To file a civil suit in India, draft a plaint (the written statement of your claim) in compliance with Order VII of the Code of Civil Procedure, 1908, pay the prescribed court fees, and file it before the civil court with appropriate territorial and pecuniary jurisdiction. The process involves multiple stages — from filing through framing of issues, evidence, arguments, and final judgment. The total timeline ranges from 1 to 5 years for final disposal, though interim relief (such as a temporary injunction) can be obtained within 2 to 8 weeks. Court fees are calculated ad valorem (as a percentage of the claim amount) for money suits and at fixed rates for declaratory suits, with advocate fees ranging from ₹10,000 to ₹1,00,000 or more depending on the suit's complexity.
Who can file a civil suit
- Any natural person of sound mind who has attained the age of majority (18 years). Minors must sue through a "next friend" — typically a parent or guardian
- Any company, LLP, partnership firm, trust, or registered society — through its authorised representative
- Legal heirs of a deceased person — to continue a pending claim or initiate a new one where the cause of action survives the death
- Government — Central and State Governments are legal persons and can sue and be sued
- Multiple plaintiffs — Two or more persons can jointly file a suit if their cause of action arises from the same transaction or series of transactions (Order I, Rules 1 and 3, CPC)
You cannot file a civil suit if: The suit is barred by limitation (the time period prescribed under the Limitation Act, 1963 has expired), the subject matter is outside the court's jurisdiction, the suit is res judicata (the same matter has already been decided between the same parties), or the suit is specifically barred by any statute (e.g., certain revenue or tenancy matters that must go to special tribunals).
Documents you will need
Mandatory documents
- Plaint — The written statement of your claim drafted in compliance with Order VII, Rule 1, CPC. Must contain: the name and description of all parties, the facts constituting the cause of action and when it arose, the relief claimed, the valuation of the suit for jurisdiction and court fees, a statement showing that the court has jurisdiction, and a verification signed by the plaintiff
- Court fee stamps or e-payment receipt — Court fees calculated according to the applicable Court Fees Act (central or state, as applicable)
- Identity proof of the plaintiff — Aadhaar card, PAN card, or passport (photocopy)
- Address proof of the plaintiff — Utility bill, bank statement, or Aadhaar (photocopy)
- Vakalatnama — Power of attorney in favour of the advocate who will represent you (executed on stamp paper)
- List of documents — An index of all documents being filed along with the plaint (Order XIII, Rule 1, CPC)
- All relied-upon documents — Copies of contracts, agreements, receipts, correspondence, title deeds, or any other documents that support your claim
Additional documents (if applicable)
- Legal notice and reply — If a pre-suit legal notice was sent, include copies of both the notice and any reply received (see How to Send a Legal Notice)
- Affidavit — Sworn statement verifying the facts stated in the plaint (mandatory in some courts)
- Application for interim relief — If seeking a temporary injunction, receiver appointment, or other interlocutory orders (Order XXXIX, CPC)
- Certified copies of prior orders — If any related proceedings have taken place earlier
- Memo of parties — Detailed list of all plaintiffs and defendants with their addresses (some courts require a separate memo in addition to what is stated in the plaint)
Step-by-step process
Step 1: Determine the cause of action and relief — Identify what you are suing for
Identify the legal basis for your claim (breach of contract, recovery of money, declaration of title, specific performance, injunction, damages, or any combination). The cause of action consists of the bundle of facts that gives you the right to sue. Determine the exact relief you seek — monetary recovery, declaratory relief, injunction, or specific performance.
Where: Preliminary assessment with your advocate Form: Not applicable at this stage Fee: Consultation fee (₹500-5,000)
Tip: Be precise about the relief you seek. A vaguely worded prayer leads to delays and may result in the court granting less than what you were entitled to. If you want both money and an injunction, spell out each relief separately with specific amounts and descriptions.
Step 2: Verify the limitation period — Ensure you are within time
Check the applicable limitation period under the Limitation Act, 1963 before filing. Different causes of action have different limitation periods — 3 years for breach of contract, 3 years for recovery of money on a promissory note, 12 years for possession of immovable property, and so on. The limitation period runs from the date the cause of action arises. Filing even one day after the limitation period expires makes the suit time-barred and liable to dismissal.
