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Civil Litigation in India

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CIVIL LITIGATION IN INDIA

OBSTACLES IN THE PATH OF JUSTICE

LITIGATION EXPENSES

UNREASONABLE DELAY

ADJOURNMENTS

FINANCIAL CONSTRAINTS

CIVIL LITIGATION IN INDIA

In May 2015, the media reported a case which has been pending in the Jharkhand High Court for the past 57 years.

A company petition which was originally filed in Dharwad district in 1985 appeared before Karnataka High Court in the year 2015. It took thirty years for it to be "admitted" as a civil suit.

Source : The Hindu,May 5, 2015

CIVIL JUSTICE

WORLD JUSTICE PROJECT 2015 GLOBAL RANK - 88/102

TOP 3 FACTORS AFFECTING INDIA'S PERFORMANCE

No Unreasonable delays : 0.24/1

Accessibility & Affordability : 0.31/1

Effective Enforcement : 0.38/1

JUSTICE DELAYED IS JUSTICE DENIED

Data as on 31/3/2014 From Report No. 253 of Law Commission of India

CIVIL LITIGATION IN INDIA

THE STAGES, INITIATION & DISPOSAL

STEP 1

PRE-TRIAL REQUIREMENTS

TRIAL PROCEEDINGS

CASE MANAGEMENT

DISCLOSURE & ADMINISTRATION OF EVIDENCE

REMEDIES

STEP 4

STEP 5

STEP 3

STEP 2

PRE-LITIGATION REQUIREMENTS

COMPONENTS  OF  JURISDICTION

Territorial

Pecuniary

Subject-matter

Courts shall only try those suits which fall within the pecuniary (monetary) limits of their original jurisdiction. Determined by the plaintiff's valuation of the case, in his plaint.

A civil suit is instituted at the place where the subject matter is located subject to the pecuniary or other limitations.

SECTION 20, CPC

SECTION 16, CPC

SECTION 6, CPC

The place where: The defendants reside or carry on their business OR where the 'cause of action' arises.

Plaint

TRIAL PROCEEDINGS

I.      INSTITUTION OF SUIT

Summons

Pleadings

The plaintiff has to first present a plaint before the court. The facts of the case are proved by an affidavit.

 Summons are issued to the defendant, directing him to appear in court, answer the claim of the plaintiff & file a Written Statement (W.S)  in his defence, within 30 days (max-90 days)

Order 6 of CPC says that For 'pleadings', the plaintiff & the defendant must state all the relevant material facts of the case in a cogent and concise manner.

TRIAL PROCEEDINGS

II.  PRELIMINARY ISSUES

Jurisdiction Issues

Suit Barred U/ Law

When a decision on jurisdiction cannot dispose of the suit, the issue cannot be tried as a preliminary one. If, at any time, the court feels from the plaint that it has 'NO JURISDICTION' to entertain the matter, it can return the plaint.

Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall pronounce judgment on all issues.

Barred under: --Limitation Act, 1963, --'Res Judicata' principle, -- Implied/Express     exclusion of jurisdiction.

ORDER XIV, RULE 2, SUB RULE 1

CASE MANAGEMENT

-Institution of suit via plaint filed by Plaintiff -Summons issued to Defendant -W.S filed by Defendant in 30 days

Documents produced with court permission: -By plaintiff (not produced w/plaint) -By defendant (not produced w/ W.S)

Framing of issues by the Court

Oral Arguments by both parties - Time-limit @ discretion of court - No adjournment for filing written arguments

-Examination-in-chief of witness (Recorded on affidavit) -High Court - Commissioner Subordinate Courts - Court/Commissioner

Judgment At once/ within 30 days/ extended not beyond 60 days

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

Disclosure of Evidence

Only those documents that have been mentioned in the plaint, entered in a list and presented in the court with the plaint = EVIDENCE

Discovery by Interrogation

The Plaintiff or Defendant  can deliver interrogatories in writing for examination of the other party, with the court's permission.

Discovery & Inspection

The Plaintiff or Defendant  can, with the court's order, direct the opposite party to make discovery of documents that are in dispute.

Professional Privilege

        Injurious to public interest

DISCLOSURE & ADMINISTRATION OF EVIDENCE

DISCLOSURE & ADMINISTRATION OF EVIDENCE

Documents relied on in plaint

Only those documents that have been entered in a list and presented in the plaint.

Statement & production of evidence

Recording of Evidence

Recorded either by the Court or a Commissioner appointed by the Court.

Commission

To examine any person, to make a local investigation etc.

No adjournment shall be granted for the purpose of filing written arguments unless Courts permit this, and record their reasons in  writing.

REMEDIES GIVEN BY THE COURT

Specific Performance

Specific Relief

InjunctiveRelief (Temporary /Permanent)

Prepared by R&D Unit :