Civil Law Practice: Recovery, Injunction, Property and Contract Suits

Do I need to file a civil suit, or is there another way?

You need a civil suit when someone owes you money, holds your property, threatens your rights or refuses to perform a contract, and no special tribunal has been set up for that kind of dispute. Civil courts are the default forum. If a statute sends your dispute somewhere else, such as a Rent Controller, a consumer commission, RERA, the DRT or an arbitral tribunal, the civil court will usually refuse to hear it.

Many people come to us asking for a criminal case when the problem is really civil. A buyer who paid an advance and never got the sale deed, a supplier whose invoices are unpaid, a co-owner who will not share rent: these are civil disputes first. A police complaint may sometimes be justified where there was cheating from the start, but police do not recover money for you, and courts quash FIRs that dress up a breach of contract as a crime.

So the first question we ask is simple: what do you want the court to order at the end? Payment of a sum, possession of a property, a declaration that a document is void, an order stopping construction, a division of family property. The relief you want decides the type of suit, the court fee, the court and the time limit.

Types of civil suits and when each one fits

Most civil cases in Delhi NCR fall into one of these categories. Several reliefs can be combined in one suit if they arise from the same facts.

Cheque bounce has a separate criminal remedy under section 138 of the Negotiable Instruments Act, which can run alongside a recovery suit; see cheque bounce cases.

Which court do I file a civil suit in, in Delhi?

You file in the lowest court competent to hear the suit (section 15 CPC), in the place where the defendant lives or works, or where the cause of action arose (section 20 CPC). Suits about immovable property must be filed where the property is situated (section 16 CPC). Filing in the wrong court does not destroy your claim, but the plaint gets returned and you lose months.

Pecuniary jurisdiction in Delhi works on value. Suits valued above ₹2 crore go to the original side of the Delhi High Court. Suits up to that figure go to the district courts, where smaller suits are heard by a Civil Judge and larger ones by a District Judge or Additional District Judge, according to the current notification. Each of Delhi's eleven judicial districts has its own court complex: Tis Hazari, Saket, Patiala House, Karkardooma, Rohini and Dwarka are the ones most clients will visit.

In Noida the civil courts sit at the Gautam Buddh Nagar court complex in Surajpur, and in Ghaziabad at the Ghaziabad district court. Uttar Pradesh has its own pecuniary limits and court fee rules, so a suit that would be a district court matter in Delhi may sit at a different level in UP. If the defendant is in Noida and the contract was signed in Delhi, you may have a choice of forum, and that choice is worth thinking about before you file.

Recovery of money: ordinary suit or Order 37 summary suit?

If your claim rests on a written contract for a fixed sum, a promissory note, a bill of exchange or a dishonoured cheque, file a summary suit under Order 37 CPC. The defendant must first enter appearance within ten days of service, and then cannot defend at all unless the court grants leave to defend. Leave is refused where the defence is sham, and the court can pass a decree straight away. Where leave is granted on conditions, the defendant is often asked to deposit part of the amount.

An ordinary recovery suit is the route for claims that need proof: damages for breach, money paid on an oral understanding, refunds where the amount itself is disputed, or loans recorded only in WhatsApp messages and bank transfers. It takes longer because the defendant files a written statement and the case goes to full trial with evidence and cross-examination.

Before filing either kind, check two practical points. Is the claim within three years from when the money fell due, or from a written acknowledgment or part payment that extended limitation? And does the defendant have assets, a salary, a bank account or a business that a decree can reach? A decree against a person with nothing in their name is a piece of paper. Where the claim is a commercial debt of ₹3 lakh or more, the summary suit goes before a commercial court and section 12A mediation applies first.

Can a court stop someone immediately? Temporary injunctions

Yes. Along with the suit you can apply under Order 39 rules 1 and 2 CPC for a temporary injunction that holds the position until the case is decided. The court looks at three things: a prima facie case, the balance of convenience, and whether you would suffer irreparable harm if relief were refused. An injunction is discretionary, so a party who comes late or hides facts often loses it even with a good case.

In urgent matters the court can pass an ex parte order on the first day, for example restraining a sale or a demolition. If it does, Order 39 rule 3 requires you to send the defendant the papers and the order straight away, and the court aims to decide the application within thirty days. Failing to comply with rule 3 is one of the commonest reasons ex parte injunctions are vacated.

If you expect the other side to rush to court, you can file a caveat under section 148A CPC in the likely court. A caveat lasts ninety days and means no ex parte order should be passed without first hearing you. Companies facing a threatened suit over a contract, and owners expecting a family member to seek a stay, often find this a cheap and sensible precaution.

Declaration and cancellation suits: when a document is the problem

A declaration suit under section 34 of the Specific Relief Act asks the court to confirm a legal character or a right to property, for example that you are the owner, that a will is not genuine, or that a dismissal or allotment is void. The proviso to section 34 matters: if you could ask for further relief, such as possession or an injunction, and you do not, the court can refuse the declaration. So the prayer clause must be drafted with the end result in mind.

