Filing a civil lawsuit in Haryana (or anywhere in India) involves a series of well-defined steps under the law. For a layperson unfamiliar with the legal system, the process may appear complex and intimidating. This article aims to demystify the civil suit filing process in Haryana by explaining each stage in plain language. We’ll cover everything from the initial preparations (like consulting a lawyer and sending a legal notice) to the final judgment and possible appeals. Along the way, we’ll also highlight key considerations specific to Haryana’s courts.By the end of this guide, you should have a clearer picture of how civil litigation works and how to file a civil suit in Haryana step by step.

(For context, a civil suit is a legal action between private parties to resolve disputes or seek remedies. These can include a wide range of issues like contract breaches, property disputes, family matters, and more Unlike criminal cases, civil cases focus on enforcing rights or getting compensation rather than punishment.)

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Understanding the Civil Litigation Process in Haryana

Before diving into the steps, it’s important to understand how civil courts function in Haryana:

Legal Framework: Civil cases in Haryana are governed by the Code of Civil Procedure, 1908 (CPC) – a nationwide law that outlines the procedure for civil suits.This means the overall process (filing, summons, evidence, etc.) is similar across India, including Haryana.
Court Structure in Haryana: Civil suits are generally filed in the district or subordinate courts of the state. Haryana’s subordinate civil courts (often called Civil Judge courts) have unlimited pecuniary jurisdiction, meaning any civil suit of any value can be instituted in these courts.In practical terms, whether your claim is small or very large, you will start at the appropriate civil court in the concerned district. The District Judge (and Additional District Judges) typically handle appeals from these courts. (Some specialized matters may go to specific courts – e.g. family disputes to Family Courts, high-value commercial disputes to designated Commercial Courts – but for most common civil disputes, the local civil court is the starting point.)
Jurisdiction: You must file the suit in a court that has jurisdiction over the matter. Jurisdiction has a few aspects:
- Territorial jurisdiction (Venue): Usually, the case should be filed in a court where the cause of action arose or where the defendant resides or does business. For example, if the dispute is over property in Karnal (Haryana), the suit would be filed in Karnal’s civil court.
- Subject-matter jurisdiction: Certain cases might be handled by specialized courts (for instance, rent disputes might go to a Rent Controller, matrimonial disputes to a Family Court). Ensure your case is filed in the correct forum for that type of dispute.
- Pecuniary jurisdiction: This refers to the monetary value limit of a court. Notably, in Haryana the civil courts can hear suits of any valuation
Layperson vs Lawyer: You can file a civil suit on your own (party-in-person) without a lawyer, as Indian law permits self-representation.However, civil procedures can be technical. It’s usually wise to seek a lawyer’s help, especially for drafting legal documents and navigating court procedures. A lawyer experienced in Haryana’s local courts will ensure your case is filed correctly and improve your chances of success
Time and Patience: Be aware that civil litigation can be a lengthy process. Cases in India (including Haryana) often take months or even years to reach a conclusion.Courts handle many cases, and multiple hearings are common. Patience and diligence in following up are key.

With this background in mind, let’s walk through each step of filing and pursuing a civil suit in Haryana, in chronological order.

Step-by-Step Guide to Filing a Civil Suit in Haryana

The civil suit process can be broken down into clear stages. Below is a step-by-step guide tailored for a layperson, detailing what you need to do at each stage and what to expect.

Step 1: Preliminary Step – Seek Legal Advice and Send a Legal Notice (Optional)

Consult a Lawyer: The first thing you should consider is consulting with a qualified civil lawyer. While not mandatory, a lawyer can evaluate the merits of your case, explain your rights, and advise if filing a suit is the best course. They will also inform you of any pre-filing requirements. For example, in some situations (like disputes with government departments), the law requires a notice period before you can sue, and a lawyer will guide you on this.

Sending a Legal Notice: In many civil disputes, it is customary (and often effective) to send a legal notice to the opposing party before filing a case. A legal notice is essentially a formal demand letter outlining your grievances, the relief you seek, and a warning that you may initiate legal action if the matter isn’t resolved amicably. Your lawyer can draft and send this notice on your behalf.This step often helps in two ways:

It may resolve the dispute without court intervention, saving both time and resources. Sometimes the opposite party, upon receiving a notice, may agree to negotiate or fulfill the demand to avoid litigation.
It documents your attempt to settle the matter out of court, which shows good faith. If the case proceeds to court, you can demonstrate that you gave the opponent a chance to remedy the issue.

Example: If a contractor hasn’t paid you for services, your lawyer might send a legal notice demanding payment within 15 days. If the contractor responds and pays or negotiates, you might avoid filing a suit. If they ignore the notice or refuse, you can proceed with litigation knowing you tried to settle peacefully.

Note: While sending a legal notice is common, it’s not a legal requirement for all civil cases (except certain scenarios prescribed by law). It’s an advisable step, but if time is of the essence or the other side is unresponsive, you can directly file a suit without a prior notice in many cases. Just be sure to gather any evidence (contracts, emails, etc.) that support your claim before moving to the next step.

