How to file a civil suit | what are the important point to mention in civil suit.

How to File a Civil Suit in India: A Step-by-Step Guide

In India, a civil suit is a legal procedure used to settle non-criminal conflicts. These conflicts may centre on things like money recovery, property disputes, family concerns, or contract violations.

This blog will guide you through the concept of a civil suit, the important points to mention in a suit, and provide a demo civil suit for your reference.

What is a Civil Suit?

A civil suit is a legal action brought by one person or organisation (the plaintiff) against another (the defendant) in order to settle disagreements over rights, responsibilities, or damages. Unlike criminal proceedings, civil claims concentrate on obtaining remedy, such as declarations, injunctions, or compensation, rather than criminal accusations.

For example:

A landlord suing a tenant for unpaid rent.
A customer suing a company for delivering defective goods.
A family member contesting a will.

The process is governed by the Code of Civil Procedure, 1908 (CPC), which provides detailed guidelines for filing and pursuing civil litigation.

Important Points to Mention in a Civil Suit

A civil action must have specific components in order to be deemed legitimate and accepted by the court. The essential points are as follows:

1. Parties to the Suit

· Clearly identify the plaintiff (the party bringing the lawsuit) and the defendant (the party being sued).

Include full names, addresses, and legal status.

2. Jurisdiction

· Determine which court is best for filing the lawsuit. Jurisdiction is established through:

1. The place where the activity gave rise.

2. Where the defendant resides or operates their company.

3. The suit's financial worth, or the whole amount of money at stake.

3. Cause of Action

· Describe the sequence of incidents or causes that resulted in the disagreement. This lays forth the claim's foundation and the plaintiff's legal right to bring the lawsuit.

4. Relief Sought

Clearly specify the remedies or reliefs you are seeking, such as:

Monetary compensation.
Injunction (a court order preventing certain actions).
Declaration of rights or ownership.

5. Facts of the Case

· Give a thorough and chronological explanation of the circumstances that led to the disagreement. Steer clear of extraneous information and be exact.

Mention any prior communication or attempts at resolution.

6. Legal Grounds

· Cite any applicable laws, agreements, or contracts to back up your assertion. This helps the court understand why the requested relief is warranted.

7. Court Fee

· In accordance with the relevant state regulations, pay the required court charge. The litigation cannot proceed without this.

8. Documents and Evidence

Attach supporting documents, such as agreements, invoices, emails, or photographs, to substantiate your claims.

9. Verification

At the end of the plaint, the plaintiff must include a verification clause stating that the facts provided are true to their knowledge and belief.

Demo Civil Suit

Below is a sample draft of a civil suit for reference:

IN THE COURT OF [SPECIFY COURT NAME]
[CITY, STATE]

Civil Suit No. [______] of 20[]

Between

Mr. ABC,
S/o Mr. XYZ,
Address: [Full Address of Plaintiff]
... Plaintiff

AND

Mr. DEF,
S/o Mr. LMN,
Address: [Full Address of Defendant]
... Defendant

Plaint

The Plaintiff respectfully states as follows:

1. The Parties

The Plaintiff, Mr. ABC, is the owner of [property/goods] located at [address].
The Defendant, Mr. DEF, is a resident of [address], engaged in [business/profession].

2. Jurisdiction

· The plaintiff argues that this Honourable Court has the authority to hear the current case because the cause of action occurred within its boundaries and the suit's worth is within its financial jurisdiction.

3. Cause of Action

On [date], the Plaintiff and Defendant entered into an agreement where the Defendant agreed to [specify agreement terms].
Despite repeated reminders, the Defendant has failed to [mention breach, e.g., pay the agreed amount/deliver goods].

4. Facts of the Case

On [date], the Plaintiff issued an invoice of ₹[amount], which remains unpaid.
The Defendant acknowledged the debt via email dated [date] but failed to make the payment.
All attempts to resolve the matter amicably have failed.

5. Relief Sought

The Plaintiff humbly prays for the following reliefs: