Civil Litigation

Contested suits commonly run several years, though commercial matters above the prescribed value move faster.

The Commercial Courts Act imposes stricter timelines, including a hard cap on filing the written statement. Interim relief is usually available far earlier than final judgment, which is why the first few weeks of a civil matter often matter more than the next three years.

Generally three years for most money and contract claims, running from when the cause of action arose.

It varies by claim type — twelve years for possession of immovable property, one year for some specific actions. A written acknowledgement of debt or a part payment restarts the clock, which is why correspondence matters. Limitation should be checked at the first consultation, because an otherwise strong claim can be defeated entirely on it.

A faster procedure under Order XXXVII for claims on written contracts, bills of exchange and promissory notes where there is no real defence.

The defendant cannot defend as of right — they must apply for leave to defend and show a triable issue. For a clean documented debt, it is substantially quicker than an ordinary suit and is the preferred route for recovery where the paperwork is in order.

Yes, by applying for a temporary injunction with the suit — and in urgent cases an ex parte order can be sought on the first date.

The court weighs a prima facie case, the balance of convenience and irreparable injury. Ex parte orders are short-lived and the other side is heard soon after, so the application must be candid — suppressing material facts is the fastest way to lose the order.

An order compelling a party to actually perform a contract rather than merely pay damages.

It is the usual remedy sought when a seller refuses to execute a sale deed after taking payment. Since the 2018 amendment to the Specific Relief Act, specific performance is enforceable as a matter of course rather than at the court's discretion, provided the claimant has performed their own obligations.

A civil case is between private parties and seeks a remedy such as money, possession or an injunction; a criminal case is brought by the State and seeks punishment.

The standards of proof differ — civil cases are decided on the balance of probabilities, criminal cases beyond reasonable doubt. The same facts can give rise to both, as with a cheque dishonour or a fraudulent property transaction.

File execution proceedings — obtaining a decree and recovering money are different achievements.

Execution can attach and sell property, attach bank accounts and salary, and in some cases order detention. The groundwork that makes it work — identifying assets, seeking attachment before judgment where justified, resisting transfers designed to defeat the decree — is best begun while the suit is still running.

An order freezing the defendant's assets during the suit, so there is something left to execute against at the end.

It requires showing that the defendant is about to dispose of or remove property to obstruct a decree. It is not granted routinely, but where there is evidence of asset-stripping it is one of the most valuable orders available.

Usually yes — Delhi courts refer a substantial proportion of civil matters to mediation, and a recorded settlement is enforceable as a decree.

Mediation is confidential and nothing said in it can be used later. It typically resolves a matter years earlier and at a fraction of the cost. It is less suitable where you need a precedent, or where the other side is acting in bad faith.

A suit asking the court to declare a legal right or status — commonly ownership of property or the invalidity of a document.

It is usually combined with a consequential relief such as possession or injunction, because a bare declaration without consequential relief can be refused. This pairing is a frequent technical failure point in property litigation.

Yes — contractual interest if the agreement provides for it, and otherwise interest awarded by the court under the Civil Procedure Code.

Courts award pre-suit, pendente lite and post-decree interest, typically at a moderate rate unless the contract specifies otherwise. Claiming interest expressly in the plaint matters; it is difficult to add later.

It follows where the defendant resides or works, or where the cause of action arose, and the value of the claim decides which court within that district.

For immovable property it is where the property is situated. Delhi has district courts at Rohini, Tis Hazari, Saket, Dwarka and Karkardooma, with the Delhi High Court exercising original jurisdiction above the pecuniary threshold.

The court can proceed ex parte and pass a decree — but that decree can later be set aside if the defendant shows they were not properly served.

This is why proper service is worth getting right rather than rushing. An ex parte decree obtained on defective service is vulnerable, and setting it aside can cost you the years you thought you had saved.

Often yes, for defective goods or deficient services — it is faster, cheaper and does not require a lawyer.

The District, State and National Commissions have jurisdiction by value. For builder delay, insurance repudiation and service deficiency claims, the consumer forum is frequently the more efficient door. It is not available where you are not a 'consumer', such as in purely commercial transactions.

An appeal is a substantive rehearing on the grounds the statute permits; a revision is narrower, aimed at jurisdictional error or material irregularity.

A revision is available where no appeal lies. Both carry short limitation periods running from the order or the certified copy, so a certified copy should be applied for immediately after any adverse order, whether or not you have decided to challenge it.

It is calculated on the value of the claim, on a slab basis under the Court Fees Act as applicable in Delhi.

For money claims it is a percentage of the sum claimed; for declaratory and injunction suits it is generally a fixed or nominal fee. Under-valuing a suit to reduce fees is counter-productive — it invites an objection and can stall the matter.

The contract or documents underlying the claim, all correspondence, proof of payments, and a dated chronology.

For civil matters the correspondence is frequently decisive, particularly any written acknowledgement of a debt or admission of liability. Bring what exists rather than what you wish existed — an accurate picture early prevents a strategy built on a document that will not stand up.

Often not through an ordinary civil suit — but a consumer complaint, a summary suit or a legal notice may still be worthwhile.

A candid assessment of proportionality is part of the advice you should expect. Where the sum does not justify litigation, a well-drafted legal notice frequently produces payment on its own, at a fraction of the cost and time.