Step 2: Drafting the Plaint – The Written Complaint

If you’ve decided to file a suit, the process officially begins with preparing a document called a “Plaint.” A plaint is essentially the written complaint or petition you submit to the court to initiate the lawsuit.This is one of the most crucial documents in your case, so it must be drafted carefully. Here’s what to know about the plaint:

Contents of the Plaint: A well-drafted plaint typically includes:

Heading and Court Name: The name of the court where the suit is being filed (e.g., “In the Court of Civil Judge (Senior Division), Gurugram”).
Parties’ Names and Addresses: Full name, description, and address of the plaintiff (the person filing the suit) and the defendant (the opposing party)
Cause of Action and Facts: A clear statement of the facts that led to the dispute – what happened, when, and how the defendant’s actions or omissions have caused harm or violated your rights. This should be chronological and factual.
Jurisdiction and Subject Matter: A brief statement on why this court has jurisdiction (e.g., the dispute happened in this area, or the property in question is located here). Often a reference to the legal provision or basis of jurisdiction is included,but in simple terms you must show the court it has authority to hear your case.
Relief Sought: What you are asking the court to grant you. This could be a specific compensation amount, an injunction (court order to do or stop doing something), declaratory relief (such as a declaration of your rights), or any other remedy applicable to your case.
Verification: A statement at the end by you (the plaintiff) affirming that the facts stated are true to your knowledge and belief, followed by your signature. This is usually done in the presence of a notary or oath commissioner.

Attachments: Along with the plaint, you should attach copies of all relevant documents that support your claims. For instance, if it’s a contract dispute, attach the contract; if it’s an unpaid invoice issue, attach the invoices and any communications. Each document should be referred to in the plaint and marked as an annexure. These will serve as evidence later.

Drafting Tips: Since the plaint is the foundation of your case (vishalsainiadv.com), ensure it is:

Clear and Specific: State all material facts clearly. Avoid vague allegations; provide details (dates, amounts, etc.) wherever possible.
Concise: Stick to relevant facts. Legal pleadings shouldn’t be overly long-winded. Extraneous information can distract from the main issues.
Legally Sound: Your plaint should, on the face of it, make out a valid legal claim. It should specify what legal rights were violated or which contract terms were breached, etc. If a specific law applies, it can be mentioned.
Properly formatted: Follow the format prescribed by the court (your lawyer or the court office can guide you on format, margin, spacing, etc.). Typically, it’s typed on legal-size paper with proper heading and cause title.

Most laypersons will have a lawyer draft the plaint for them, which is advisable. If you are drafting on your own, consider at least getting a legal professional to review it. Mistakes in a plaint (like omitting a critical fact or asking for the wrong relief) can delay your case or even lead to dismissal of the suit on technical grounds. Remember, the plaint is what the judge will read to understand your case – it should present a compelling narrative of why you deserve relief under the law.

Step 3: Filing the Plaint in the Appropriate Haryana Court

Once your plaint is ready, the next step is to officially file it in court. Filing is the act of submitting your plaint (along with all required documents) to the court registry and paying the necessary fees so that your lawsuit can be registered. Here’s what happens during the filing stage:

Choose the Correct Court: As discussed in the jurisdiction section, you must file in a court that has authority over the matter. In Haryana, this will likely be the civil court (Civil Judge) of the relevant district. For example, a dispute arising in Panipat should be filed in Panipat’s civil court. If you file in the wrong court, your case may be returned or transferred, so get this right. Consider the factors of territory, subject, and in general, remember that Haryana’s civil courts can take suits of any value.(so you don’t have to travel to a higher court for high-stakes claims; you start at the district level).
Court Fees and Stamp Duty: When you file, you are required to pay court fees (a sort of processing fee for the suit) and sometimes a separate stamp duty depending on the nature of the case. The amount of court fee depends on the value of your claim and the type of suit.For monetary suits, it’s often a percentage of the claim amount; for other suits (like injunctions or declaratory suits), there may be a fixed fee. These rates are set by the Court Fees Act and state amendments. In practice, your lawyer or the court clerks will calculate the fee for you. For instance, if you are suing for ₹5,00,000, the fee might be a few percent of that (exact slabs are defined in law). In addition, a nominal filing charge and process fee is paid to cover the cost of issuing summons, etc.Make sure to keep the receipts of any fee paid, as those go on record.
Vakalatnama (if you have a lawyer): If an advocate is representing you, you will need to file a Vakalatnama along with the plaint.A vakalatnama is a document authorizing your lawyer to represent you in court. By signing it, you typically agree to terms like: the lawyer can act on your behalf, you’ll pay the fees, and the lawyer can retain documents until fees are paid, etc. It’s essentially the power of attorney for court representation. If you are representing yourself, no vakalatnama is needed – you will appear “in person.”
Filing Procedure: In the court, you (or your lawyer’s clerk) will take the plaint (with copies) to the filing counter of the court. The court staff (often called the Reader or Clerk or a filing Sheristedar) will check that the papers are in order – proper format, required number of copies, attachments, fees paid, etc.Here’s what generally happens:
- You usually need to submit multiple copies of the plaint: one for the court records, and copies for each defendant to be served.
- If everything is in order, the staff will stamp your plaint with a filing number and date. This is the official filing of the suit.
- The case is then assigned a unique case number (e.g., Civil Suit No. X of 2025) and allotted to a particular court/judge (if there are multiple courts, usually based on a roster or subject category).
- If the paperwork is incomplete or incorrect, the registry may raise an objection. For example, if a necessary document is missing or the court fee is insufficient, they will not register the case immediately. You’ll be given a chance to rectify the defect (called curing the defect) and re-file. It’s important to address any such objections promptly to avoid delays or dismissal of the filing.
Limitation Check: Courts also ensure that the suit is filed within the limitation period (the legal deadline for filing, which varies by case type – often 3 years for most contract and property disputes from the date of cause of action). If a suit is filed late, the plaint should include a section explaining the delay and a request to condone (forgive) the delay, otherwise the suit can be dismissed as time-barred. Your lawyer will take care of this if applicable.

