Civil & Property · In Hindi
Transferring a case from one district court to another
How a case pending in one district court can be transferred to another, and the procedure for seeking a transfer.
Civil, Criminal & Pre-Litigation
Civil Litigation
Civil litigation resolves disputes over money, property, contracts and legal rights through suits under the Code of Civil Procedure, 1908. Remedies include recovery of money, injunctions, declarations and specific performance of contracts.
Matters handled
- Recovery of money
- Ordinary suits, and summary suits under Order XXXVII of the CPC for liquidated sums based on written contracts and negotiable instruments.
- Injunctions
- Temporary injunctions under Order XXXIX of the CPC and permanent injunctions to restrain unlawful acts.
- Declarations
- Suits declaring legal character or rights in property.
- Specific performance
- Enforcement of contracts, particularly for the sale of immovable property, under the Specific Relief Act, 1963 as amended in 2018.
- Property and partition
- Title, possession and partition suits. See Land & Property Litigation.
- Execution
- Enforcement of decrees through attachment, sale and other modes.
- Civil appeals
- First and second appeals, and revisions.
How proceedings typically run
- Legal notice Usually the first step, and mandatory before suing the government under Section 80 of the CPC.
- Plaint The suit is filed with the required court fee in the court having territorial and pecuniary jurisdiction.
- Written statement The defendant ordinarily files a reply within 30 days of service, extendable within limits.
- Issues and evidence The court frames issues; the parties lead documentary and oral evidence.
- Decree and execution Final arguments, judgment and decree, followed by execution if the decree is not satisfied.
Documents usually needed
- Contracts, agreements and correspondence
- Title documents and revenue records, in property matters
- Invoices, statements of account and proof of payment
- Legal notices sent or received
Please do not send original documents or confidential material through this website. Documents are reviewed only after the chamber has agreed to consider a matter.
Watch
Common questions
How long do I have to file a civil suit?
It depends on the claim. Under the Limitation Act, 1963 many suits for money or on contracts must be filed within three years, but periods vary and should be checked early.
Is a legal notice necessary before filing a suit?
Not always, but it is often advisable. It is mandatory before suing the government, under Section 80 of the Code of Civil Procedure.
Related areas
General information only, not legal advice. The law stated is subject to change; reviewed by Hanmat Lodhi Advocate.
Professional enquiries
Contact the chamber
Enquiries are received by telephone and at the chamber. Please do not send confidential documents through this website or social media.