Atreya LegalAdvocates & Legal Consultants

Civil Litigation

Suits, injunctions, appeals and execution before civil and commercial courts.

Overview

What is civil litigation practice?

Civil litigation is the resolution of private disputes over money, contracts, property and rights through the civil courts. Atreya Legal drafts and argues suits, interim applications, appeals, revisions and execution proceedings under the Code of Civil Procedure, 1908, before district courts, commercial courts and High Courts.

Practice group
Disputes
Principal statute
Code of Civil Procedure, 1908
Heard before
District and civil courts, Commercial courts, High Courts
Scope

What the practice covers

  • Recovery and money suits

    Suits for unpaid dues, summary suits under Order XXXVII and commercial suits for specified value.

  • Injunctions and interim relief

    Temporary and perpetual injunctions, status quo orders, attachment before judgment and receivers.

  • Specific performance

    Enforcing agreements to sell and other contracts under the Specific Relief Act, 1963.

  • Declaration and title

    Suits for declaration of rights, cancellation of instruments and possession.

  • Partition and succession disputes

    Partition of joint family and co-owned property, probate and succession certificates.

  • Appeals, revisions and execution

    First and second appeals, revisions, and execution of decrees against judgment debtors.

Law and forums

Statutes and courts

Governing statutes

  • Code of Civil Procedure, 1908
  • Specific Relief Act, 1963
  • Limitation Act, 1963
  • Commercial Courts Act, 2015
  • Indian Contract Act, 1872

Courts and authorities

  • District and civil courts
  • Commercial courts
  • High Courts
  • Supreme Court of India
Questions

Common questions on civil matters

How long do I have to file a civil suit in India?

It depends on the kind of suit. Under the Limitation Act, 1963, most suits on contracts and for recovery of money must be filed within three years, and a suit for possession of immovable property based on title within twelve years. A court must dismiss a suit filed late even if the other side does not object.

Is mediation compulsory before a commercial suit?

Yes, where no urgent interim relief is sought. Section 12A of the Commercial Courts Act, 2015 requires the plaintiff to attempt pre-institution mediation before filing a commercial suit.

Contact

Discuss a civil matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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