR options means that the parties may work their way through the system well. Whether the case relates to property, children, commercial relations, or injuries to people and their property, having a clear understanding of civil court proceedings make such remedies possible.