1) First intake & jurisdictional triage

What to do

• Take precise facts: parties, addresses, relief sought, value of suit, cause of action, contract/transaction dates, prior notices, prior suits/arbitral proceedings, and limitation bar issues.

• Identify appropriate cause of action: breach of contract, recovery of money, possession/eviction, declaration/ injunction, specific performance, partition, probate, etc.

• Decide correct forum and pecuniary jurisdiction (District Court / Civil Judge / Small Causes Court / High Court original jurisdiction / Commercial Court where applicable).

Statutes & provisions to keep top-of-mind

• Code of Civil Procedure, 1908 (CPC) — procedural backbone (pleading rules, execution, interim measures, appeals).

  • Important: Order VII (plaint), Order VIII (written statement), Order IX (appearance), Order XI (discovery), Order XVI (plaintiff’s evidence), Order XVIII (defence evidence), Order XXI (execution), Order XX (ex parte), and Section 9 (jurisdiction of civil courts).

• Specific Relief Act, 1963 — specific performance, injunctions, rectification, rescission.

• Indian Contract Act, 1872 — contract formation, breach, remedies (damages).

• Limitation Act, 1963 — limitation periods for suits; check bar dates immediately.

• Transfer of Property Act, 1882 — sales, mortgages, leases, transfers (essential for property suits).

• Indian Evidence Act, 1872 — evidence rules for documents, admissions, witness testimony.

• Registration Act, 1908 and Stamp Act — document admissibility/registration/stamp compliance.

• Negotiable Instruments Act, 1881 for cheque/bounce overlap (if relevant).

• Guardian & Wards Act / Family law / Probate laws — where family property or guardianship overlaps.

2) Limitation & pre-action checklist (first critical steps)

What to do immediately

• Compute limitation ceiling under Limitation Act for the cause of action — file before limitation runs out or be prepared to plead sufficient cause for delay.

• Preserve documents: original agreements, invoices, receipts, bank statements, correspondence, proof of service of notice(s), title deeds, mutation entries, and evidence of possession.

• Send statutory/legal notices where required (e.g., notice for possession, demand notice under contract/NI Act) and keep proof of service.

Key sections

• Limitation Act — check the specific entry for your claim (e.g., 3 years for contract claims is common but depends on claim type).

• CPC Section 80 — serve notice to public authorities/government before suing (if defendant is Govt/Statutory authority).

3) Pleadings — drafting the plaint well (foundation of the case)

What to include

• Precise cause of action, reliefs with exact wording, valuation of suit (if money claim), jurisdictional averments, chronology, annexures list, and verification/affidavit.

• Attach certified copies of title documents, power of attorney, contract, bank slips, and any statutory notices sent.

Relevant CPC rules

• Order VII — particulars and form of plaint (use the plaint to paint a clear cause of action and relief matrix).

• Comply with Section 35A/court rules if commercial filing (Commercial Courts Act where applicable).

4) Service & interim reliefs (urgent remedies)

What to do

• Ensure proper personal service or substituted service per CPC/Order V when defendant is evasive.

• If urgent protection required (to prevent transfer/destruction of property or to maintain status quo), file interim injunction or temporary injunction application with supporting affidavit and urgent listing.

Statutes/orders to cite

• Order V (service and substituted service), Order XXXIX (interim injunctions) — for temporary injunctions, rule 1 & 2 of Order XXXIX are routinely cited.

• Specific Relief Act, Sections 5–9 for interim injunction principles and specific performance background.

5) Written statement, discovery & interlocutory practice

What to do

• Advise client to file written statement with admissions/denials and affirmative defenses (e.g., limitation, accord and satisfaction, fraud).

• Use Order XI discovery procedures: inspection of documents, interrogatories and production of documents. Seek injunctions for tampering or interim preservation orders (preservation/allocation of property).

Key CPC references

• Order VIII — written statement procedures and consequences of failure to file (exparte).

• Order XI — discovery and inspection; Order XVI–XVIII for framing issues and evidence schedules.

6) Framing issues, evidence plan & expert witnesses

What to do

• Draft concise issues that the court will decide; these keep trial focused.

