2. Structure of
Civil Court System
The Supreme Court of India is the apex court exercising
original, appellate and advisory jurisdiction, followed by the
high courts established in different states and union territories
of India.
All high courts exercise appellate jurisdiction over subordinate
courts established in different districts with the exception of
five high courts (being the high courts at Mumbai, Delhi,
Kolkata, Chennai and Himachal Pradesh) which are the first
courts of instance in addition to their appellate jurisdiction.
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ROLE OF THE JUDGE
AND THE JURY IN
CIVIL PROCEEDINGS
Judges in Indian courts play an
inquisitorial role in deciding cases as
they conduct civil and criminal
proceedings, consider arguments,
appreciate evidence, apply applicable
law and pass judgments. The jury
system is not in practice in India except
to adjudicate matrimonial disputes in
the Parsi community.
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TIME LIMITS FOR
BRINGING CIVIL
CLAIMS
The time limits for bringing civil
claims are prescribed under the
Limitation Act, 1963. Parties are not
at liberty to suspend time limits
prescribed under this act.
5. Procedure and timetable
for a civil claim
A suit is instituted by filing of a plaint.
Thereafter, summons are issued to the defendants. On receipt of
summons, if a defendant desires to defend the suit, the defendant files
its written statement within 30+90 days of receipt of summons. In
commercial suits, delay beyond 120 days in filing a written statement
cannot be condoned, unlike all other civil suits.
After the written statement is filed, the parties enter into discovery and
inspection of documents. On completion of discovery, the court frames
points for determination.
After framing of issues, trial in the suit commences where, inter alia,
evidence, by way of documents and witnesses, is presented and
witnesses are cross-examined.
Thereafter, a final hearing of the suit is conducted before the court,
which then passes a judgment.
A party aggrieved by the judgment of the court can challenge the
same in appeal before a higher court.
6. How is evidence
presented at trial?
Evidence in the trial can be presented in both oral
and documentary (including electronic) form.
Witnesses and experts do give oral evidence.
Documentary evidence can also be presented
during cross-examination of a witness or expert.
7. Are court hearings
held in public?
Hearings in court are generally
held in public except when
there is cause to hold such
proceedings in camera. Further,
while court orders or
judgments are part of the
public record, pleadings,
documents relied upon by the
parties to a proceeding,
witness statements, etc. are
not made available to the
public.
