Civil Law – Protecting Your Rights in Every Dispute

Civil law matters require careful legal strategy and strong representation. At ADVOCARE PARTNERS, we handle property disputes, contract enforcement, recovery suits, and civil claims with precision and professionalism. Our team ensures that your rights are safeguarded at every stage of litigation.

Key Highlights

  • Representation in property and contractual disputes
  • Expert drafting of plaints, written statements, and appeals
  • Efficient handling of recovery suits and injunctions
  • Guidance in out-of-court settlements where possible
We are committed to securing justice and protecting your interests in all civil matters.
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FAQ

Civil Law Cases (India)

1. What are Civil Cases?
Civil cases involve disputes between individuals, organizations, or entities over private rights and obligations, unlike criminal cases which deal with offences against the State. Common examples include property disputes, contracts, recovery of money, and injunctions.
2. Which law governs civil proceedings in India?
Civil proceedings are mainly governed by the Code of Civil Procedure, 1908 (CPC). Substantive rights are defined by various laws such as the Indian Contract Act, 1872, Transfer of Property Act, 1882, Specific Relief Act, 1963, and Indian Easements Act, 1882.
3. What are the common types of civil cases?

Common civil matters include:

  • Property and possession disputes
  • Breach of contract and recovery suits
  • Partition and inheritance cases
  • Injunctions (temporary or permanent)
  • Specific performance of contracts
  • Damages and compensation claims
4. How is a civil case instituted?
A civil case starts by filing a plaint before the civil court having jurisdiction. The plaint must clearly state the cause of action, facts, and relief sought by the plaintiff. The court then issues summons to the defendant to file a written statement.
5. What is a Written Statement?
A written statement is the defendant’s reply to the plaint, explaining their defence. Under Order VIII Rule 1 CPC, it should generally be filed within 30 days, extendable up to 90 days from the date of service of summons.
6. What happens during the trial of a civil case?

The trial includes the following stages:

  1. Filing of pleadings (plaint and written statement)
  2. Framing of issues
  3. Evidence by both parties
  4. Arguments
  5. Judgment and decree
7. What are Interim Reliefs?

Interim (temporary) reliefs are granted by the court to preserve the rights of parties until the final decision. Common examples:

  • Temporary injunctions (Order 39 CPC)
  • Appointment of receiver (Order 40 CPC)
  • Attachment before judgment (Order 38 CPC)
8. Can parties settle civil disputes outside court?
Yes. Under Section 89 CPC, courts can refer civil cases to mediation, arbitration, conciliation, or Lok Adalat for amicable settlement, saving time and costs.
9. Can civil court decisions be appealed?

Yes. Parties aggrieved by a judgment may file:

  • First Appeal under Section 96 CPC;
  • Second Appeal under Section 100 CPC (on substantial question of law);
  • Or, in special cases, approach the High Court or Supreme Court under Articles 226/136 of the Constitution.
10. What is the difference between Civil and Criminal cases?

Basis

                  Civil Case

Criminal Case

Purpose

         Protect private rights

      Punish offences against society

Result

         Compensation, injunction, declaration

       Fine, imprisonment, or both

Parties

          Plaintiff vs. Defendant

              State vs. Accused