Where: Review the Schedule to the Limitation Act, 1963 (available at https://www.indiacode.nic.in)
Form: Not applicable
Fee: Not applicable
Tip: If the limitation period is about to expire and your plaint is not yet ready, file an incomplete plaint and pay the minimum court fees to protect the filing date. You can seek the court's permission to amend the plaint and pay the balance court fees later. The date of filing — even an incomplete filing — is what counts for limitation purposes.
Step 3: Determine jurisdiction — Identify the correct court
Determine three types of jurisdiction:
Territorial jurisdiction: Where does the cause of action arise? Where does the defendant reside or carry on business? Under Section 20 CPC, a suit is filed where the defendant resides, works for gain, or where the cause of action wholly or partly arises.
Pecuniary jurisdiction: What is the monetary value of your claim? This determines which level of court hears the suit. The thresholds vary by state but typically follow a three-tier structure:
- Munsif Court / Junior Civil Judge — suits up to ₹3-10 lakh (varies by state)
- Senior Civil Judge / City Civil Court — suits from ₹3-10 lakh up to ₹1-2 crore
- District Judge — suits above ₹1-2 crore (some states vary)
Subject matter jurisdiction: Some disputes must go to specialised courts — family matters to Family Courts, commercial disputes above ₹3 lakh to Commercial Courts, tenancy disputes to Rent Controller, and so on.
Where: Identify the court based on the above three factors Form: Not applicable Fee: Not applicable
Tip: Filing in the wrong court wastes months. If the defendant objects to jurisdiction, the case may be transferred to the correct court — but all the time spent is lost. When in doubt, verify the pecuniary limits on the official website of the state's High Court. For Delhi, current thresholds are: up to ₹3 lakh (Civil Judge), ₹3 lakh to ₹2 crore (District Judge), above ₹2 crore (High Court original side).
Step 4: Draft the plaint — Prepare the foundational court document
Engage an advocate to draft the plaint in strict compliance with Order VII, Rule 1, CPC. The plaint must contain:
- The name of the court
- The name, description, and place of residence of the plaintiff and defendant
- The facts constituting the cause of action, and when it arose
- Facts showing that the court has jurisdiction
- The relief claimed — stating specifically the amount or the precise nature of the declaratory or injunctive relief
- Where the plaintiff has allowed a set-off or relinquished a claim, the amount so allowed or relinquished
- A statement of the suit's value for the purpose of jurisdiction and court fees
The plaint must be verified by the plaintiff (signing a verification under oath that the contents are true and correct).
Where: Prepared by your advocate Form: No prescribed government form — drafted per Order VII CPC requirements Fee: Included in advocate's fees (₹10,000-1,00,000 depending on complexity)
Tip: Attach every document you rely on at the time of filing the plaint. Under Order VII, Rule 14, CPC, documents not produced at the time of filing the plaint cannot be produced later without the court's permission. Courts take this rule seriously — missing a key document at the initial stage can prejudice your entire case.
Step 5: Calculate and pay court fees — Determine the cost of filing
Calculate the court fees payable based on the applicable Court Fees Act. Most states follow the Court Fees Act, 1870, but several states have their own legislation (Delhi has the Delhi Court Fees Act, 2012; Maharashtra has its own schedule, etc.).
Types of court fees:
- Ad valorem (proportional to claim amount) — for money suits, recovery of specific property, suits for accounts. Typically ranges from 1% to 10% of the suit value depending on the state and the amount.
- Fixed fee — for declaratory suits, injunction suits where no consequential relief of monetary value is claimed. Ranges from ₹200 to ₹2,000 depending on the state.
- On record — additional court fee payable when certain documents are exhibited in evidence.
Where: Purchase court fee stamps from the court stamp counter, or pay online through the e-Filing portal Form: Court fee stamps affixed on the plaint, or e-payment receipt attached Fee: Varies — see table below
Tip: Undervaluing the suit to pay lower court fees is a dangerous strategy. The defendant can raise an objection, and the court can reject the plaint under Order VII, Rule 11 for insufficient court fees. Always calculate fees correctly. If in doubt, pay slightly more — excess court fees can be refunded.
