Civil Court applies Civil Law
Civil courts settle disputes between individuals (contractual, family, social, commercial, etc).
The Common law ( law common to the whole England) and the Civil law (the ius civile, the law pertaining to the civis, the citizen, of the Roman citizen) became the two principal branches within the Western legal tradition now we apply to the Indian legal system.
Civil law evolved from Roman law, based on a written “civil code”. This was adopted in France after the French Revolution in 1789. Called the Code Napoléon, it covered only matters of the private law:
• The legal attributes of a person (e.g.: name, age of majority)
• The relationship between individuals (e.g.: marriage, adoption, parentage)
• Property (e.g.: possession, land boundaries)
• The legal institutions governing or administering these relationships (e.g.: wills, sales,
A typical Civil Court usually deas with the Following Matters:-
1. Persons (e.g.: basic individual rights, residence rules, privacy))
2.The Family (e.g.: marriage, parentage, adoption)
3.Successions (e.g.: wills, inheritance, estates)
4.Property (e.g.: Title, possession, land boundaries, right-of-way)
5.Obligations (e.g.: contract law, civil liability (tort law), sales, leasing)
6.Hypothecs (i.e.: mortgages and the sale of land)
7.Evidence (e.g.: the burden of proof, rules of evidence)
8.Prescription (i.e.: statutes of limitations)
9.Publication of Rights (e.g.: registration of property)
10.Private International Law (governs the resolution of legal issues involving persons outside India)
Practices in Suit
- Appointing a Lawyer
- Replace a Lasy Lawyer
- Higher a Lawyer for Appeal
- Notice to Government or Public Servant
- Filing a Caveat
- Drafting a suit
- Relief in Suit
- Cause of action
- Court fees on Valuation
- Pecuniary Jurisdin of Court
- Partie in the Suit
- Filing a suit
- Admission of suit
- Notice to the Opposite party
- Rejection of Plaint
- Written Statement
- Additional written statement
- Amendment of Plaint
- Ex-party Proceeding
- Interim Miscellaneous Application
- Appeal on the rejection of Interim Prayer
- Issues are important
- Preliminary issue and rejection of Plaint or Suit
- Preliminary Hearing of the Suit
- Filing Affidavit in Chief by Plaintiff
- Marking of the Exhibits of Plaintiff
- Defence Evidence
- File written argument as the Judge is forgetful and never kept notes
- Choose relevant Referral Court Judgments and mark it with pencil
- Correction of judgment
Execution of Decree
- Declaratory decree no need for execution
- Declaratory Decree not capable for Execution
- Recovery of possession
- Police help
- Tenancy or Third-Party Issues
- Payment in Court
- Order for specific performance
- Order for Registration of the Deed
The inherent power of the Civil Court
- An appeal against the Judgment of Muinsiff / Junior Judge
- An appeal against the Judgment of Sub-Judge of senior Division
- An appeal against the Judgment of District Court
- Appeal to Division Bench against a single judge of High Court
- Second Appeal
- Appealable Orders
- Additional evidence in Appeal
- Substantial Question of Law
- Stay of the Proceedings
- Writ application to High Court
Statutes on Civil Courts
- The Bengal, Agra and Assam Civil Courts Act, 1887
- The Punjab Courts Act, 1918
- Karnataka Small Cause Courts Act, 1964
- Pecuniary Jurisdiction of different Courts in Rajasthan
- CIVIL COURTS ACT, Svt. 1977 – Jammu and Kashmir
- Family Courts Act, 1984
- Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
Comparative Study @ Court and Jurisdiction
County Courts Act 1984 [UK]
There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—
(a)by or under this or any other Act, or
(b)by or under any Act, or Measure, of the National Assembly for Wales.
(2)The county court is to be a court of record and have a seal.]
- Canon law – the body of laws that govern the Catholic Church and its members, deriving from the decrees and rules (“canons”) made by the pope and ecclesiastical councils.
- Civil law – the system of law that emerged in continental Europe beginning in the Middle Ages and is based on codified law drawn from national legislation and custom as well as ancient Roman law.
- Code – the collection of laws of a country or laws related to a particular subject.
- Codification – the process of compiling and systematizing laws into a code.
- Common law – the system of law that emerged in England beginning in the Middle Ages and is based on case law and precedent rather than codified law.
- Corpus Juris Civilis – meaning “body of civil laws,” the name given to the compilation of Roman law ordered by the Byzantine emperor Justinian I in 529 CE.
- Equity – in English common law tradition, a body of legal principles that emerged to supplement the common law when the strict rules of its application would limit or prevent a just outcome.
- Precedent – A judicial decision in a court case that may serve as an authoritative example in future similar cases.
- Writ – a formal written order from a judicial or administrative authority that directs a form of legal action. Originally writs were royal orders from the court of the English king.