Civil Litigation refers to the legal process through which disputes between individuals, organizations, or entities are resolved in a court of law, where the objective is not criminal punishment but the enforcement or protection of civil rights. It covers a wide range of matters such as property disputes, contract breaches, recovery of money, family disputes, injunctions, and damages.
The civil litigation process usually begins with the filing of a plaint by the aggrieved party, known as the plaintiff. The opposite party, called the defendant, is then served with a notice and given an opportunity to file a written statement in response. After pleadings are completed, the court frames issues based on the disputed facts and legal questions involved. This is followed by the stage of evidence, where both parties present documents and witnesses to support their claims. Cross-examination plays a crucial role in testing the credibility of the evidence presented.
Advocates involved in civil litigation are responsible for drafting legal documents, advising clients on their rights and remedies, conducting arguments, and representing clients throughout the trial. Their role requires strong knowledge of procedural laws such as the Code of Civil Procedure, 1908, along with relevant substantive laws.
Civil litigation aims to provide fair relief, such as compensation, declaration of rights, or specific performance of obligations. Although civil cases can be time-consuming, they serve as an essential mechanism for maintaining justice, resolving conflicts peacefully, and upholding the rule of law in society.