Where a registered document such as a sale deed, gift deed or power of attorney was obtained by fraud or forgery, the remedy is a suit for cancellation under section 31. The limitation for cancellation is three years from when you came to know the facts. People who discover a forged sale deed in their name at the sub-registrar office and then wait for a police investigation to finish sometimes find that the civil remedy has quietly run out.

Declarations are valued for court fee in a particular way, and cancellation of a deed for consideration can attract ad valorem court fee on the value of the deed. Getting the valuation wrong invites an objection under Order 7 rule 11, so we settle valuation and court fee before the plaint is finalised.

Can I force the seller to complete the sale? Specific performance

Yes, and since the 2018 amendment to the Specific Relief Act it is the rule rather than a matter of discretion. If the seller took earnest money under an agreement to sell and now refuses to execute the sale deed, the court will ordinarily order performance, unless one of the bars in the Act applies. The buyer must plead and prove readiness and willingness to perform their side throughout (section 16), which usually means showing the balance money was available.

The time limit is three years from the date fixed for completion or, if no date was fixed, from when you learnt the seller was refusing (Article 54 of the Limitation Act). Buyers lose cases by waiting years while the seller keeps promising, then suing with no proof of funds. A bank statement, a loan sanction or a fixed deposit around the completion date is often the most important document in the file.

Ask for an injunction against sale to third parties at the outset, and get a lis pendens position on record. Section 52 of the Transfer of Property Act means anyone buying the property while your suit is pending takes it subject to the result. In practice we also suggest checking the sub-registrar records for any later sale before filing, because a subsequent purchaser has to be made a party.

Partition suits: dividing family property

A partition suit is filed when co-owners or legal heirs cannot agree on how to divide property. The court first passes a preliminary decree declaring each party's share, then appoints a local commissioner to propose how the property can be physically divided, and finally passes a final decree. Where a house cannot sensibly be split, the Partition Act 1893 allows the court to order a sale and divide the money.

Since the 2005 amendment to the Hindu Succession Act, daughters are coparceners in joint Hindu family property in the same way as sons. Self-acquired property of a parent goes by will, or if there is no will, under the succession rules. Many partition cases turn on one question: was the property ancestral, or did the father buy it himself? That is answered by documents such as the original sale deed, old revenue records and evidence of the source of funds.

Partition suits are among the slowest cases in any court because every heir must be a party and each one can object. Most of them end in settlement, often at the court's mediation centre, once each side has seen the preliminary decree. A registered family settlement or partition deed, done early, saves years and is usually the outcome we push for first. For Delhi-specific property issues such as unauthorised colonies or DDA leasehold, see our Delhi property disputes page.

CPC and Specific Relief Act provisions that come up most

Limitation periods for civil suits

These are the periods we check first. Limitation runs from a specific event, so the starting date matters as much as the period.

A written and signed acknowledgment of the debt (section 18) or a part payment (section 19) made before limitation expires starts a fresh period. Section 5, which lets courts condone delay, applies to appeals and applications, not to suits.

How a civil suit moves through a Delhi court

The stages are the same in Tis Hazari, Saket or the Delhi High Court. What changes is the pace.

1. Legal notice and documents

   A legal notice sets out the claim and gives the other side a chance to pay or respond. It is mandatory against the government under section 80 and sensible in almost every other case. The reply often reveals the defence you will face.

2. Plaint, valuation and court fee

   We draft the plaint with the facts, cause of action, jurisdiction, valuation and the reliefs claimed, supported by a verification and affidavit. Court fee is paid, now mostly through e-court fee, according to the valuation.

3. Filing, scrutiny and first hearing

   The plaint is filed, checked by the registry and listed before the court. On the first date the court decides whether to issue summons and hears any application for interim relief.

4. Written statement and replication

   The defendant has thirty days to file a written statement, which the court can extend up to ninety days in ordinary suits. The plaintiff may then file a replication answering new facts.

5. Admission, denial and issues

   Each side admits or denies the other's documents, and the court frames issues: the precise questions it must decide. Well-framed issues keep the trial short.

6. Evidence and cross-examination

   Evidence in chief is filed by affidavit (Order 18 rule 4) and witnesses are cross-examined, sometimes before a local commissioner to save court time. This is usually the longest stage.

7. Final arguments and judgment

   Both sides argue on the evidence, the court delivers its judgment, and a decree is drawn up. The losing party can appeal, and the winning party can begin execution.

At several points the court will ask whether the parties want to try mediation under section 89 CPC. That question deserves a serious answer, not a reflex no.

How long does a civil suit take in Delhi?

A contested civil suit in a Delhi district court commonly takes two to five years to reach judgment, and partition or title suits with many parties can take longer. Summary suits where leave to defend is refused can end within months. Appeals add more time. Nobody can honestly promise you a date, because the pace depends on the court's board, service of summons, and how hard the other side is willing to delay.

What you can control is your own side. Suits that are drafted fully at the start, with every document filed with the plaint and witnesses ready, move faster than suits that keep needing amendments and additional documents. Courts in Delhi now record evidence on commission and hear many matters through video conferencing, which helps when a party lives outside the city.

