How to File a Civil Suit in India? Complete Guide

Are your noisy neighbors making your life difficult? Whether it’s relentless honking, loud music, or construction sounds, certain disturbances demand more than a casual complaint, they require legal action.

Filing a civil suit is a powerful way to assert your rights and address such issues effectively. While it may seem daunting at first, it is a structured process that is designed to give every individual a fair opportunity to present their case.

But noise complaints aren’t the only reason people file civil suits. From financial disputes to personal grievances, civil suits serve as a basis of justice in resolving non-criminal conflicts.

This guide covers everything you need to know about how to file a civil suit in India, making it easier for you to take the first step toward legal recourse.

What is Civil Suit/Case?

A Civil Suit is a legal suit initiated by an individual (the plaintiff) against another individual (the defendant) in a civil court. Disputes involving issues such as contract disputes, property, and family law matters are covered under civil suits.

In a civil court, the party that brings the civil suit is the plaintiff and the party that is being sued is the defendant. The burden of proof is on the plaintiff.

The pre-filing procedure of Civil Cases consists of the steps and accumulating the documents required.

How to file a Civil Suit in India?

The steps to file a civil suit in India are mentioned below:

1. Suit/Plaint Filing

As explained under Order VII, Rule 1, a Plaint is a written complaint or allegations.

The plaint should include the court’s name, the complaint’s nature, name, and address of the parties involved. A verification should also be included mentioning the contents of the plaint are true and correct.

2. Vakalatnama

Under Order III, Rule 4, it is a written document that authorizes the advocate/lawyer to represent them in court. If the plaintiff is representing themselves, then vakalatnama is not required.

Some of the general terms and conditions that are contained in Vakalatnama are:

• The client will not hold the advocate’s responsibility at any moment.
• The client has to bear all the costs and expenses incurred during the proceedings.
• The advocate will have the right to retain the documents if the fees are not paid.
• The client can disengage the advocate at any stage of the proceedings.
• The advocate has the right to decide on his own, in the best interest of clients, during the hearing in court.

3. Plaint Submission

The last step is to submit the plaint before the Chief Ministerial Officer along with the court fees. The court fees depend upon the cases and their documents.

Documents Required to file a Civil Suit in India

The documents required for filing a civil suit in India are listed below:

1. Plaint: This document outlines the case. It includes details of the parties that are involved, facts of the case and relief sought.
2. Vakalatnama: This document is a Power of Attorney that allows the lawyers to act on behalf of the client. It must have the signature of both you and your lawyer.
3. Affidavit: An affidavit acts like a document that supports your plaint. This document should contain facts and must be notarized.
4. List of Documents: A list of all the documents should be submitted along with the plaint. This helps in tracking the evidence provided to the court.
5. Supporting Documents: Supporting documents are those documents that support your claims, such as contracts, receipts, photographs, or any other relevant evidence that is important for the case.
6. Court fee Receipts: A receipt of court fee payment must be attached to the plaint.
7. Suit Notice Copy: If you have issued any legal notice to the other party even before filing the suit, then a copy of that notice must be included.
8. ID Proof: You are required to provide proof of identity, such as Aadhar Card, passport, or voter ID.
9. Address Proof: A document of address proof may be required such as any bill or bank statement.

Trial process

The trial is the post-filing process of civil cases in India. The steps are explained below:

1. Hearing

On the first day of the hearing, if the court decides that the matter has merit, then it will issue notice to notify the opposing party for them to submit their arguments and set a date for the arguments.

2. Defendant's Written Statement

The defendant must be present in the court on the date listed in the notice served to him. Before appearing on the date, the defendant is required to file a ‘written statement’ against the allegations made on him/her by the plaintiff in defense.

The written statement should be filed within 30 days from the day of notice served to the defendant.

The statement should deny the allegations which are wrong according to the defendant. Any allegation not denied will be deemed to be admitted.

3. Plaintiff’s Replication

After the submission of written statements by defendant, the plaintiff will file a replication now. A replication is a reply by the plaintiff to the written statements made by the defendant.

4. Other Documents Filing

After both the parties have filed their submissions, then the court allows parties to submit any other documents that can be used to support their claims.

5. Framing of Issues

The court then frames the issue according to which the arguments will be conducted, and the examination of witnesses takes place. Issues can be framed through facts or law. The court will deal with each issue separately and pass the order accordingly.

6. Final Hearing

On the day of the final hearing, the arguments should be strictly confined to the issue itself. Then the court will issue the final order after hearing both parties' closing arguments, either on the same day or some other date decided by the court.

Order, Judgement and Decree in Civil Cases

1. Order: As explained under Section 2(14) in CPC, an order is a directive issued by the court which may not conclude the rights of both parties. Orders can be either temporary or final. Orders generally are for procedural matters. Not every order is a decree.   
2. Judgement: As defined under Order 20 of CPC, a judgement is a formal decision made by the court that determines the rights of the party involved in a particular case. It concludes the matter and gives the reasons for the decision.    
3. Decree: As mentioned under Section 2(2) of CPC, a decree determines the rights of the parties involved in the suit. A decree can be of two types, preliminary or final. All the decrees are appealable. It is issued to enforce the court’s decision.  

Appeal in Civil Cases

As per section 96 of CPC, an appeal is a legal process through which a party seeks review of the decision made by a lower court or tribunal.  

The main objective of an appeal is to challenge the decision’s correctness, arguing over the errors in law or procedure that affected the decision of the case.  

The appeal is made to the higher court against the lower court’s judgement, order, or decree.

Conclusion 

Filing a civil suit in India may seem like a complex process, but understanding each step, from drafting the plaint to the final judgement, makes it more approachable.  

Civil suits serve as a vital legal tool to protect individual rights in non-criminal disputes, whether it’s resolving property conflicts, noise complaints, or financial disagreements.  

With proper documentation, legal guidance, and adherence to procedures, anyone can seek justice through the civil court system. If you’re considering filing a civil suit, being well-prepared can significantly improve your chances of getting a decision in your favor. 

DigiLawyerAI can be an utmost helper in filing civil suits. From giving solutions to your queries to giving free legal consultation, DigiLawyer has got it all covered.