Civil Litigation
Suits, injunctions, appeals and execution before civil and commercial courts.
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
- Advocate
- Adv. Bhawani Shanker Atrey
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.
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
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.
Related practices
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.