Interim orders often matter more than the final decree. An injunction preserving the property, an order directing deposit, or a conditional leave to defend in a summary suit changes the bargaining position. Many suits settle within the first year once those orders are in place.

What does a civil case cost?

There are two kinds of cost: court fee and your advocate's fee. Court fee is payable under the Court Fees Act 1870 as it applies in Delhi, mostly on an ad valorem basis for money and property claims, with special valuation rules for declaration and injunction suits. In UP the state's own court fee rules apply. On large claims the court fee alone can be a significant sum, so it belongs in the decision to sue.

Our professional fees are discussed at the first meeting and agreed in writing, usually stage by stage: drafting and filing, interim applications, evidence, and final arguments. Court fee, process fee, typing, certified copies, local commissioner fees and similar out-of-pocket costs are separate. We do not quote fee figures on this website.

Costs can also be awarded against the losing side, and courts in Delhi have become more willing to award real costs against parties who delay. That cuts both ways: filing a weak suit to pressure someone carries a genuine financial risk.

Documents to bring for a civil case

Bring originals to the meeting if you have them, but send scanned copies first so we can read them before we meet.

Mistakes that cost people their civil cases

The commonest fatal mistake is delay. People wait for the other side to keep a promise, then discover the three years have passed. The second is suing for the wrong relief: a declaration without possession, an injunction without a declaration of title where title is in dispute, or a recovery claim where the contract had an arbitration clause and the defendant applies under section 8 of the Arbitration Act.

The third is leaving out documents. Anything not filed with the plaint needs the court's leave later, and in commercial suits that leave is hard to get. The fourth is false or exaggerated pleading. A plaint that hides an earlier suit, a known dispute or a document unfavourable to you invites dismissal and costs, and destroys credibility before the judge for the rest of the case.

The fifth is ignoring a summons. A defendant who does not appear is proceeded against ex parte, and setting aside an ex parte decree under Order 9 rule 13 is possible but slow and uncertain. If you have been served with a civil suit, the date in the summons is the deadline that matters.

When not to file a civil suit

Do not sue when the cost and time of the case are out of proportion to what you can actually recover. A claim of a few lakh against someone with no assets may be better pursued through a firm legal notice and a negotiated instalment plan. Lok Adalats under the Legal Services Authorities Act 1987 settle many civil disputes in a single sitting, and their awards are final with no appeal.

Do not sue when a special forum is cheaper and faster. Builder disputes go to RERA or a consumer commission, bank disputes over SARFAESI measures go to the DRT, and contracts with an arbitration clause go to arbitration. Family property quarrels are often better resolved through a family settlement drafted with care and registered where needed.

And do not sue only to pressure someone with no real claim. Courts in Delhi impose costs for frivolous litigation, and a counterclaim can turn the tables. Sometimes our advice is that the case should not be filed at all, and we say so in writing.

After the decree: appeals and execution

A decree is not money in your hand until it is executed. Execution under Order 21 CPC can mean attachment of bank accounts, salary, movable goods or immovable property, and sale through the court. The application can be filed within twelve years. Judgment debtors frequently move property before the decree, which is why attachment before judgment under Order 38 rule 5 is worth considering in suits where there is a real risk of assets being sold off.

The losing side can file a first appeal under section 96 CPC: within thirty days if it lies to the District Judge and ninety days if it lies to the High Court. A second appeal to the High Court under section 100 is allowed only on a substantial question of law, and revision under section 115 is limited to jurisdictional errors. An appeal does not automatically stay the decree; the appellant must ask for a stay, and courts often require a deposit.

From the High Court, a special leave petition can be filed in the Supreme Court within ninety days; see Supreme Court practice. Only a small proportion of civil matters are admitted at that level.

How we handle civil matters

Advocate Sadhna Singh usually reads your papers first and prepares a dated chronology, because most civil cases are won on dates: when money was paid, when a promise was made, when you first learnt of a fraud. She drafts the notice and the plaint and keeps you informed of each hearing and what was ordered.

Advocate B.K. Singh looks first at three questions: is the claim within limitation, which court has jurisdiction, and what interim order will protect the position while the case runs. He settles the pleadings and argues the interim applications and final hearing. You can read more about his background on Advocate B.K. Singh's profile.

We appear in the civil courts across Delhi, in Noida and Ghaziabad, and on the original and appellate sides of the Delhi High Court. Where a case must be filed in another state, we work with associate counsel there. Fees are agreed in writing before work starts.

What to do this week if you have a civil dispute

• Write down the key dates: payment, agreement, breach, last communication
• Work out whether three years have passed since the money fell due or the right was refused
• Collect bank statements, agreements and chats in one folder, with backups
• Do not sign any settlement, receipt or affidavit the other side sends without advice
• Check the sub-registrar or court records if property may be sold or encumbered
• If you have been served a summons, note the date of appearance and get advice before it
• Send the papers through our online enquiry page for a first reading