public

Loading...

Civil Litigation in India

published by FDR India

Want to create a visual like this?

Get Started
Loading
CIVIL LITIGATION IN INDIA
OBSTACLES IN THE PATH OF JUSTICE
LITIGATION EXPENSES
UNREASONABLE DELAY
ADJOURNMENTS
FINANCIAL CONSTRAINTS
CIVIL LITIGATION IN INDIA
In May 2015, the media reported a case which has been pending in the Jharkhand High Court for the past 57 years.
A company petition which was originally filed in Dharwad district in 1985 appeared before Karnataka High Court in the year 2015. It took thirty years for it to be "admitted" as a civil suit.
Source : The Hindu,May 5, 2015
CIVIL JUSTICE
WORLD JUSTICE PROJECT 2015 GLOBAL RANK - 88/102
TOP 3 FACTORS AFFECTING INDIA'S PERFORMANCE
No Unreasonable delays : 0.24/1
Accessibility & Affordability : 0.31/1
Effective Enforcement : 0.38/1
JUSTICE DELAYED IS JUSTICE DENIED
Data as on 31/3/2014 From Report No. 253 of Law Commission of India
CIVIL LITIGATION IN INDIA
THE STAGES, INITIATION & DISPOSAL
STEP 1
PRE-TRIAL REQUIREMENTS
TRIAL PROCEEDINGS
CASE MANAGEMENT
DISCLOSURE & ADMINISTRATION OF EVIDENCE
REMEDIES
STEP 4
STEP 5
STEP 3
STEP 2
PRE-LITIGATION REQUIREMENTS
COMPONENTS  OF  JURISDICTION
Territorial
Pecuniary
Subject-matter
Courts shall only try those suits which fall within the pecuniary (monetary) limits of their original jurisdiction. Determined by the plaintiff's valuation of the case, in his plaint.
A civil suit is instituted at the place where the subject matter is located subject to the pecuniary or other limitations.
SECTION 20, CPC
SECTION 16, CPC
SECTION 6, CPC
The place where: The defendants reside or carry on their business OR where the 'cause of action' arises.
Plaint
TRIAL PROCEEDINGS
I.      INSTITUTION OF SUIT
Summons
Pleadings
The plaintiff has to first present a plaint before the court. The facts of the case are proved by an affidavit.
 Summons are issued to the defendant, directing him to appear in court, answer the claim of the plaintiff & file a Written Statement (W.S)  in his defence, within 30 days (max-90 days)
Order 6 of CPC says that For 'pleadings', the plaintiff & the defendant must state all the relevant material facts of the case in a cogent and concise manner.
TRIAL PROCEEDINGS
II.  PRELIMINARY ISSUES
Jurisdiction Issues
Suit Barred U/ Law
When a decision on jurisdiction cannot dispose of the suit, the issue cannot be tried as a preliminary one. If, at any time, the court feels from the plaint that it has 'NO JURISDICTION' to entertain the matter, it can return the plaint.
Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall pronounce judgment on all issues.
Barred under: --Limitation Act, 1963, --'Res Judicata' principle, -- Implied/Express     exclusion of jurisdiction.
ORDER XIV, RULE 2, SUB RULE 1
CASE MANAGEMENT
-Institution of suit via plaint filed by Plaintiff -Summons issued to Defendant -W.S filed by Defendant in 30 days
Documents produced with court permission: -By plaintiff (not produced w/plaint) -By defendant (not produced w/ W.S)
Framing of issues by the Court
Oral Arguments by both parties - Time-limit @ discretion of court - No adjournment for filing written arguments
-Examination-in-chief of witness (Recorded on affidavit) -High Court - Commissioner Subordinate Courts - Court/Commissioner
Judgment At once/ within 30 days/ extended not beyond 60 days
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
Disclosure of Evidence
Only those documents that have been mentioned in the plaint, entered in a list and presented in the court with the plaint = EVIDENCE
Discovery by Interrogation
The Plaintiff or Defendant  can deliver interrogatories in writing for examination of the other party, with the court's permission.
Discovery & Inspection
The Plaintiff or Defendant  can, with the court's order, direct the opposite party to make discovery of documents that are in dispute.
Professional Privilege
        Injurious to public interest
DISCLOSURE & ADMINISTRATION OF EVIDENCE
DISCLOSURE & ADMINISTRATION OF EVIDENCE
Documents relied on in plaint
Only those documents that have been entered in a list and presented in the plaint.
Statement & production of evidence
Recording of Evidence
Recorded either by the Court or a Commissioner appointed by the Court.
Commission
To examine any person, to make a local investigation etc.
No adjournment shall be granted for the purpose of filing written arguments unless Courts permit this, and record their reasons in  writing.
REMEDIES GIVEN BY THE COURT
Specific Performance
Specific Relief
InjunctiveRelief (Temporary /Permanent)
Prepared by R&D Unit :