Civil Litigation

The Limitation Act, 1963 fixes a period for each kind of suit. Many money claims, and suits for specific performance of a contract, must be filed within three years from the starting point the Act specifies. A suit for possession of immovable property based on title generally has twelve years from when the other party's possession became adverse. A court must dismiss a suit filed out of time even if the other side does not raise the point, and delay in filing a suit cannot be condoned in the way delay in an appeal sometimes can. A written and signed acknowledgement of liability, or a part-payment acknowledged in writing, made before the period expires starts a fresh period. If a deadline is close, take advice without delay.

Yes. Under Order XXXIX of the Code of Civil Procedure a court can grant a temporary injunction, for example to stop a sale, construction or dispossession until the suit is decided. The applicant generally has to show a prima facie case, that the balance of convenience favours relief, and that refusing it would cause injury that money cannot adequately repair. In urgent cases the court may grant interim relief before hearing the other side, subject to strict procedural safeguards. Courts also look at whether the applicant came promptly and disclosed all material facts.

Since the Specific Relief Act was amended with effect from 1 October 2018, specific performance is no longer a purely discretionary remedy: the court is to enforce the contract unless one of the exceptions in the Act applies. The Supreme Court has treated the amendment as prospective, so older agreements and suits may still be decided under the earlier, discretionary law. The buyer must still prove that they performed, or were always ready and willing to perform, the essential terms of the contract, and the suit must be within limitation. The agreement, receipts for payments made, correspondence and the conduct of both parties are central, so they should be preserved and produced early.

A decree is enforced by applying for execution, usually to the court that passed it, which can transfer it to the court where the judgment-debtor or the property is located. Execution may be by attachment and sale of property, attachment of bank accounts or salary within legal limits, delivery of possession, or, in limited cases and with safeguards, detention in civil prison. An application to execute most decrees must be made within twelve years. The Supreme Court has directed that execution proceedings should ordinarily be decided within six months of filing, although objections by the judgment-debtor or third parties can lengthen them.

In most private disputes a notice is not legally required, though it is often sensible: it records the claim, invites payment or compliance, and may lead to settlement. There are exceptions. A suit against the Government, or against a public officer for an act done in an official capacity, ordinarily requires two months' prior notice under Section 80 of the Code of Civil Procedure. A commercial suit that does not seek urgent interim relief must first go through pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. Some statutes and contracts impose notice requirements of their own.

It depends on the court, the number of parties, whether interim applications are contested and how much oral evidence is needed. Some matters conclude within months, particularly when they settle; contested suits followed by appeals can take years. The Code of Civil Procedure sets time limits for certain stages, such as filing a written statement, and commercial suits follow a stricter schedule. We give a realistic estimate after reviewing the papers and revisit it as the case moves forward.