Once filed and numbered, your case is now officially “instituted.” The next step is for the court to take cognizance and notify the defendant.

Step 4: Court Issues Summons to the Defendant

After your suit is filed and admitted by the court registry, the court will issue a summons to the defendant. A summons is an official court notice to the person being sued, informing them that a case has been filed against them and instructing them to appear in court and/or file a response. Here’s how this works in Haryana’s context:

Preparation of Summons: The court office prepares the summons document, which includes details like the case number, names of parties, the court’s name, and the next date of hearing (the date the defendant is required to appear or respond by). A copy of your plaint is usually annexed or accompanies the summons so the defendant knows the details of the claims.
Service of Summons:
The summons then needs to be served (delivered) to the defendant. Service can be done through various modes:
- Court process server – A court official or bailiff delivers it to the defendant’s address.
- Registered post or courier – In many cases, courts also direct summons to be sent via registered mail (often with acknowledgment due) to the defendant’s last known address.
- Email or fax – Recently, some courts allow electronic service (particularly if physical service fails and electronic means are available, or in commercial cases).
- Public notification – If the defendant’s whereabouts are unknown or they’re evading service, the court can allow service by newspaper publication (usually as a last resort).
As the plaintiff, you may be asked to help facilitate service – e.g., provide multiple copies of the plaint, correct address details, etc., and sometimes pay a small process fee for service. Always double-check that you gave the right address for the defendant to avoid delays.
Timeline: Courts aim to issue the summons within 30 days of filing the suit.In practice, it might take some time to actually reach the defendant, but there is an expectation that summons should go out quickly so the case can proceed. Haryana courts follow the CPC guidelines for this timeline.
Next Hearing Date: The first hearing (often called “return of summons” date) will be set – typically a few weeks out – to give time for the summons to be served and for the defendant to prepare a reply.
What it Means for You: Once summons is issued, you must wait for the defendant’s response. On the date given by the court, either the defendant (or their lawyer) will show up, or if they don’t, the court will check if the summons was properly served.
If Defendant Evades or Is Not Found: If the summons does not reach the defendant (for example, wrong address or the defendant is deliberately avoiding receipt), the court can order alternate service methods (like publication in a newspaper, as mentioned). This might require an application from your side to the court showing that normal service failed.

Consequences of Summons: The summons is a crucial document because it brings the defendant into the process. Once served, the defendant is legally expected to appear or respond. If the defendant ignores the summons or fails to appear in court, the court may proceed ex parte – meaning the case goes on without the defendant and could be decided in the plaintiff’s favor by defaultacmlegal.org. (We’ll discuss ex-parte outcomes later, but essentially, ignoring a summons is very risky for the defendant.)

In summary, at this stage your main task is ensuring the summons is properly served. Keep in touch with the court process server via your lawyer to confirm whether the defendant has received the summons.

Step 5: Defendant’s Appearance and Written Statement

Once the defendant is served with the summons, the ball is in their court (no pun intended). The defendant must take certain actions within the prescribed time:

Appearance: On the date specified in the summons (the first hearing date), the defendant or their lawyer should appear before the court. In Haryana’s courts, as in others, the first hearing is often just to mark the appearance and give further directions. If the defendant fails to show up despite proper service of summons, the court may proceed ex parte (meaning it may eventually hear the case without the defendant and potentially grant you relief without their participation).. However, usually the court gives some allowance or a second chance if there’s any uncertainty about service. If the defendant appears and asks for time to hire a lawyer or prepare their response, the court may grant a short adjournment.
Written Statement (WS): The written statement is the defendant’s reply to your plaint. In it, the defendant will address each of your allegations, either admitting, denying, or claiming no knowledge of them. They can also raise any defenses or legal objections. According to the CPC, the defendant is expected to file the written statement within 30 days of receiving the summons.The court can extend this period, but usually not beyond 90 days in total (extensions are at the judge’s discretion and require showing valid reasons for delay).
What the written statement contains:
- Point-by-point reply: The WS usually replies to every paragraph of your plaint. For each fact you asserted, the defendant will state whether they admit it, deny it, or avoid it. Any fact not denied may be deemed admitted, so defendants typically deny anything they don’t explicitly admit.
- Defenses: The defendant can state legal defenses. For example, they might claim the suit is barred by limitation (filed too late) or that the court lacks jurisdiction, or that there was no valid cause of action. These are often listed as preliminary objections in the WS.
- Counter-claim or Set-off (if any): If the defendant has a claim against you arising from the same matter, they can file a counter-claim in the same proceeding. For instance, if you sued them for non-payment, they might counter-claim that you actually owe them money for some reason. A counter-claim is like a cross-suit within the same case, and you’ll have to reply to it. Alternatively, they might claim a set-off (adjusting any amount you claimed with an amount they claim you owe them). Not all cases have counter-claims, but the option exists.
- Verification: Similar to the plaint, the WS is verified and signed by the defendant.

