Understanding the basics of Civil Litigation Practice (LITIGATION BASICS 14)

Civil litigation deals with disputes between parties involving civil rights, personal injury, and monetary losses in matters that are civil in nature. Civil litigation practice is distinct from criminal litigation and requires a different approach, strategy, and skill set. Law students and junior lawyers who wish to practise in civil law must first understand the fundamental nuances of civil litigation.

(A) UNDERSTANDING SUBSTANTIVE AND PROCEDURAL LAWS

Civil litigation practice requires a strong grasp of both substantive and procedural laws. The Code of Civil Procedure, 1908 is a procedural law that governs the procedure followed by civil courts, the various stages of a civil trial, prescribed formats, and miscellaneous applications used during trial. The Limitation Act, 1963 is another important procedural law that prescribes limitation periods for filing suits, appeals, and applications.

A practical understanding of evidence law is essential to excel in civil litigation. Generally, the outcome of civil cases is determined on the principle of preponderance of probabilities and does not require proof beyond reasonable doubt, as is required in criminal law.

Civil litigation encompasses various fields such as property law, contract law, family law, and tort law. A civil law practitioner must have thorough knowledge of the relevant substantive laws applicable to the chosen area of practice.

For a better understanding of civil court processes, a practitioner must be well acquainted with the following statutes:

• Code of Civil Procedure, 1908 (with Maharashtra State and Bombay High Court Amendments)
• Limitation Act, 1963
• Indian 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 (Maharashtra)

·         Maharashtra Civil Courts Act, 1869

·         Bombay City Civil Court Act, 1948

·         Presidency Small Cause Courts Act, 1882

·         Provincial Small Cause Courts Act, 1887

·         Maharashtra Revenue Jurisdiction Act, 1876

·         Maharashtra Court Fees Act, 1959

·         Maharashtra Vexatious Litigation (Prevention) Act, 1971

 

(B) CASES INVOLVED IN CIVIL LITIGATION

Civil litigation practice involves handling various types of cases before trial courts, higher courts, and specialised forums.

1. Trial Courts

Conducting civil trials is a primary function of trial courts. Civil trials commence with the institution of a suit and conclude with the passing of a judgment and decree. Trial courts also entertain various applications under the CPC.

(a) Suits

Civil suits may be classified as Regular Civil Suits and Special Civil Suits.

Examples of suits include:

• Suits for Specific Performance
• Suits for Partition
• Suits for Declaration
• Suits for Possession
• Suits for Damages

(b) Injunction and Interim Applications

• Interim applications under Order XXXIX of the CPC
• Suits for injunction under the Specific Relief Act

(c) Miscellaneous Applications under CPC

Examples include:

• Application for adjournment
• Application for rejection of plaint
• Application for discovery and production of documents
• Application for amendment of pleadings

 

2. High Courts and Supreme Court

These courts are also known as writ courts. They entertain civil writ petitions, civil revisions, civil appeals, and various applications under the CPC and other statutes.

 

3. Tribunals and Forums

Several tribunals, commissions, and statutory authorities adjudicate specific categories of civil disputes. For example, the Real Estate Regulatory Authority (RERA) deals with disputes arising under the Real Estate (Regulation and Development) Act, 2016 relating to real estate projects.

 

(C) AREAS OF PRACTICE IN CIVIL LITIGATION

(1) Property Laws (Including Succession and Revenue Laws)

Property law deals with immovable property such as land and real estate. Succession and revenue laws are closely connected with property law. Succession laws govern inheritance, while revenue laws regulate land administration.

Relevant statutes include:

Property and Contract Laws

• Transfer of Property Act, 1882
• Easements Act, 1882
• Indian Contract Act, 1872

Registration and Stamp Laws

• Registration Act, 1908 with Maharashtra Registration Rules, 1961
• Maharashtra Stamp Act, 1958 and Rules

Succession Laws

• Hindu Succession Act, 1956
• Indian Succession Act, 1925
• Muslim Personal Laws relating to succession

Municipal Laws (Maharashtra)

• Maharashtra Municipal Corporations Act
• Mumbai Municipal Corporation Act
• Maharashtra Municipal Councils and Nagar Panchayats Act

Land Revenue Laws (Maharashtra)

Part I

• Right to Fair Compensation and Transparency in Land Acquisition Act, 2013
• Maharashtra Land Revenue Code, 1966
• Maharashtra Tenancy and Agricultural Lands Act, 1948
• Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947
• Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
• Mamlatdars’ Courts Act, 1906

Part II

• Real Estate (Regulation and Development) Act, 2016 with Maharashtra Rules
• Maharashtra Ownership of Flats Act, 1963
• Maharashtra Apartment Ownership Act, 1971
• Maharashtra Regional and Town Planning Act, 1966 with UDCPR
• Maharashtra Rent Control Act, 1999

 

(2) Contract Laws

Contract litigation arises out of disputes relating to breach of contract, enforcement, cancellation, and restitution.

Relevant statutes:

• Indian Contract Act, 1872
• Specific Relief Act, 1963

 

(3) Tort Laws

Tort law provides remedies for civil wrongs.

Examples include:

• Claims for damages due to personal injury or defamation
• Motor Vehicles Act, 1988 (Motor Accident Claims)
• Consumer Protection Act, 2019

 

(4) Family Laws

Family law covers matters relating to marriage, maintenance, adoption, guardianship, and succession.

Relevant statutes include:

• Hindu Law: Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; Hindu Adoptions and Maintenance Act, 1956
• Muslim Law: Muslim Personal Laws
• Christian Law: Indian Christian Marriage Act, 1872; Divorce Act, 1869
• Parsi Law: Parsi Marriage and Divorce Act, 1865

 

(5) Societies and Trusts Laws

Relevant statutes:

• Societies Registration Act, 1860 and State Rules
• Indian Trusts Act, 1882
• Maharashtra Public Trusts Act, 1950 and Rules

 

(6) Commercial Laws

Commercial law is a specialised area of civil litigation and includes:

• Company and LLP laws
• Intellectual Property laws
• Banking and Insurance laws
• Taxation laws
• Labour and employment laws