What is Civil Law ?
The law which seeks to resolve
non-criminal disputes such as
disagreement over the meaning of
contracts, property ownership, family
disputes namely divorce & child custody
etc., and damages for personal and
property damage is called civil law. A
civil Court is a place where people can
solve their problems with people
peacefully. The function of civil law is
to provide a legal remedy to solve
problems. In India the civil law and the
litigations arising thereof are governed
under well settled different provisions,
order and rules of Code of Civil
Procedure besides various civil laws and
enactments with their amendments from
time to time passed by the Parliament of
India. In most of the civil disputes the
litigations were followed under the
guided and well settled principle of the
Code of Civil Procedure. Unless there is
any specific law for any kind of
disputes and their own procedures, the
procedures prescribed under the Code of
Civil Procedure are followed in all most
all the civil disputes / litigations in
India except the state of Jammu Kashmir.
Types of Civil Cases :
In India the litigations and the civil
cases includes the following amongst
other cases such as : Civil Suits
(Recovery, Partition, Injunction,
Declaration, Specific Performance etc.)
Consumer Cases, Service Laws, Cases
under the Companies Act, Labour Laws,
Industrial Disputes, Family Laws
including laws under the Hindu Laws and
marital disputes etc.
Clients / Litigants
approach:
In the civil litigation / cases our
clients often approach us for drafting,
settling and finalizing Plaint, Written
Statement, Applications, Replication,
Reply to the Applications etc. besides
preparation of list of documents, List
of reliance, List of witnesses and
different types of applications under
different provisions of laws. Clients
also approach us for filing and
representing them before the court laws
and often approach for Trial / Evidence
works which includes drafting,
finalizing and preparing affidavits,
examination in chief, cross examination,
re examination and examination in the
rebuttal. The clients also approach us
for arguments in the applications, reply
and in the Main case / final arguments.
We believe :
Clients often win / loose the litigation
because of the good / inexperienced
professional services rendered by their
counsels. Prasant & Partners having
conducted good number of trial works
successfully and efficiently believes
providing the best of their trial works
to its clients. The legal professionals
in Prasant & Partners often sit with
their client and discussed the matter at
length with case history so that nothing
goes out of the hand during the
successful trial of any litigation.
Our Advice to the
litigants :
The client must ensure doubly what is
being written in their pleadings and the
correctness thereof before signing and
filing the same in the Court. The client
must ask the legal provisions under
which they have approached the Court
with certain research materials (if any)
thereto so that the client is equally
aware as to what would be the probable
fate in their case. Nothing stands as a
guarantee in any litigation / case which
are decided only based on the laws,
facts and the evidence available before
the Hon’ble Courts. It is a hard fact
that nothing of miracle can be made by
any lawyer in any case. The duty of a
lawyer in any litigation is just to make
the Petition / Case properly presentable
and further to represent the case in a
professional manner and to assist the
Court procedurally. The lawyers are the
officers of the court and they are there
just to assist the Hon’ble Court in a
proper, legal and rightful manner.
Therefore, a person who guarantees for
any relief / order from any court of law
must be termed as befooling such client
just to get the brief from them. While
appointing a lawyer one must be very
careful and have some knowledge about
the lawyer, so that they will not repent
in any future misdeeds / mis-happenings.
Accident / omissions / wrong thing
happens with every body, once a proper
lawyer is being appointed one must have
total faith on the said lawyer so that
the individual lawyer must be able to do
justice in such litigations. The client
once decided to hire any particular
lawyer, thereafter, one should not have
any kind of apprehension about that
lawyer. The client must ensure about the
professional charges to be paid by them
in any particular case. We understand
that one must avoid fixing the total
fees at one go; because in Prasant &
Partners we believe that people never
purchase the total rice or vegetables to
be consumed during their entire life
period.
