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

August 20, 2023
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The Civil Litigation deals with disputes between two parties involving personal injury and monetary losses which are civil in nature. The civil litigation practice is different from criminal litigation practice and requires different strategy to handle it. The Law students and junior lawyers who wish to practice in civil law first need to understand the basic nuances of civil law.

(A) UNDERSTANDING OF SUBSTANTIVE AND PROCEDURAL LAWS

The Civil Law practice requires strong holds on substantive as well as procedural laws. Civil Procedure Code is procedural law which deals with procedure to be followed by civil courts, various stages of trial, various types of forms and miscellaneous applications used during trial. Limitation Act is another procedural law which provides limitation period for filling suit, appeals and applications.

The practical understanding of evidence law is must for excel in civil law litigation. Generally outcomes of Civil litigation is based on principle of preponderance of probability and do not require proof beyond reasonable doubt as required in the criminal law.

In civil litigation there are various fields of practice such as property laws, contract laws, family laws and tort laws etc. Civil law practitioner requires thorough knowledge of respective substantive laws.

For better understanding of process of Civil Courts required thorough knowledge of following statutes –

  1. Civil Procedure Code 1908 (with Maharashtra state and Bombay High Court Amendment)
  2. Limitation Act 1963
  3. Evidence Act 1872
  4. Civil Court Manual issued by Bombay High Court
  5. Commercial Courts Act 2015
  6. Suit Valuation Act 1887
  7. Interest Act 1978
  8. Family Courts Act 1984
  9. Legal Services Authorities Act 1987
  10. State specific laws (Example of State of Maharashtra)
    • Maharashtra Civil Court Act 1869
    • Bombay City Civil Court Act 1948
    • Presidency Small Cause Courts Act 1882
    • Provincial Small Causes Court Act 1887
    • Maharashtra Revenue Jurisdiction Act 1876
    • Maharashtra Court Fee Act 1959
    • Maharashtra Vexatious Litigation (Prevention) Act 1971

(B) CASES INVOLVED IN CIVIL LITIGATION

The Civil Litigation Practice involved various types of cases from Trial Courts to Higher Courts.

1. Trial Courts –

Conducting Civil Trial is important task of Trial Court. The trial court also handles various applications under CPC.

Trial of civil cases start from institution of suit and ends with judgment and decree. Trial courts handles following cases –

(a) Suits –

There are different types of suits such as Regular Civil Suit and Special Civil Suits.

Examples of suits –

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

(b) Injunction and Interim Applications

  • Application for Interim Application under Order 39 of CPC.
  • Injunction suit under Specific Relief Act (SRA)

(c) Miscellaneous Applications under CPC

Examples – 

  • Application for adjournment
  • Application for rejection of plaint
  • Application for discovery of documents
  • Application for amendment of pleadings etc.

2. High Courts & Supreme Court

These courts are also known as Writ Court. These courts decides Cases like Civil Writ Petitions, Civil Revisions & Appeals, Different Applications under CPC.

3. Tribunals and Forums –

There are different tribunals, Commissions and Statutory Authorities which handles specific types of cases. Example – Real Estate Regulatory Authority (RERA) handles cases arising under RERA Act relating to Real Estate Properties.

(C) AREAS OF PRACTICE IN CIVIL LITIGATION

The following are some examples of area of Civil Litigation practice.  

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

Property Laws deals with immovable property such as land and real estate. Succession and revenue laws are connected with property law. Succession Laws provides rules of succession in immovable property and Revenue laws provides mechanism of land revenue of state.

Litigation Practice in Property Laws requires thorough knowledge of following statutes –

  1. Transfer of property act 1872
  2. Easement Act 1882
  3. Registration and Stamp Laws –
    • Registration Act 1908 with Maharashtra registration Rules 1961
    • Maharashtra Stamp Act 1958 and Maharashtra Stamp Rules
  4. Contract Laws – Indian Contract Act 1872
  5. Succession Laws –
    • Hindu succession Act 1956
    • Indian Succession Act 1925
    • Muslim personal laws related to succession
  6. Municipal Laws (State Specific Laws – State of Maharashtra)
    • Maharashtra Municipal Corporation Act
    • Mumbai Municipal Corporation Act
    • Maharashtra Municipal Council & Nagar Panchayat Act
  7. Land Revenue Laws (State Specific Laws – State of Maharashtra)
    • PART I –
    • Land Acquisition Act 2013 with Maharashtra Rules
    • Maharashtra Land Revenue Code 1966
    • Maharashtra Tenancy and Agricultural Land Act 1948
    • Maharashtra Prevention of fragmentation and consolidation of holdings Act 1947
    • Maharashtra Agricultural Land (ceiling on holdings) Act 1961
    • Mamlatdar Courts Act 1906
    • PART II –
    • Real Estate (Regulation & Development) Act 2016 with Maharashtra Rules
    • Maharashtra Ownership of Flats Act 1963
    • Maharashtra Apartment ownership Act 1971
    • Maharashtra Regional Town Planning Act 1966 with Unified. Development Control and Promotion Regulations (UDCPR)
    • Maharashtra Rent Control Act 1999

(2) Contract Laws

Litigation in contract law arises out of contracts and agreements on the issue of breach of contracts, execution, cancellation of documents, restoration etc.

Litigation Practice in Contract laws requires thorough knowledge of following statutes –

  1. Contract Act 1872
  2. Specific Relief Act 196

(3) Tort Laws

Tort law governs the remedies for civil wrongs. Following are example of Tort Laws –

  1. Principles of Tort – Damages against personal injury and reputation etc.
  2. Motor Vehicle Act 1988 – Governing cases arising out of Motor Accident Claims
  3. Consumer Protection Act 2019

(4) Family Laws

Family laws deals with following subjects –

  • Marriages
  • Maintenance
  • Adoption
  • Guardianship
  • Succession

Litigation Practice in Family laws requires thorough knowledge of following statutes –

  1. Laws applicable to Hindus – Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Minority and Guardianship Act 1956, and Hindu Adoptions and Maintenance Act 1956.
  2. Laws applicable to Muslims – Muslim Personal Laws
  3. Laws applicable to Christian – Indian Christian Marriage Act of 1872, Divorce Act, 1869
  4. Laws applicable to Parsi – Parsi Marriage and Divorce Act, 1865

(5) Societies & Trusts Laws

Litigation Practice in Societies & Trusts Laws requires thorough knowledge of following Statutes –

  1. Societies Registration Act 1860 and State Rules
  2. Indian Trust Act 1882, Maharashtra Public Trust Act 1950 and Rules

(6) Commercial Laws

Commercial Law practice is altogether specialise area of practice. Litigation in commercial laws includes –

  1. Company  and LLP Laws
  2. Intellectual Property laws
  3. Banking Laws
  4. Insurance Laws
  5. Taxation Laws
  6. Labour Laws etc.
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