Practice note

Civil Litigation: Suits, Injunctions and Specific Performance

Civil proceedings are governed principally by the Code of Civil Procedure, 1908, read with the Specific Relief Act, 1963 and the Limitation Act, 1963. Where the dispute is a “commercial dispute” of the specified value under the Commercial Courts Act, 2015, the stricter timelines of that Act and the requirement of pre-institution mediation apply.

Statement of law as on 19 October 2026Lex Meridian · Advocates & Legal Consultants

In brief

Limitation is examined first: most suits for recovery of money or on contract must be instituted within three years (Limitation Act, 1963, Articles 55 and 113 of the Schedule).
For a commercial dispute that does not contemplate urgent interim relief, pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory.
Interim protection, such as temporary injunction, attachment before judgment or appointment of a receiver, is sought under Orders XXXVIII, XXXIX and XL CPC.
Since the amendment of 2018, specific performance of a contract is granted as the rule and not as a matter of discretion (Section 10, Specific Relief Act, 1963).

Governing law

Code of Civil Procedure, 1908: Section 9 (jurisdiction); Order VII Rule 11 (rejection of plaint); Order VIII (written statement); Order XXXVII (summary suits); Orders XXXVIII to XL (interim measures); Section 96 and Order XLI (first appeals).
Specific Relief Act, 1963 (as amended by Act 18 of 2018): Sections 10, 16 and 20 (specific performance and substituted performance); Sections 34 and 36 to 42 (declaration and injunction).
Commercial Courts Act, 2015: Section 12A (pre-institution mediation); Order VIII Rule 1 as applicable to commercial suits (outer limit of 120 days for the written statement); Section 13 (appeals).
Limitation Act, 1963: Sections 3, 5, 14 and 18; Articles 55, 58, 65 and 113 of the Schedule.
Bharatiya Sakshya Adhiniyam, 2023: Proof of documents and electronic records, including the certificate required for electronic evidence (Section 63).

How the matter is handled

Stage	Steps taken	Indicative time
1. Case assessment	Examination of documents, cause of action, limitation, pecuniary and territorial jurisdiction, and whether the dispute is a commercial dispute.	First consultation
2. Pre-litigation	Legal notice and, where applicable, pre-institution mediation under Section 12A of the Commercial Courts Act.	15 days to 3 months
3. Institution	Plaint with statement of truth, documents and court fee; application for temporary injunction under Order XXXIX Rules 1 and 2 CPC where urgent.	Filing and first hearing
4. Pleadings and evidence	Written statement, replication, admission and denial of documents, framing of issues, examination and cross-examination of witnesses.	Depends on the court
5. Decree and execution	Final arguments, judgment and decree; execution under Order XXI CPC, or appeal under Section 96 CPC.	Depends on the court

Leading judicial authorities

Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd.
(2022) 10 SCC 1
Pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory; a suit instituted without it, where no urgent interim relief is contemplated, is liable to be rejected under Order VII Rule 11 CPC, with effect from 20 August 2022.
SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd.
(2019) 12 SCC 210
In commercial suits, a written statement cannot be taken on record after the outer limit of 120 days from service of summons.
Dalpat Kumar v. Prahlad Singh
(1992) 1 SCC 719
A temporary injunction requires a prima facie case, a balance of convenience in favour of the applicant, and irreparable injury not compensable in damages.
Wander Ltd. v. Antox India Pvt. Ltd.
1990 Supp SCC 727
An appellate court will not substitute its own discretion for that of the trial court on an interlocutory injunction unless that discretion was exercised arbitrarily, capriciously or perversely.
Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd.
(2023) 1 SCC 355
The 2018 amendments to the Specific Relief Act, 1963 are substantive and operate prospectively; they do not govern transactions concluded before 1 October 2018.

Latest judgments & updates

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Recent judgments of the Supreme Court, the High Courts and tribunals, and court reports, concerning Civil Litigation. Updated automatically through the day.

Documents to keep ready

Agreement, invoices, ledger and correspondence evidencing the transaction
Title documents and revenue records, for immovable property
Notices exchanged and proof of their service
Board resolution or authority letter, for companies and firms

Frequently asked questions

What is the limitation period for a suit for recovery of money?

Ordinarily three years from the date on which the cause of action arises, under the relevant Article of the Schedule to the Limitation Act, 1963. An acknowledgment of liability in writing, signed before the period expires, gives a fresh period of limitation under Section 18.

When does a summary suit lie?

A suit under Order XXXVII CPC lies on bills of exchange, hundis and promissory notes, and for recovery of a debt or liquidated demand arising on a written contract. The defendant must obtain leave of the court to defend.

This note states the law in general terms as on 19 October 2026. It is not legal advice and does not create an advocate–client relationship. Judgments are summarised for reference and should be read in full from the official reports; the facts of each matter may alter the position.