Civil Lawyer

Key laws & sections

• Code of Civil Procedure, 1908

  The procedural code that governs every civil suit — Order VII (plaint), Order VIII (written statement), Order XXXIX (temporary injunctions), Order XXI (execution).

• Specific Relief Act, 1963 (as amended 2018)

  After the 2018 amendment, specific performance is now the rule and damages the exception for contracts. We use the substituted-performance route under Section 20A for commercial contracts.

• Commercial Courts Act, 2015

  For commercial disputes above ₹3 lakh, mandatory pre-institution mediation under Section 12A and strict timelines for written statement and trial — Sahara India principles applied.

• Limitation Act, 1963

  Three years for money recovery, twelve years for possession suits — we run the limitation calculation before we run the merits, every time.

• Transfer of Property Act, 1882 & Indian Contract Act, 1872

  The substantive backbone for property and contract suits — frustration, breach, damages, specific performance and consequential relief.

How we run the matter

1. 1
   Cause of action review

   Before drafting a plaint we map the cause of action, limitation, jurisdiction, valuation and pre-litigation mediation requirement under Section 12A Commercial Courts Act. Half of bad civil suits die at Order VII Rule 11 — we plead to survive.

2. 2
   Pre-suit notice & mediation

   Statutory notices (Section 80 CPC for government bodies), pre-institution mediation under Section 12A for commercial matters, and a recorded settlement attempt — which often produces a result faster than the suit itself.

3. 3
   Plaint, interim relief & service

   Filing of the plaint with court fees, ad-interim Order XXXIX injunction where status quo matters, and complete service on all defendants — by registered post, courier, email and WhatsApp under recent Supreme Court orders.

4. 4
   Issues, evidence & arguments

   Framing of issues, Section 65 BSA / 63 BSA compliant documentary evidence, examination of witnesses by affidavit, cross-examination, written submissions and final hearing.

5. 5
   Decree, appeal & execution

   On decree, we move execution under Order XXI immediately — attachment of bank accounts, sale of property, garnishee orders. On adverse decree, first appeal under Section 96 CPC within 90 days.

Why Shield for this

• Pleadings as a discipline. Most civil suits are won or lost on the plaint and written statement — we draft both as if the appellate bench will read them, because eventually one will.
• Execution-first thinking. A decree without execution is a paper victory. We pre-identify defendant assets at the plaint stage so that on decree, attachment moves immediately under Order XXI Rule 41.
• Commercial Courts Act fluency. Recent recovery matter under the Commercial Courts Act — pre-institution mediation failed, summons issued, written statement struck off for delay beyond 120 days under Section 35 CPC, suit decreed on admission within 11 months.
• Settlement as a tool, not a fallback. We negotiate from strength — most suits settle once the defendant sees a clean plaint, proper interim relief and a partner who will actually conduct the trial.

Questions clients ask first