Civil Law Matters

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It is a legal conflict which arises between two or more than two parties. These parties seek justice for money damages or particular issue other than criminal proceedings. We at Counsellor understand that handling Civil Law cases could be tedious and tuff. Our endeavour is to provide you assistance and guidance in the same matter. Our team of an experienced lawyer can assist you in combating this difficult and tricky situation. Civil Litigation Lawyer is commonly known as “litigator” or “trial lawyer”. Our team of expert litigators, guide our clients in the suit filling and fighting the process. They represent our clients in trials, hearings, arbitrations and mediations in front of agencies related to administration, foreign tribunals and federal law related agencies, local as well as state courts.
Courts are there to settle the disputes between individual persons and to declare and establish their rights regarding the matters in dispute. So whenever persons fail to solve a dispute among themselves, they can approach the Court by filing a suit. It is called institution of suit.General Principles of Institution of Suits

 

There are various categories of Courts. All categories can be classified under Courts of First instance and appellate Courts. As per Section 15 of Civil Procedure Code every suit shall be instituted in the Court of the lowest grade competent to try it. Every Court has specific pecuniary and territorial jurisdiction. So we cannot file suits as per our convenience. Rules regarding filing of suits are guided by various provisions of Civil Procedure Code. Now let us have a look at those provisions.

Where to file the case:

Before filing a suit one should know where or before which Court the suit has to be filed. It is called place of suing. Place of suing is subjected to two limitations:

(1) territorial jurisdiction of the Court; and

(2) pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter, suits are divided into 3 categories. They are-

# Suits relating to immovable property.

# Suits relating to compensation for wrongs to person and movables.

# Other suits.

 

In case of Suits relating to immovable property:- As a general rule suits relating to immovable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situate, In other words, where the property in dispute is situated.

Section 16 of the Civil Procedure Code is as follows:

“Suits to be instituted where subject matter situate:­ Subject to the pecuniary and other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits.

(b) for the partition of immovable property.

( c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property.

(d) for the determination of any other right to or interest in immovable property.

(e) for compensation for wrong to immovable property.

(f) for the recovery of immovable property actually under distraint or attachment,

Purpose To deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.
Case filed by Private party
Decision Defendant can be found liable or not liable, the judge decides this.
Standard of proof “Preponderance of evidence.” Claimant must produce evidence beyond the balance of probabilities.
Burden of proof Claimant must give proof however, the burden may shift to the defendant in situations of Res Ipsa Loquitur (The thing speaks for itself).
Type of punishment Compensation (usually financial) for injuries or damages, or an injunction in nuisance.
Examples Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc.
Appeals Either party (claimant or defendant) can appeal a court’s decision.
Jury opinion In cases of civil law, the opinion of the jury may not have to be unanimous. Laws vary by state and country. Juries are present almost exclusively in criminal cases; virtually never involved in civil actions. Judges ensure law prevails over passion.