Filing of WS: The defendant (or their lawyer) will file the written statement in court and provide you a copy. This typically happens on the second hearing or a date fixed by the judge. If they don’t file it by the allowed timeframe, you can request the court to close their opportunity to file and proceed with the case. However, courts often give some leeway unless the delay is egregious.

Replication (Plaintiff’s reply): In some cases, after receiving the written statement, the plaintiff may file a replication (also called rejoinder). A replication is a reply to the defendant’s new facts or defenses raised in the WS. It’s not mandatory in every case; it’s usually filed if the defendant’s WS raised new issues that need clarification or rebuttal. If you do file a replication, it should be limited to answering those new points, not repeating the plaint. The replication further cements the pleadings and once it’s filed (if at all), the pleadings are considered complete.

At this stage, the court has the pleadings from both sides: plaint, WS (and replication if any). The issues between the parties are now crystallized on paper. If any preliminary issues (like jurisdiction or limitation) were raised by the defendant, the court might decide those first or frame them as issues to be addressed in trial.

Note: The period of exchange of pleadings is crucial. Make sure you (through your lawyer) carefully examine the defendant’s written statement. Identify which facts are admitted (those won’t need proof) and which are denied (those will need to be proved through evidence). Also, check for any technical objections raised and be prepared to counter them legally in the next stage.

(Side tip: If the defendant does not respond at all, even after multiple opportunities, you can move the court for an ex parte proceeding. The court may then skip directly to the evidence stage for the plaintiff. An ex parte decision is one-sided, based only on your evidence, because the defendant chose not to participate.)

Step 6: Interlocutory Proceedings (Interim Relief, if needed)

While the pleadings are being filed or even after, either party may find it necessary to ask the court for some interim orders before the final judgment. These are handled through interlocutory applications (IAs) and can happen at various points in the suit. Although not every case involves interim applications, many do, especially if urgent matters are at stake. Here’s what this means:

What are Interlocutory Proceedings? They are essentially temporary orders or directions sought from the court to protect a party’s interest while the suit is pending.The final decision of the case might be years away, so interim relief ensures that the situation doesn’t worsen or become unfair to one side in the meantime.
Common Types of Interim Relief:
- Injunctions: The most typical example. You might ask the court for a temporary injunction order to restrain the defendant from doing something that could cause you irreparable harm. For example, in a property dispute, you (as plaintiff) might request an injunction preventing the defendant from selling or altering the property until the suit is decided. Courts can grant a status quo order or specifically restrain an action.if you show a strong prima facie case and risk of irreparable harm.
- Attachment Before Judgment: In cases involving money recovery, you might seek to attach the defendant’s assets before judgment if you fear they’ll disappear or dispose of them to frustrate your recovery.
- Appointment of Receiver: In disputes over property or businesses, a receiver (neutral third party) can be appointed by the court to manage the asset during the trial.
- Interim Maintenance or Expenses: In family or rent cases, one might seek interim monetary relief (e.g., maintenance in a matrimonial dispute).
- Others: There are various applications like for discovery of documents (if one side is hiding something), commission for local inspection, etc., which are ancillary to the main proceeding.
Process: To get interim relief, your lawyer files a separate application (often with an affidavit of facts) along with the suit or anytime during the case. The court will hear both parties on this application relatively early. Evidence for interim stage is usually by affidavits. The court then passes an order granting or denying the interim relief, which remains in effect until the final judgment or until changed by the court.
Impact: Interlocutory orders do not decide the final outcome of the suit; they only manage the situation temporarily. However, they can be critically important. For instance, getting an early injunction can prevent property from being sold off, which means if you eventually win, you have something to enforce your decree against. If you lose an interim application, you can sometimes appeal that order separately, but that’s another layer of litigation.

In the Haryana courts, as elsewhere, judges often encourage parties to consider settlement or mediation especially at the stage after pleadings and before trial. Sometimes, after dealing with any interim applications, the court may refer the matter to mediation (under Section 89 CPC and mediation rules) to see if a compromise can be reached without a trial. This can happen at this juncture (or any later stage too). It’s worth being open to alternative dispute resolution – if a mediated settlement is possible, it can save a lot of time and expense.

