Understanding the basics of Trial Court Practice (LITIGATION BASICS 1)

Trial courts form the foundation of the Indian judicial system, as they are the courts where litigation originates and where facts are first examined through pleadings and evidence. Trial court practice is fundamentally different from practice before higher courts and tribunals, as it requires close engagement with facts, witnesses, documents, and procedural compliance. A trial court lawyer must possess a practical understanding of both substantive and procedural law, along with the effective application of the law of evidence. The quality of work done at the trial court stage often determines the strength of the case in appellate proceedings.

To master trial court practice, a lawyer must develop sound knowledge of substantive and procedural laws and complement it with practical exposure. Law students and junior advocates may acquire theoretical knowledge through the study of bare Acts, commentaries, and judgments; however, practical understanding comes only through regular court visits, observing trials, working under senior advocates, and actively participating in case preparation and handling. Trial court practice demands patience, procedural discipline, and continuous learning.

 

(A) Structure of Trial Courts (Maharashtra as an Illustration)

Taking the structure of trial courts in the State of Maharashtra as an example, the system is broadly divided as follows:

Civil Courts

• Civil Judge, Junior Division
• Civil Judge, Senior Division
• District Court

Criminal Courts

• Judicial Magistrate First Class
• Chief Judicial Magistrate
• Sessions Court

Courts in Mumbai City

• Judicial Magistrate Courts
• Court of Small Causes
• City Civil and Sessions Court

The jurisdiction and powers of these courts are prescribed under the Code of Civil Procedure and the CrPC/BNSS, along with special statutes applicable to particular courts.

 

(B) Important Statutes Governing Trial Court Practice (Maharashtra Focus)

For effective trial court practice, a thorough understanding of the following statutes is essential:

Civil Side

• Code of Civil Procedure, 1908 (with Maharashtra and Bombay High Court Amendments)
• Limitation Act, 1963
• Evidence Act, 1872
• Civil Court Manual issued by the Bombay High Court
• Commercial Courts Act, 2015
• Suit Valuation Act, 1887
• Interest Act, 1978
• Family Courts Act, 1984
• Legal Services Authorities Act, 1987

·         State-specific laws (Illustration: Maharashtra):

• Maharashtra Civil Courts Act, 1869
• Bombay City Civil Court Act, 1948
• Presidency Small Cause Courts Act, 1882
• Provincial Small Causes Courts Act, 1887
• Maharashtra Revenue Jurisdiction Act, 1876
• Maharashtra Court Fees Act, 1959
• Maharashtra Vexatious Litigation (Prevention) Act, 1971

Criminal Side

• Code of Criminal Procedure, 1973 (with Maharashtra Amendments)
• Evidence Act, 1872
• Criminal Court Manual issued by the Bombay High Court

 

Note – Readers must refer to state-specific statutes and rules applicable to court procedure in their respective States.

 

C) Areas of Trial Court Practice

Trial court practice broadly covers civil, commercial, and criminal law matters. Effective practice requires a combination of procedural knowledge and substantive law understanding.

For example, criminal trial court practice demands familiarity with procedural laws such as the CrPC/BNSS and the Evidence Act, along with substantive laws such as the IPC/BNS and special criminal statutes. Similarly, civil trial court practice—such as property or contractual disputes—requires knowledge of procedural laws like the Code of Civil Procedure, the Limitation Act, and the Evidence Act, together with substantive laws such as the Transfer of Property Act, the Indian Contract Act, and succession laws.