INDIA Law and Practice Contributed by: Aditya Jalan, Urvashi Misra, Bhagya K. Yadav and Sushrut Garg, AZB & Partners
Himachal Pradesh also exercise original jurisdiction in contractual and commercial cases subject to pecuni- ary jurisdiction. The Supreme Court and the High Courts are the courts of record. At the district level, are District Courts (for civil juris- diction) and Sessions Courts (for criminal jurisdiction), along with courts of Civil Judges and Magistrates at lower levels. India also has specialised various tribunals for sub- ject-specific disputes, which remain subject to judi- cial review by constitutional courts. For instance, the National Company Law Tribunal under Companies Act, 2013 and Insolvency and Bankruptcy Code, 2016. 2.3 Pre-Action Conduct Some of the statutorily imposed pre-action conduct requirements include Section 80 of the CPC, which mandates the issuance of a two-month notice prior to instituting a suit against the government or a public officer in respect of an official act. Unless this require- ment is met, the action filed does not get placed before the Courts. Similarly, Section 12A of the Commercial Courts Act, mandates pre-institution mediation for commercial suits, where no urgent interim relief is sought. Non- compliance leads to rejection of the plaint, as held in Patil Automation Pvt . Ltd . v Rakheja Engineers Pvt . Ltd ., (2022) 10 SCC 1. 2.4 Stages of Court Proceedings Civil proceedings in India are governed by the CPC and commence with filing a plaint stating material facts and relief sought (Section 80, CPC). Upon insti- tution of the suit, the court issues summons to the defendant to appear and answer the claim (Order V, Rule 1, CPC). The defendant must file a written state- ment, with a strict 120-day limit in commercial dis- putes (Section 16, Commercial Courts Act read with Order VIII Rule 1 CPC). Once pleadings are complete, the court frames issues of fact or law in the dispute (Order XIV, Rule 1, CPC).
The case then proceeds to evidence, which includes documentary and oral evidence (Order XVIII, CPC). Thereafter, the court hears arguments from the par- ties and proceeds to pronounce judgment (Order XX, Rule 1, CPC). Subsequent stages may include appellate proceed- ings and execution proceedings for enforcement of the decree (Order XXI, CPC). As for duration, civil court proceedings while there is no statutorily prescribed timeline to complete the proceedings, the duration till the passing of a decree typically takes between 3-6 years, depending on the court adjudicating upon the dispute, complexities of the matter and court workload. 2.5 Confidentiality The CPC expressly provides that civil courts shall be deemed open courts to which the public generally may have access (Section 153B, CPC). In Arbitration matters, courts may restrict access to sensitive documents or proceedings where necessary to protect trade secrets or confidential business infor- mation (Section 42A of the Arbitration Act). 2.6 Interim Relief Under Order XXXIX Rules 1 and 2 of the CPC, courts may grant injunctions where property is at risk of being wasted, damaged, alienated, or where the defend- ant threatens dispossession or injury to the plaintiff. Courts may also grant ex-parte ad interim injunctions where delay would defeat the purpose of the relief, subject to procedural safeguards ( Iqbal Singh and Ors . v Chanan Singh and Ors (1965) SCC OnLine Punj 261). Protective reliefs can also be granted such as deposit of decretal amount (or in part). It is common for parties to seek such reliefs to protect the subject matter of the suit, since court proceedings
typically take time. 2.7 Final Relief
The most common form of final relief is monetary compensation (damages). Courts under the Specific Relief Act, 1963 (the “Specific Relief Act”) may also grant specific performance of contracts, compelling
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