Assuming no settlement is reached (or the case is not withdrawn), the suit proceeds to the next major phase: preparing for trial.

Step 7: Framing of Issues by the Court

With all pleadings on record and any urgent interim matters addressed, the court will move to frame the issues for trial. Issues are the key questions of fact and law that the court needs to decide in order to resolve the dispute. Framing issues is a critical step because it defines the roadmap for the trial.

How Issues are Framed: The judge reviews the plaint, written statement, and replication (if any) to identify what points are in dispute. For each material allegation that is denied, or each legal question arising, an issue is framed. Issues typically are phrased as questions. For example:
- “Whether the defendant breached the contract dated 01-01-2023 as alleged by the plaintiff?”
- “Whether the suit is barred by limitation?”
- “Whether the plaintiff is entitled to the relief of injunction as prayed for?”
The court may ask lawyers of both sides to submit what issues they propose, and then finalize the list. The goal is to cover every matter that must be decided to dispose of the case.
Types of Issues: Issues can be factual (e.g., did something happen or not) or legal (e.g., does a certain law or limitation bar the claim). Sometimes issues are categorized as preliminary (to be decided first, like jurisdiction) and others as general issues for trial.
Record of Issues: Once settled, the judge will dictate or pass an order listing all the issues. This becomes part of the record. Each issue will eventually be answered in the judgment as either proved or not proved, yes or no.
Why it Matters: The trial will be limited to these issues. No new contentions outside these issues are supposed to be raised later. For you as a plaintiff, it’s important to ensure that all the points you need addressed are captured in the issues. If you think the judge missed something critical, you can respectfully request additional issues at this stage. Conversely, if you think an issue is irrelevant or incorrectly framed, you can object. Getting the issues right means the trial will stay focused.

In summary, framing of issues is like the court and parties agreeing on what the debate/topics of the trial will be. In a simple case, there might be just a few issues; in a complex case, there could be many. For instance, in a simple suit for unpaid rent, issues might be: (1) Did defendant fail to pay rent for period X to Y? (2) If so, how much is due? (3) Is plaintiff entitled to eviction of defendant (if that’s sought)? (4) Relief. In a complicated suit, say a multifaceted property dispute, issues could include validity of documents, conduct of parties, legal objections, etc.

Once issues are framed, we enter the evidence stage of the case.

Step 8: Evidence Stage – Filing Documents and Examining Witnesses

Now comes the heart of the trial – the stage where both parties present evidence to prove their side of the story. In civil cases, the burden is on the plaintiff to prove their claims (and on the defendant to prove any specific defenses or counterclaims they have raised). The evidence stage can be broken into sub-parts: documentary evidence submission, and oral evidence through witnesses. Let’s go through them:

a. Filing of Documents: Both parties would have ideally already annexed copies of key documents with their pleadings. However, during the evidence stage, those documents have to be formally tendered and exhibited as evidence:

The court typically gives an opportunity to the plaintiff first to file any additional documents (that were not filed earlier with the plaint) that are relevant to the issues. After that, the defendant may file further documents in rebuttal.
All documents must be authenticated/proved through whoever made them or knows them, in the witness stage. But first, they need to be on record.
If you have any new evidence that came to light or something you didn’t file earlier, you generally need the court’s permission (showing why it wasn’t filed before) to submit it at this stage.
Parties might also file a “list of reliance documents” and number them as exhibits for identification.

b. Inspection and Discovery: Before witness examination, there is often a chance for each party to inspect the opponent’s documents on record.If either side believes the other is withholding some document that’s crucial, they can apply to the court for discovery (forcing the other side to disclose it) or inspection (to be allowed to inspect something not filed). The court can compel parties to produce documents that are relevant and in their possession.In practice, extensive discovery is less common in Indian courts compared to, say, the U.S., but the provisions exist.

c. Admission/Denial of Documents: The court may also ask each side to admit or deny the authenticity of the documents presented by the other. Admitted documents can be read in evidence straightaway; denied ones will require proof.

d. Witness Examination: This is the live testimony part:

Plaintiff’s Evidence: As the plaintiff, you present your evidence first. You will likely be a witness yourself (as you have first-hand knowledge of the facts) and any other supporting witnesses who can testify to facts in your favor. Each witness, including you, will provide testimony in two steps:
1. Examination-in-Chief: The witness’s own lawyer poses questions to elicit the witness’s story or the witness may submit a written witness statement or affidavit (nowadays, affidavits in lieu of chief examination are common in civil cases). In chief, the witness will affirm the facts of the case, identify the documents (the lawyer will ask, e.g., “Is this the contract signed by you and the defendant on X date?”), and basically put on record all supportive facts. Leading questions (suggesting the answer) aren’t allowed by the witness’s own lawyer in this phase.
2. Cross-Examination: After that, the opposing lawyer cross-examines the witness. In cross-examination, the defendant’s lawyer will question the witness to test their credibility, find inconsistencies, or get admissions that favor the defense. This can be a rigorous process. The witness must answer truthfully. Cross-exam can range from a few minutes to several sessions for key witnesses.
3. (Re-examination: If needed, after cross, the original lawyer can ask a few clarifying questions to address any confusion from cross.)

