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Consult and get Expert Advice on Civil Laws matters from the Civil Lawyers in India.
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Consult Civil Lawyers in India

Anish  Palkar

Anish Palkar

Exp
Mumbai suburban , Maharashtra

Specialization

  • Civil
  • Banking
  • Divorce
  • Documentation
  • Bankruptcy and Debt
Total Answers Given : 939
Meenakshi  Periyahkaruppan

Meenakshi Periyahkaruppan

Exp
Chennai , Tamil Nadu

Specialization

  • Civil
  • Family
  • Divorce
  • Property
  • Power of Attorney
Total Answers Given : 338
Prithvi  Raj Sikka

Prithvi Raj Sikka

Exp
Delhi , Delhi

Specialization

  • Civil
  • Commercial
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • Arbitration and Mediation
Total Answers Given : 19
Arvind  Tripathi

Arvind Tripathi

Exp
Allahabad , Uttar Pradesh

Specialization

  • Civil
  • Criminal
  • Domestic Violence
  • Military Laws
  • Corporate and Incorporation
Total Answers Given : 2
Bharat  Majmundar

Bharat Majmundar

Exp
Vadodara , Gujarat

Specialization

  • Civil
  • Industrial Laws
  • Family
  • Criminal
  • Divorce
Total Answers Given : 1
Adrian  Phillips

Adrian Phillips

Exp
Mumbai , Maharashtra

Specialization

  • Civil
  • Real Estate
  • Property
  • Human Rights
Karunasish  Chakraborty

Karunasish Chakraborty

Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Consumer Protection
  • Divorce
  • Contracts and Agreements
  • Property
Rajendra   Prasad

Rajendra Prasad

Exp
Hyderabad , Telangana

Specialization

  • Civil
  • Trust and Society (NGO)
  • Contracts And Agreements
  • Criminal
  • Debt Collection
Vivek  Tanwar

Vivek Tanwar

Exp
Gurgaon , Haryana

Specialization

  • Civil
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Sexual Harassment at Workplace
Anik

Anik

Exp
Bangalore , Karnataka

Specialization

  • Civil
  • Cyber, Internet, Information Technology
  • Anticipatory Bail
  • Consumer Protection
  • Mutual Consent Divorce
Total Answers Given : 22485
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  • What is civil law?
  • What is the procedure of a civil case in India?
  • What are the main features of civil laws?
  • How to file a case of civil matter?
  • Where to file a suit of civil matter?

What is civil law?


Procedural laws prescribe procedure for the enforcement of rights and liabilities. Effect of substantive laws to a large extent depends on the quality of procedural laws. The governing law for Civil Procedural Laws is the ‘Code of Civil Procedure, 1908’. The object of the code is to consolidate and amend laws relating to the procedure of Courts of Civil judicature, it is to facilitate justice.

“A procedural law is always sought in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by the substantive law.” – SC in Saiyad Mohd Bakar v. Abdulhabib Hasan (1998) 4 SCC 343 at p. 349.

Some features of the Code of Civil Procedure, 1908:


  • This Act is applicable to whole of India except the state of Jammu & Kashmir AND the state of Nagaland and the tribal areas
  • Since the aim of procedural laws is to supplement substantive laws and the relevant statutes, at instances of dispute b/w CODE OF CIVIL PROCEDURE, 1908 and a specialised statute, the special law gains prominence over CODE OF CIVIL PROCEDURE, 1908; however, at instances of a general law’s silence on a matter the applicable provisions of CODE OF CIVIL PROCEDURE, 1908 become applicable.
  • There are two major parts in CODE OF CIVIL PROCEDURE, 1908. 1st part is ‘The Body of the Code’ which comprises of 12 parts consisting of 158 sections, and the 2nd part is comprised of the Schedule which contains orders & rules.
  • When a court adjudicates a dispute, it either dismisses the case or provides for a decree. Decree is the expression of an adjudication which conclusively determines the rights of the parties, Judgement refers to the grounds for this decision. Order is a decision of the court which is not a decree. All Decrees are Orders however all Orders are not Decrees.
  • CODE OF CIVIL PROCEDURE, 1908 recognizes 4 primary types of jurisdictions, they are the; territorial jurisdiction, pecuniary jurisdiction, jurisdiction over subject matter, and the Original & Appellate Jurisdiction.
  • As per Section 10 of CODE OF CIVIL PROCEDURE, 1908, no court should entertain a suit if it is pending before a competent court under the same title and between the same parties.
  • Courts in the interest of justice, may exercise discretionary powers. This is known as the ‘Inherent powers of the Court’.
  • Section 89 of CODE OF CIVIL PROCEDURE, 1908 refers to Mediation

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