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Civil suits and injunctions
A civil suit asks a court to decide rights between private parties: money, property, contracts. An injunction is an order to do or not do something.
Published by Master Legal Work · Sources and use of this guide
Stage by stage
Legal notice
A notice before suit is often sent; against the Government it is generally mandatory (s.80 CPC).
Plaint and limitation
The suit must be filed within the period in the Schedule to the Limitation Act, 1963. A plaint that discloses no cause of action or is barred by law may be rejected (Order VII Rule 11 CPC).
Temporary injunction
The court may grant a temporary injunction during the suit (Order XXXIX Rules 1 and 2 CPC) if there is a prima facie case, the balance of convenience favours it and irreparable injury would otherwise result.
Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Supreme Court of India, decided 16.12.1991 · Code of Civil Procedure, 1908
Written statement and issues
The defendant files a written statement; the court frames the issues in dispute.
Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344, Supreme Court of India, decided 02.08.2005 · Code of Civil Procedure, 1908
Evidence and arguments
Evidence is led, usually with examination-in-chief by affidavit, followed by cross-examination and final arguments.
Decree and execution
After judgment a decree is drawn up and can be executed under Order XXI CPC.
What to prepare
- Collect every document about the transaction in date order.
- Note the date of the cause of action, which decides limitation.
- Identify witnesses and their contact details.
- Keep originals safe; give the advocate copies.
Documents to keep ready
- Agreements and receipts
- Title documents (for property)
- Correspondence and notices
- Photographs / site plan
- Earlier court orders
Frequently asked questions
How long do I have to file a suit?
It depends on the type of suit; the periods are in the Schedule to the Limitation Act, 1963 (commonly three years for money claims). Check early.
When will a temporary injunction be granted?
The court looks at a prima facie case, balance of convenience and irreparable injury (Dalpat Kumar v. Prahlad Singh).
What is a permanent injunction?
A final order in the decree restraining a party, governed by ss.36 to 42 of the Specific Relief Act, 1963.
Official sources
- Code of Civil Procedure, 1908 (India Code)
- Limitation Act, 1963 (India Code)
- Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Supreme Court of India, decided 16.12.1991 (Indian Kanoon)
- Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344, Supreme Court of India, decided 02.08.2005 (Indian Kanoon)
General information only, not legal advice. Statutory references show BNSS / BNS / BSA with the earlier CrPC / IPC / Evidence Act where relevant. Check the precise commencement notification and savings: pending proceedings may remain governed by the earlier procedural law, and the offence date determines the applicable substantive penal law. Judgments are linked as reported; check the full text and any later decisions. Last reviewed 9 October 2026.
Discuss your own matter
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Related model formats
Recovery Suit · Permanent Injunction · Temporary Injunction
Read the factual and evidence prompts, filing checks and separate authority notes. Adapt the format to the actual facts and governing law before use.