This process repeats for each witness in support of the plaintiff. For example, if you have two eyewitnesses and a handwriting expert, each will undergo chief and cross.

Exhibiting Documents: During witness examination, documents are formally exhibited – which means a document is proved through a witness and given an exhibit number. For instance, you as plaintiff might say “This is the contract signed by both parties,” and once the court and the other side have no objection (or after addressing objections), it’s marked as Exhibit P-1. Only once a document is exhibited does it truly become part of evidence. Documents admitted by the other side can often be exhibited without a supporting witness.
Defendant’s Evidence: After the plaintiff’s side is done with all their witnesses, the defendant gets a turn to present witnesses and evidence to support their defense or counterclaim. The defendant’s witnesses undergo the same process: chief examination by defendant’s lawyer, then cross-examination by your (plaintiff’s) lawyer. They will try to prove any affirmative defenses or just cast doubt on your case.
Throughout this, the judge ensures the questions and evidence stay relevant to the issues. If a question is irrelevant or improper, lawyers can object (“objection, irrelevant / hearsay / leading,” etc.) and the judge rules to allow or disallow it.
Recording of Evidence: In Haryana’s courts, evidence is recorded either by the judge writing it down, by a typist, or even digitally in some courts. Every answer is recorded. Later, the written record is what matters.
Closure of Evidence: After both sides have had full opportunity to present evidence, the court declares the evidence stage closed. At this point, the factual record is set. No new evidence can be introduced beyond this (unless exceptionally allowed, which is rare).

This stage is often the longest in the entire process, because scheduling witnesses and completing cross-examinations can take many hearings over months. It’s crucial to be organized: ensure your witnesses come to court on the given dates, and all your documents are in order. If a witness, like a government official, is needed to prove a document, the court can issue summons to that witness as well.

Step 9: Final Arguments

After evidence is complete, the case enters the final argument (or final hearing) stage. This is where lawyers for both sides (or the parties, if self-represented) summarize the case, cite relevant laws and judgments, and attempt to persuade the judge to rule in their favor. Think of it as the closing statements in a trial, akin to each side making its case one last time based on the evidence on record.

Preparation for Arguments: Lawyers will usually prepare written notes of arguments and also make oral submissions. At this stage, it’s all about interpreting the evidence presented and applying the law:
- They will highlight supporting evidence from the record (e.g., “Witness PW1 (plaintiff) testified that the defendant signed the contract and this was not challenged in cross-exam, therefore it’s proved”).
- They will also point out weaknesses in the opponent’s evidence (e.g., “Defendant’s key witness contradicted himself, so his testimony shouldn’t be trusted”).
- Legal points will be raised: references to sections of law or past judicial precedents (cases decided by higher courts) that favor their side. For example, if one issue is whether a notice was valid, they might cite a Supreme Court ruling on notice requirements.
Order of Speaking: Typically, the plaintiff’s side argues first, since the burden is on them. Then the defendant argues their side. Then often the plaintiff is given a brief rebuttal opportunity to answer any new points raised by the defendant (but not to introduce new arguments unrelated to what defendant said).
Judge’s Questions: During arguments, the judge may ask questions for clarification. It’s a good sign the judge is engaged with the details of the case. The lawyers must address the judge’s queries, which often indicate what points are key in the judge’s mind.
Written Arguments: In complex cases, courts may ask for written arguments to be submitted by both sides in addition to oral submissions. This helps the judge go through the points later. Even if not asked, lawyers sometimes voluntarily submit a “brief of arguments” or written synopsis of their points with page references to evidence, etc. This can be helpful in ensuring the judge doesn’t miss anything important from your perspective.

For a layperson, if you are handling the case yourself, final arguments are your chance to clearly and systematically tell the judge why the evidence supports your claims and how the law applies. It’s important to stay focused on the issues framed and address each one: what evidence was given for that issue and why it should be decided in your favor.

This stage is generally shorter than evidence. It could be concluded in a single long hearing or a couple of hearings, depending on the complexity. After hearing both sides, the court will reserve the matter for judgment – meaning the judge will take some time (days or weeks usually) to deliberate and write the judgment.

Step 10: Judgment and Decree, and Post-Judgment Options (Appeal or Execution)

Finally, the moment arrives for the court to pronounce the judgment. The judgment is the judge’s decision on the case, which answers all the issues that were framed, and decides whether the plaintiff’s claim is allowed or dismissed (in whole or part). Along with the judgment, the court will prepare a decree, which is the formal order of the court detailing the rights and obligations of the parties (e.g. “the suit is decreed with costs, and the defendant is ordered to pay ₹5,00,000 to the plaintiff with interest at 6% per annum…” or whatever the relief may be).