Step 6: File the plaint in court — Submit to the filing counter
Present the plaint with all supporting documents, the vakalatnama, court fee stamps (or e-payment receipt), and the requisite number of copies (one for the court record and one for each defendant) at the filing counter of the appropriate court. The filing clerk will check the plaint for basic compliance, assign a case number, and issue a filing receipt.
Where: Filing counter of the civil court with jurisdiction Form: Plaint as drafted + copies for defendants + supporting documents Fee: Filing charges (minimal — ₹10-50 for registration in the case register)
Tip: Many courts have a "scrutiny" process where a court officer checks the plaint for defects before accepting it. If defects are noted (insufficient court fees, missing verification, incorrect stamp paper), you may be given 7-15 days to cure the defects. Do not argue with the filing clerk — note the objections, fix them, and re-present within the time allowed.
Step 7: Court issues summons to the defendant — Formal notice to appear
After the plaint is registered, the court issues summons to the defendant directing them to appear and file a written statement (their defence) within 30 days (extendable to a maximum of 120 days under the 2018 CPC amendments). The summons is served through the court's process server, by Speed Post, or — if these fail — by substituted service (newspaper publication).
Where: Court arranges service — plaintiff must provide the defendant's correct address Form: Summons issued by the court (Form No. 1 or 2, Appendix B, CPC) Fee: Process fee (₹50-500 depending on the number of defendants and mode of service)
Tip: Provide the defendant's correct and current address. If summons is returned unserved, the case stalls. If you know the defendant is evading service, immediately apply for substituted service — by email, newspaper publication, or affixing on the door of the last known address. Delays in service are one of the biggest causes of litigation delay.
Step 8: Defendant files written statement — Response to the plaint
The defendant files their written statement (defence) within 30 days of receiving summons, extendable up to 120 days with the court's permission. The written statement must specifically address each paragraph of the plaint — any allegation not specifically denied is deemed admitted. The defendant may also file a counterclaim (their own claim against the plaintiff) along with the written statement.
Where: Filed before the same civil court Form: Written statement as drafted by the defendant's advocate Fee: No additional court fee for filing a written statement (court fee is payable on a counterclaim)
Tip: If the defendant does not file a written statement within the extended period, the court can proceed ex parte — hearing only the plaintiff's case. This is a significant consequence and gives the plaintiff a tactical advantage.
Step 9: Framing of issues and evidence — The substantive trial phase
The court frames issues — specific questions of law and fact that need to be decided based on the plaint and written statement. Both parties then present evidence: documentary evidence (exhibits), oral evidence (witness testimony), and expert evidence (if needed). Each witness is examined by the party presenting them, cross-examined by the other party, and may be re-examined.
Where: Before the trial court Form: Evidence affidavits, witness examination, documentary exhibits Fee: No additional court fee (witness expenses may apply)
Tip: This is the longest phase of a civil suit, often taking 1 to 3 years. Prepare your evidence carefully — well-organised documentary evidence and credible witnesses are more persuasive than lengthy arguments. Courts increasingly encourage affidavit-based evidence (evidence on affidavit) to speed up the process.
Step 10: Final arguments, judgment, and execution — Concluding the suit
After evidence is concluded, both advocates present final arguments. The court then pronounces judgment, either allowing or dismissing the suit (or granting partial relief). If the court passes a decree in your favour, the defendant must comply. If the defendant does not comply voluntarily, you must file a separate execution petition to enforce the decree.
Where: Before the same civil court (judgment) and execution court (for enforcement) Form: Execution petition under Order XXI, CPC Fee: Court fee on execution petition (varies by state — typically ₹500-2,000)
Tip: Do not assume the defendant will comply voluntarily with the decree. File the execution petition promptly — under the Limitation Act, a decree must be executed within 12 years, but earlier enforcement is always better. The execution court can attach the defendant's property, garnish bank accounts, or even order arrest in certain money decree cases.
