Can I file civil case anywhere in India?

Asked by: Damion D'Amore  |  Last update: December 4, 2025
Score: 5/5 (71 votes)

Section 20 of Civil Procedure Code, 1908 (CPC) provides that for any suit, every plaintiff may file a suit in the court of law within whose local limits the defendant/opponent against whom claim arises voluntarily resides or carries on his business or is gainfully employed.

Can I file a civil suit anywhere in India?

d) where there is a dispute in busines, agreement or any kind of civil disputes except matermonial matter than the suit may be instituted either in a place where the defendant resides or carries on business or in a place where the cause of action has arisen, i.e where the dispute or wrong took place.

Can I file a court case anywhere in India?

Both Civil and Criminal cases can be filed before any High Court or District Court of the country. It is designed in Bilingual (English and local language) to reach wider group covering advocates/litigants. e-Filing system provides several benefits; Save time, money, travel of advocates and clients.

How do I file a civil case in India?

18 Stages of Civil Suit As Per Civil Procedure Code, 1908
  1. Presentation of plaint.
  2. Service of summons on defendant.
  3. Appearance of parties.
  4. Ex-parte Decree.
  5. Interlocutory Proceedings.
  6. Filing of written statement by defendant.
  7. Production of documents by parties (plaintiff and defendant)
  8. Examination of parties.

How do I file a civil suit in another state?

Generally, a lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose. In cases based on diversity of citizenship (when the plaintiff and defendant are residents of different states), the lawsuit may be filed in the jurisdiction where the plaintiff or the defendant resides.

Can we file case directly in the Supreme Court?

17 related questions found

How do I file a civil lawsuit without a lawyer?

You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.

Can someone sue you from another country?

It is sometimes possible to sue someone for disputes that occur overseas, but the legal feasibility and process can be complicated and depend on various factors including the nature of the dispute, the jurisdictions involved, the specific laws that apply, and the treaties or agreements between the countries in question ...

How much time does a civil case take in India?

The duration for resolving a civil suit in India can vary widely. Civil matters can take several months or several years.

How NRI can file a civil case in India?

Filing a Suit
  • An NRI can file a civil suit in India if:
  • They have a residence in India.
  • The cause of action arises within the jurisdiction of the court where the suit is filed.
  • They comply with the procedural requirements of the CPC and any specific laws relevant to the subject matter of the suit.

Can I file a case without a lawyer in India?

Section 32 of the Advocate's Act empowers you, the citizen, to appear before the court even if you're not an advocate. This means you can draft and submit your own petition, argue your case, and represent yourself throughout the legal proceedings. It's your right, granted by the law, to fight for your own justice.

Can I file a case in India from abroad?

As an NRI, you have the right to seek justice if you believe an offense has been committed against you in India. The legal avenues mentioned above provide you with various options for filing police complaints from abroad.

Can US citizens file case in India?

Yes you can, be it usa or any other country you can always file a civil case by virtue of explanation to s. 10 of civil procedure code,1908 which says that nothing precludes Indian courts from instituting a civil suit in an Indian court provided the parties and cause of action are same.

Can I file a case anywhere in India?

Can a criminal case be filed from anywhere? No, any case cannot be filed anywhere. You can file a private complaint before the court having jurisdiction. Means where the crime has been committed, that area will be coming under a Police station and that police station comes under a JMFC i.e. a court.

What are the six steps in a civil case?

Most civil lawsuits can be divided broadly into these stages:
  • Pre-filing stage. During this stage, the dispute arises and the parties gather information, try to negotiate a resolution, and prepare for the possibility of a court case. ...
  • Pleading stage. ...
  • Discovery stage. ...
  • Pre-trial stage. ...
  • Trial Stage. ...
  • Post-trial stage.

What is the limitation period for civil suits in India?

The limitation period is 10, 30, 60, or 90 days or 1, 3, or 12 years. Suits for which there is no prescribed period have a limitation period of three years (Article 113, Limitation Act).

Can you go abroad if you have civil case in India?

Subject to order of court there is no restriction to travel abroad. If there is no such order passed by the Court, therefore you may travel without any hesitation. It is further clarified that in case the employer demand your presence the same may be objected by your lawyer.

What is the NRI rule in India?

NRI status is determined based on the individual's physical presence in India during a financial year. In general, the Government of India defines an NRI as someone who meets any of the following criteria: An individual who has stayed in India for less than 182 days during the preceding financial year.

How to file a civil suit against someone in a different state?

If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers with the court by mail, but you'll have to follow the state's rules when serving the court papers on the defendant.

How to speed up a civil case in India?

Gather all relevant documents, evidence, and witnesses in advance. Organize your materials in a logical and accessible manner to facilitate quick reference during proceedings. Pleadings and Motions: File clear and concise pleadings, such as complaints or responses, that outline your claims or defenses.

How long does a civil case last?

The California Superior Courts aim to resolve such matters within three years of commencement but may take longer depending on the circumstances. By contrast, the courts aim to resolve small claims cases within 95 days of commencement.

What happens if you don t appear in court for a civil case in india?

WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.

Can you leave the country with a civil lawsuit?

Customs and Immigration will not know about the civil lawsuit, and it will have no effect on your ability to travel.

Can I sue someone in India?

All the offences against the property, the right to action is vested with the trustee or the assignee. But in the case of personal wrong, the person has a right to sue. In the situation, where a tort causes injury to both the person and the property, so the right of action will split between the two.

Can you press charges on someone in another country?

But certainly, if we're talking about more traditional crimes, such as assault, then the answer is no: an American who is beaten up by another American in Italy is not an issue for criminal courts in California or Texas, just as Texas doesn't prosecute California crimes, and vice versa.