Here’s what to expect and do after judgment:

Execution of Decree: If the defendant complies with the judgment (e.g., pays the money, or vacates a property as ordered, etc.), then the matter ends. If they do not comply, you will have to file an execution petition in the same court to enforce the decree

Judgment Announcement: The judgment is often read out in open court on the date given by the judge. In many cases nowadays, the written judgment may be made available directly, and the operative part (who won, who lost, what relief is granted) is stated in court. Ensure either you or your lawyer is present to note the outcome. You can get a certified copy of the full judgment and decree from the court office, which is important for next steps.
If You (Plaintiff) Win: Congratulations, if you’ve won! The judgment might award you the relief you sought (in full or partially). For example, the court may order the defendant to pay you a sum of money, or grant an injunction in your favor (like stopping the defendant from an act), or declare you the rightful owner of a property, etc. The decree is the official proof of this outcome. However, winning a case is sometimes only half the battle – you then need to enforce the decree:
- Execution of Decree: If the defendant complies with the judgment (e.g., pays the money, or vacates a property as ordered, etc.), then the matter ends. If they do not comply, you will have to file an execution petition in the same court to enforce the decree.In execution, the court can take measures like attaching the defendant’s property, auctioning assets, or other enforcement actions to ensure the decree is satisfied. In Haryana, the civil courts handle execution proceedings for their decrees (and sometimes a decree from a higher court can be sent to a lower court for execution if needed).
- Interests & Costs: Many judgments award interest on money decrees (e.g., interest from the date of suit until payment) and also costs (some compensation for legal fees, etc.). These become part of what you can claim in execution.
If You Lose: If the judgment is not in your favor – either the suit is dismissed or you didn’t get the full relief – you have the option to challenge it:
Settlement after Judgment: Sometimes parties choose to settle even after judgment, especially if an appeal is filed – e.g., the losing party might agree to pay a lesser amount in exchange for not dragging the case further. That’s up to the parties.
Closure: If no appeal is filed within the limitation period, or after all appeals are exhausted, the judgment becomes final. At that point, the civil suit process truly comes to an end (except for execution steps if needed).
Throughout the entire journey of a civil suit in Haryana, keep in mind the importance of staying organized and proactive. Always note down your next hearing dates, comply with any court directions (e.g., to file something by a deadline), and maintain communication with your lawyer. The courts follow the procedure, but the onus is also on the parties to move the case forward diligently.

Tips for Navigating a Civil Suit Smoothly

Litigation can be a marathon, not a sprint. Here are some practical tips to handle the process wisely and improve your prospects:

Stay Organized and Keep Records: Maintain a file of all documents related to your case – correspondence, contracts, receipts, notices, court papers, etc. Document everything that happens (even phone conversations or meetings related to the dispute). These records can be invaluable evidence or help you recall details when needed
Meet Deadlines and Attend Hearings: Courts in Haryana, like elsewhere, often give dates for specific actions (filing WS by X date, etc.). Missing a deadline or a hearing can delay your case or even weaken it (for example, if you don’t file your evidence on time, the court might close your evidence). Be punctual in all filings and always attend (or have your lawyer attend) each hearing. If an unforeseen conflict arises, inform your lawyer so they can request an adjournment in advance.
Be Truthful and Consistent: Honesty is crucial. Don’t exaggerate or fabricate facts – it can backfire badly if caught in cross-examination. Courts value consistency and credibility. If you’ve been truthful, stick to your story confidently throughout
Maintain Clear Communication with Your Lawyer: Ensure you and your lawyer are on the same page. Discuss the strategy, understand the reasons behind each step, and inform them of any new developments immediately (e.g., if the other party contacts you to negotiate, or if you find a new piece of evidence). A good lawyer-client collaboration can significantly affect the outcome
Respect Court Etiquette: Dress appropriately for court appearances (usually formal attire). Address the judge as “Your Honor” or “Sir/Madam.” Be polite, do not interrupt the judge or the opposing counsel improperly, and remain calm even if the opposing side makes allegations – you’ll get your turn to speak or your lawyer will address it. Making a good impression with respectful behavior can only help your case.
Consider Alternative Dispute Resolution: At any stage, if a settlement opportunity arises or the court suggests mediation, give it serious thought. If you can obtain a fair resolution out of court, it might save you time, money, and stress. Courts won’t force a settlement, but they do provide avenues (like the Mediation Centers attached to district courts). Settling doesn’t mean you were wrong – it often is a practical business decision. However, ensure any settlement is properly recorded (preferably as a written agreement) and brought on court record to avoid future disputes over the same matter.
Financial Preparedness: Be prepared for the costs. Aside from court fees, there are legal fees, incidental expenses (travel to court, obtaining documents, etc.). If you win, you might get some costs awarded, but those are usually only a fraction of actual expenses. If you cannot afford a lawyer, note that Legal Aid Services exist. Haryana has a State Legal Services Authority and District Legal Services Authorities which provide free legal aid to those who qualify (usually based on income or specific categories). Don’t hesitate to seek legal aid if needed – it’s your right.
Patience and Perseverance: As emphasized, civil cases can be lengthy. It’s easy to get frustrated with delays. However, try to be patient and use waiting periods productively (gather more evidence, refine your understanding of the case, etc.). Stay persistent – justice can take time, but courts do eventually decide cases and you will have your day in court.