Fees and costs
| Item | Amount | Payment Method |
|---|---|---|
| Court fee (ad valorem — money suit) | 1%-10% of claim value (varies by state) | Court fee stamps or e-payment |
| Court fee (fixed — declaratory suit) | ₹200-2,000 | Court fee stamps or e-payment |
| Process fee (summons) | ₹50-500 | Court fee stamps |
| Stamp paper for vakalatnama | ₹10-100 | Non-judicial stamp paper |
| Certified copies | ₹50-200 | Court fee stamps |
| Execution petition court fee | ₹500-2,000 | Court fee stamps |
| Advocate fees | ₹10,000-1,00,000+ | Direct to advocate |
| Total estimated cost | Varies widely by suit value and complexity |
Example: For a money recovery suit of ₹10,00,000 in Delhi, court fees would be approximately ₹12,500 (at 1.25% ad valorem) + advocate fees of ₹25,000-75,000 = total ₹37,500 to ₹87,500.
How long does it take
| Stage | Statutory Timeline | Realistic Timeline |
|---|---|---|
| Filing the plaint | Same day | 1-3 days (if documents ready) |
| Issuance and service of summons | 30 days | 1-3 months |
| Written statement by defendant | 30 days (max 120 days) | 2-6 months |
| Framing of issues | Within 2 weeks of completion of pleadings | 1-3 months |
| Evidence (plaintiff and defendant) | No fixed limit | 6-18 months |
| Final arguments | No fixed limit | 2-6 months |
| Judgment | Within 30 days of arguments | 1-3 months |
| Total for final disposal | No fixed statutory limit | 2-5 years |
| Interim relief (temporary injunction) | No fixed limit | 2-8 weeks |
Can you do this online?
Yes, civil suits can be e-filed through the eCourts e-Filing portal in courts that have adopted the system.
- Register on the e-Filing portal at
https://filing.ecourts.gov.in— create an account using your Aadhaar number, mobile number, and email address - Select the state, district, and court establishment from the dropdown menus
- Choose the case type (civil suit — original suit, money suit, declaratory suit, etc.)
- Fill the digital form with party details, cause of action, jurisdiction statement, and relief claimed
- Upload the plaint, vakalatnama, list of documents, and all supporting documents in PDF format
- Pay court fees online through the integrated payment gateway (net banking, UPI, or debit/credit card)
- Submit and download the filing acknowledgment with the registered case number
Important: E-filing is available for district courts and High Courts across most states. The portal accepts documents only in PDF format. After e-filing, the original signed plaint with physical court fee stamps may still need to be submitted to the court registry within a specified period (usually 7-15 days) — check your state's e-filing rules. Track your case at https://services.ecourts.gov.in.
What if things go wrong
Problem: The plaint is rejected under Order VII, Rule 11 CPC
Solution: The court can reject a plaint if it does not disclose a cause of action, the suit is barred by limitation, the suit is insufficiently stamped (court fees), or the plaint is filed in duplicate without compliance with rules. An order of rejection is appealable. File an appeal within 30 days. If the rejection is for a curable defect (insufficient court fees, missing verification), the court may allow you to cure the defect and re-present the plaint. Rejection does not bar a fresh suit on the same cause of action (unlike dismissal, which creates res judicata).
Problem: The defendant is evading service of summons
Solution: If the defendant cannot be served through ordinary process (Speed Post and court process server), apply for substituted service under Order V, Rule 20, CPC. The court can order service by: affixation on the door of the defendant's last known residence, publication in a newspaper circulating in the area, email or other electronic means (courts have started accepting this), or any other method the court deems fit.
Problem: The case is progressing extremely slowly
Solution: File an application for expedited hearing, citing urgency. If the delay is at the trial court level, consider filing a transfer petition or a writ of mandamus before the High Court directing the trial court to dispose of the matter within a specified timeframe. The Supreme Court's directives on reducing pendency support such applications. Also consider whether mediation or settlement can resolve the matter faster than a full trial.