• Prepare documentary bundle with indexed exhibits and a short chronology for the judge.

• Instruct experts (valuers, engineers, medical, forensic/document examiners, chartered accountants) where suits involve valuation, defect, or accounting disputes.

Statutes

• Indian Evidence Act — admissibility rules, expert evidence (Section 45 and related provisions).

• CPC Order XIV / Order XVIII — framing of issues and evidence schedule.

7) Settlement / ADR — use strategically

What to do

• Consider mediation, arbitration, or settlement negotiations — courts and Commercial Courts encourage ADR. Record any settlement as consent decree or compromise deed to make it enforceable.

• For arbitration clauses, stay civil litigation and invoke the Arbitration & Conciliation Act, 1996.

Relevant law

• Arbitration & Conciliation Act, 1996 — applicability and stay of proceedings.

• CPC / Court mediation rules — many High Courts have mediation panels.

8) Trial conduct — leading evidence & cross-examination

What to do

• Follow the issue list: plaintiff leads documentary & oral evidence, mark exhibits as per Evidence Act. Prepare clients & witnesses for cross-examination; anticipate common impeachment tactics.

• Use concise demonstratives (timelines, ledger reconciliations) to help the judge follow complex financial facts.

CPC / Evidence Act references

• Order XVIII for plaintiff’s & defendant’s evidence sequences; Evidence Act provisions on documentary proof, admissions, confessions, and hearsay exceptions.

9) Interim & final reliefs — decree drafting

What to seek

• Final reliefs: decree for possession, declaration, permanent injunction, damages, specific performance, partition, account & mesne profits, recovery of money.

• Draft precise decree wording: quantum, payment schedule, timelines, interest rates (pre/post judgment), costs and execution directions.

Key law

• Specific Relief Act — for specific performance and injunction wording.

• CPC Order XX — for ex parte and decrees; Order XXI — execution specifics.

10) Execution of decree & attachment

What to do

• File execution petition under Order XXI after decree — identify movable/immovable assets, bank accounts (garnishee), attachment & sale procedures, appoint local commissioner for property sale if required.

• For attachment of bank accounts, use garnishee proceedings and follow bank notice protocols. For immovable property, obtain certified copies of decree and follow local sub-registrar procedures for attachment list.

CPC references

• Order XXI — execution, sale, attachment, arrest — follow procedure strictly to avoid setting aside of proceedings.

11) Appeals, revisions & review

What to do

• File appeal within prescribed period (CPC/Specific Relief Act/Commercial Courts Act) to higher court (District to High Court / Sessions to High Court) on questions of law or fact. Consider injunctions pending appeal (stay applications).

• Use review/revision sparingly and where there’s a clear error of law or new evidence.

Statutory anchors

• CPC Sections 96–100 — appeals from original decree and appellate procedure.

• Check High Court rules for special appeals and civil miscellaneous lists.

12) Enforcement outside court & ancillary reliefs

What to do

• Use statutory remedies like attachment before judgment (Order XXXVIII where applicable), injunctions to prevent alienation, and interim receivership (where property is at risk).

• For commercial matters, obtain preliminary injunctions and ask court to appoint a receiver if property needs preservation or income collection.

Relevant orders

• Order XXXVIII — attachment before judgment (rare and fact-specific).

• Order XL — appeals to High Court in certain jurisdictions (check local rulebook).

13) Practical court craft & daily practice tips (Delhi)

• Prepare a 1-page chronological memo and a 2-page summary of reliefs for the judge at first listing.

• Maintain a well-indexed bundle; courts prefer tabbed documents and short submissions.

• File interim applications crisply — bench time is scarce. Use concise affidavits and clear prayer points.

• Stay mindful of limitation and service formalities — judges often dismiss claims on technical defects if not cured promptly.

14) Ethical cautions

• Do not instruct clients to forge or destroy documents — criminal and professional consequences follow.

• Be candid about timelines and litigation costs; encourage settlement where appropriate.

• Respect court protocol and procedural timelines; improper service or non-compliance can be fatal.