What the law says
Section 9 of the Code of Civil Procedure, 1908 gives the civil court jurisdiction over all suits of a civil nature except those expressly or impliedly barred. Which court hears a given suit depends on where the cause of action arose or the defendant resides, and on the value of the claim, which fixes the pecuniary jurisdiction.
Limitation is often decisive. Article 55 of the Limitation Act, 1963 allows three years for a suit on a breach of contract, running from the date of the breach, and Article 113 provides the same period where no other article applies. A suit filed out of time is liable to be dismissed however good the underlying claim, and Section 3 requires the court to take the point even if the defendant does not.
Order XXXVII provides a summary procedure for suits on bills of exchange, promissory notes and written contracts for a debt or liquidated demand. In such a suit the defendant cannot defend as of right but must apply for leave to defend, which makes it a faster route where the claim rests on a clear document.
For commercial disputes above the specified value, Section 12A of the Commercial Courts Act, 2015 requires pre institution mediation before a suit can be filed, unless urgent interim relief is sought. In Patil Automation v. Rakheja Engineers (2022) the Supreme Court held this requirement to be mandatory, and a suit filed in breach of it is liable to be rejected.
How a suit runs
A suit begins with a plaint under Order VII setting out the facts, the cause of action, the relief claimed and the valuation. Summons issues to the defendant, who files a written statement, ordinarily within thirty days and in any event within ninety. Issues are then framed on the points actually in dispute.
Evidence is led by affidavit in chief with cross examination in court, first by the plaintiff and then by the defendant, followed by arguments and judgment. Section 89 requires the court to explore settlement through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation, where the elements of a settlement exist.
Interim protection matters as much as the final result in many cases. Order XXXIX allows a temporary injunction where a prima facie case, the balance of convenience and irreparable injury are shown, and Order XXXVIII allows attachment before judgment where the defendant is about to dispose of property to defeat a decree.
A decree is not the end. Execution under Order XXI is a separate proceeding, and Article 136 of the Limitation Act allows twelve years for execution of a decree.
What to bring to the first meeting
Tick these off as you gather them. The list stays ticked on this device, and the page prints cleanly if you would rather carry it on paper.
Where these matters are heard
Suits are filed before the Munsiff Court, the Sub Court or the District Court according to the value of the claim, and appeals lie upward through that hierarchy to the High Court of Kerala. Commercial disputes above the specified value go before the Commercial Court, after pre institution mediation where no urgent interim relief is sought.
VERIFY WITH ADVOCATE — the current pecuniary limits of the Munsiff Court, Sub Court and District Court in Kerala, and the Commercial Court exercising jurisdiction over Thiruvananthapuram.
Common questions
How long does a civil suit take?+
There is no reliable answer, because it depends on the court, the number of parties, the volume of evidence and how heavily the matter is contested. What can be said is that the stages are fixed by the Code, and that the parts a litigant controls, namely producing documents on time and being available for evidence, are the parts that most often cause delay when neglected.
What does it cost to file a suit?+
Court fee is payable under the Kerala Court Fees and Suits Valuation Act, 1959 and is calculated on the value of the relief claimed, so it varies with the claim. VERIFY WITH ADVOCATE — the current rates and the method of valuation for the common categories of suit.
Can the other side be stopped from selling the property while the case runs?+
An application under Order XXXIX of the Code of Civil Procedure for a temporary injunction can be made along with the suit. The court looks for a prima facie case, the balance of convenience and irreparable injury, and where property may be disposed of to defeat a decree, attachment before judgment under Order XXXVIII is the alternative.
I have a decree but nothing has been paid. What now?+
A decree is enforced by a separate execution petition under Order XXI, in which the court can attach and sell property, attach a salary or bank account, or in limited circumstances order detention. Article 136 of the Limitation Act, 1963 allows twelve years from when the decree becomes enforceable.