Civil suits & procedure

Pleadings, injunctions, decrees and execution under the CPC.

Questions advocates ask about Civil suits & procedure

Most civil disputes are decided before they reach evidence: on whether the plaint discloses a cause of action, whether the suit is within limitation, and whether a defendant has been heard. The Code of Civil Procedure and the Limitation Act, 1963 set those rules, and the time limits in them are strict.

When can a plaint be rejected?

Order VII Rule 11 lists the grounds: the plaint does not disclose a cause of action, the relief is undervalued and the plaintiff does not correct it when told to, the plaint is insufficiently stamped and the deficiency is not made good, the suit appears from the plaint to be barred by law, or the plaintiff does not comply with the requirements of the Code. The court looks only at the plaint and its documents, and not at the defence.

Code of Civil Procedure, 1908, Order VII Rule 11

What are the main limitation periods for civil suits?

Most money and contract claims must be brought within three years. A suit for possession of immovable property must be brought within twelve years from when the defendant's possession becomes adverse, and a suit for specific performance of a contract within three years from the date fixed for performance or, if none is fixed, from when the plaintiff has notice that performance is refused. Section 5, which allows delay to be condoned, does not apply to suits.

Limitation Act, 1963, Articles 54, 65 and the Schedule; Limitation Act, 1963, s. 5

What is a summary suit, and how does a defendant defend one?

Order XXXVII allows a plaintiff suing on a bill of exchange, a promissory note, a written contract or a debt of a fixed sum to seek judgment without a full trial. The defendant has no right to defend as of course: they must apply for leave to defend within ten days of service of the summons for judgment, and leave is granted only if the defence raises a triable issue. The Supreme Court has set out the principles for deciding when leave should be granted.

Code of Civil Procedure, Order XXXVII Rule 3; IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568

How can an ex parte decree be set aside?

By an application under Order IX Rule 13 showing that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing. The application must be made within thirty days from the date of the decree, or, where the summons was not duly served, from when the defendant came to know of the decree.

Code of Civil Procedure, Order IX Rule 13; Limitation Act, 1963, Article 123

How long does a defendant have to file a written statement?

Thirty days from service of the summons, which the court may extend for reasons recorded up to ninety days. In commercial suits the Supreme Court has held that the outer limit of 120 days is mandatory and the court has no power to extend it further.

Code of Civil Procedure, Order VIII Rule 1; SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd., (2019) 12 SCC 210

Prepared by The EduLaw Editorial Team on 2 November 2026. It has not yet been reviewed by a named advocate. Educational content, not legal advice; check the current text of each provision before relying on it.

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