Problem: The defendant files a counterclaim that exceeds the court's pecuniary jurisdiction
Solution: Under Order VIII, Rule 6A, CPC, a counterclaim is treated as a separate suit. If the counterclaim value exceeds the court's pecuniary jurisdiction, the defendant must file the counterclaim as a separate suit before the court with appropriate jurisdiction. The trial court will decide the plaintiff's suit and the counterclaim may be tried separately or the entire matter transferred to the higher court.
State-specific differences
| State | Court Fee Structure | Pecuniary Limits (Approx.) | Notable Features |
|---|---|---|---|
| Delhi | Delhi Court Fees Act, 2012 — 1% to 1.5% for money suits | Up to ₹3L: Civil Judge; ₹3L-₹2Cr: District Judge; Above ₹2Cr: HC | Commercial Courts for disputes above ₹3L; well-established e-filing |
| Maharashtra | Bombay Court Fees Act — ad valorem schedule | Varies by district; Small Causes Court for suits below ₹1L | City Civil Court in Mumbai for suits up to ₹2Cr |
| Karnataka | Karnataka Court Fees and Suits Valuation Act | Up to ₹5L: Munsif; ₹5L-₹50L: Senior Civil Judge; Above ₹50L: City Civil Court | Bengaluru has e-Courts with efficient digital filing |
| Tamil Nadu | Tamil Nadu Court Fees Act — generally lower than Delhi | Up to ₹3L: District Munsif; Above: Sub Judge/District Judge | Relatively affordable court fees |
| Uttar Pradesh | Court Fees Act, 1870 (central) applies | Standard three-tier structure | Highest pendency — cases take longer; Lucknow and Allahabad have Bench courts |
| West Bengal | Court Fees Act, 1870 with state amendments | Standard three-tier structure | Kolkata has City Civil Court with efficient processes |
Frequently asked questions
Can I file a civil suit without a lawyer?
Yes, under Section 32 of the Advocates Act, 1961, any party can appear and plead in person before any court. However, civil suits involve complex procedural requirements — drafting the plaint, calculating court fees, filing evidence, cross-examining witnesses — that make professional representation essential in practice. Filing without a lawyer (as a "party-in-person") is theoretically possible but practically very difficult for contested matters.
What is the difference between a plaint being "rejected" and a suit being "dismissed"?
A plaint rejected under Order VII, Rule 11 does not bar a fresh suit on the same cause of action — you can correct the defects and file again. A suit dismissed after trial on merits creates res judicata — the same matter between the same parties cannot be litigated again. A suit dismissed for default (non-appearance) can be restored within 30 days under Order IX, Rule 9. This distinction is critical and has significant consequences.
How are court fees calculated for a money recovery suit?
Court fees for money suits are calculated ad valorem — as a percentage of the amount claimed. The rate varies by state: Delhi charges approximately 1% to 1.5%, Maharashtra follows the Bombay Court Fees schedule, and most other states follow the Court Fees Act, 1870 with their own amendments. For a ₹10 lakh claim in Delhi, you would pay approximately ₹12,500 in court fees. For a ₹1 crore claim, the fee would be approximately ₹1,25,000. Court fees are non-refundable even if you lose the case, though the court can order the losing party to reimburse costs.
Can I get interim relief (temporary injunction) before the final hearing?
Yes, under Order XXXIX of the CPC, you can apply for a temporary injunction at any stage of the suit. The court grants temporary injunctions based on three conditions: (a) there is a prima facie case in your favour, (b) the balance of convenience lies in your favour, and (c) you will suffer irreparable harm if the injunction is not granted. Temporary injunction applications are typically heard within 2 to 8 weeks of filing. This is one of the most powerful interlocutory remedies available in civil litigation.
What happens if I win but the defendant does not pay?
File an execution petition under Order XXI of the CPC before the same court that passed the decree. The execution court has extensive powers: it can attach the defendant's movable and immovable property, garnish bank accounts, appoint a receiver to manage the defendant's property, order sale of attached property, and in extreme cases of money decrees, order arrest and detention of the judgment debtor. You have 12 years from the date of the decree to file execution proceedings.
This guide is part of Veritect's Legal Procedure Guides, a step-by-step reference for common Indian legal processes. Last updated: 2026-03-27. This content is for informational purposes and does not constitute legal advice.