A civil suit, often known as a civil law cases, is a non-criminal litigation involving a violation of a person’s rights. It is filed in court when a person or organization is believed to be failing to meet their legal obligations.
First thing, we should know what nature of civil case we are dealing with. There are many types of civil case by nature are as follows:-
- Tort claims. A “tort” is a wrongful act (sometimes called a “tortious” act), other than a breach of contract, that results in injury to someone’s person, property, reputation, or the like, for which the injured person is entitled to compensation. Cases involving claims for such things as personal injury, battery, negligence, defamation, medical malpractice, fraud, and many others, are all examples.
- Breach of contract claims. A breach of contract case typically results from a person’s failure to perform some term of a contract, whether the contract is written or oral, without some legitimate legal excuse. Cases involving claims for such things as not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others, are all examples.
- Equitable claims. An “equitable claim” asks the court to order a party to take some action or stop some action. It may or may not be joined with a claim for monetary damages. Cases where a party is seeking a temporary restraining order or injunction to stop something (perhaps the destruction of property, the improper transfer of land, the solicitation of a business’ customers) are examples.
- Landlord/tenant issues. Civil courts handle disputes arising between landlords and tenants. Cases where a landlord is trying to evict a tenant from a rental property or a tenant has moved out and is suing a landlord for the return of a security deposit are examples.
Types of civil case in General:
- Title Suit
- Eviction Suit
- Mortgage Suit
- Money Suit
- Matrimonial suit
- Redemption Suit
- Foreclosure Suit
- Execution Suit
- Interpleader Suit
- Trade Mark Suit etc and there are many others suit is define by various state of India.
A Procedure of Civil case would go through the following stages:
Institution Phase
- Institution of suit
- Issue and service of summons
- Appearance of defendant
- Written statement, and set-off claims by defendant
- Replication’Rejoinder by Plaintiff
- Framing of Issues
Trial Phase
- Plaintiff Evidence
- Cross-Examination of Plaintiff Evidence
- Defendant Evidence
- Cross-Examination of Defendant Evidence
- Final Argument
Judgement Phase
- Judgement/Decree
- Review of Decree
- Appeal
- Execution of Decree