By following these tips, you will be better equipped to handle the rigors of a civil suit. Remember that many litigants in Haryana have gone through the same process – you are not alone, and the system, while slow, is designed to reach a just conclusion based on evidence and law.

FAQs on Filing a Civil Suit in Haryana

What is a civil suit?
A civil suit is a legal action brought to resolve private disputes between individuals, organizations, or both, seeking remedies like compensation, injunctions, or declarations.
What types of disputes can be filed as a civil suit?
Property disputes, contract breaches, recovery of money, rent matters, injunctions, family issues, etc.
Which law governs civil suits in Haryana?
The Code of Civil Procedure, 1908 (CPC) governs civil suits in Haryana.
Where can I file a civil suit in Haryana?
In the civil court of the district where the cause of action arose or where the defendant resides or works.
What is a plaint?
A plaint is the written complaint or petition filed by the plaintiff to initiate a civil suit.
Who is a plaintiff and who is a defendant?
The plaintiff is the person filing the suit; the defendant is the person against whom the suit is filed.
Is sending a legal notice mandatory before filing a suit?
Not always, but it’s advisable. In some cases (like suing the government), it’s mandatory.
Can I file a civil suit without a lawyer?
Yes, you can represent yourself, but having a lawyer is strongly recommended due to procedural complexities.
What documents are needed to file a civil suit?
Plaint, supporting documents (contracts, proof of payment, etc.), ID proof, and court fee receipts.
What is jurisdiction in civil cases?
It refers to the authority of a court to hear a particular case, based on location, subject, and monetary value.
How do I know which court has jurisdiction over my case?
Consult a lawyer or check where the cause of action arose or where the defendant resides.
How much court fee do I have to pay?
It depends on the claim amount and type of suit; the Court Fees Act and local rules apply.
What is a Vakalatnama?
A document authorizing a lawyer to represent a party in court.
Can I sue the government or a public department?
Yes, but a 2-month prior notice under Section 80 CPC is mandatory.
What happens after I file the plaint?
The court issues summons to the defendant to appear and respond.
What is a summons?
A legal notice issued by the court to the defendant to respond to the plaint.
How is the summons served to the defendant?
By process server, registered post, or publication in a newspaper if necessary.
What if the defendant doesn’t respond to the summons?
The court may proceed ex parte (without the defendant).
What is a written statement?
It is the defendant’s reply to the plaint.
Within how many days must the written statement be filed?
Usually within 30 days of receiving the summons, extendable up to 90 days.
What is a replication?
It is the plaintiff’s reply to the defendant’s written statement, if needed.
What are interim reliefs?
Temporary court orders (like injunctions) during the pendency of the suit.
Can I stop someone from selling a property during a suit?
Yes, through an interim injunction from the court.
What is the next step after pleadings?
Framing of issues by the court.
What are issues in a civil suit?
Key questions of fact and law that the court must decide.
Who has the burden of proof in a civil case?
Primarily the plaintiff, to prove the claims made.
What is the evidence stage?
The stage where both sides present documents and witness testimony.
What is cross-examination?
Questioning of a witness by the opposing party to test credibility.
Can I introduce new documents later in the trial?
Only with court permission and a valid reason for the delay.
What happens after the evidence stage?
Final arguments are presented by both parties.
What is a judgment?
The written decision of the court on the issues framed.
What is a decree?
The formal expression of the judgment, enforceable by law.
What if the other party doesn’t obey the decree?
You can file an execution petition to enforce it.
What is an execution petition?
An application to the court to implement its decree.
Can I appeal the judgment?
Yes, within the prescribed time (usually 30 days).
Where is the appeal filed?
In the higher court (District Court or High Court, depending on the original court).
What if I miss the appeal deadline?
You can file for condonation of delay with valid reasons.
Can a case be settled during the trial?
Yes, anytime before the final judgment.
Can the court refer the case for mediation?
Yes, courts often suggest mediation under Section 89 CPC.
Is mediation binding?
Yes, once both parties agree and the court records it.
What are costs in a civil suit?
Legal expenses awarded to the winning party, partially or fully.
What is an ex parte decree?
A decree passed when the defendant doesn’t appear or contest.
Can an ex parte decree be challenged?
Yes, the defendant can apply to set it aside with reasons.
Can I file the case in English?
Yes, though in Haryana, Hindi is generally preferred in lower courts.
Can a civil case be reopened after it is dismissed?
Only if reviewed or appealed successfully.
What if I filed in the wrong court?
The case may be returned or transferred to the appropriate court.
Are court proceedings public in civil cases?
Yes, usually, unless ordered otherwise in sensitive matters.
How long does a civil case usually take in Haryana?
Anywhere from a few months to several years, depending on complexity and backlog.
Can I get free legal help?
Yes, if eligible, through the District Legal Services Authority (DLSA).
Is it necessary to attend all court hearings?
Yes, either you or your lawyer must attend to avoid adverse orders.