Author :Geeta Ashokrao Shinde, Manikchand Pahade law College Ch.Sambhajinagar
To the Point
Litigation is the process of taking legal action through a court of law to solve a problems . It involves the
Plaintiff initiating a lawsuit, the defendant responding, and a court ultimately delivering a judgment or
decree. Litigation may be civil , criminal , or administrative in nature.
Key Elements:
Jurisdiction : The power of the Judge in court to hear the case.
Cause of Action : The legal basis on which the plaintiff sues.
Pleadings : Formal documents of both party’s claims or defenses.
Trial : Hearing where evidence is presented.
Judgment : The final decision of the court.
Appeal : Higher court review if either party is aggrieved by the judgment.
Litigation is governed by codified procedures Code of Civil Procedure, 1908 (CPC) Criminal Procedure Code,
1973 (CrPC), and the Indian Evidence Act, 1872 in India. The Constitution, statutory laws, and precedents
further inform its substance.
Use of Legal Jargon
Understanding litigation necessitates fluency in legal terminology. Below are key terms commonly
encountered:
Plaintiff: The party initiating the lawsuit.
Defendant: The party being sued.
Jurisdiction: The power of Judge in court to hear a case.
Complaint: The document filed to start a lawsuit.
Summons / notice : A notice to the defendant to appear in court.
Evidence: Information presented to support claims.
Verdict: The final decision of the court.
The Proof
Steps in a Litigation Process.Litigation typically unfolds through a series of well-defined stages:
a. Pre-Litigation Stage
Legal Notice Often served under Section 80 CPC or other specific statutes.
Evidence Collection Documentary and testimonial.
Page 1 of 3 Consultation with Advocates.
b. Institution of Suit
Filing of plaint or complaint
Payment of court fees
Allotment of a case number
c. Pleadings & Written Statement
Defendant submits a written statement under Order VIII, Rule 1 CPC. Replication by plaintiff.
d. Framing of Issues
Court determines questions of fact and law under Order XIV CPC.
e. Trial
Examination-in-chief ,cross examination ,re-examination. Submission of affidavits , documents ,expert
opinions .
f. Final Arguments & Judgment
Abstract
Litigation is the cornerstone of dispute resolution within adversarial legal systems. As the formal process by
which individuals or entities enforce or defend legal rights in courts, litigation embodies complex procedures,
legal doctrines, and strategic maneuvers. This article explores the essence of litigation by breaking down its
procedural components, analyzing its necessity in a rule-of-law society, and assessing its evolving role
amidst alternative dispute resolution (ADR) mechanisms. It further draws upon key case laws, statutory
provisions, and jurisprudential insights to demystify litigation for both legal professionals and informed
laypersons.
Case Laws
Landmark Decisions in Litigation
1. K.K. Modi v. K.N. Modi & Ors., (1998) 3 SCC 573
Held that litigation initiated with mala fide intent or to harass is abuse of the process of law.
2. Union of India v. Ibrahim Uddin, (2012) 8 SCC 148
Highlighted the importance of leading evidence and production of documents, stating that courts cannot
travel beyond the pleadings.
3. T. Arivandandam v. T.V. Satyapal, (1977) 4 SCC 467
Directed courts to dismiss frivolous suits at the threshold if it appears vexatious.
4. Salem Advocate Bar Association v. Union of India, (2003) 1 SCC 49
Reiterated that procedural laws should not be treated as tools of oppression and emphasized case .
Litigation is more than just a process ; it reflects the rule of law ,access to justice , and fair adjudication . It is
rooted in indian justice principles — audi alteram partem (hear the other side) and nemo judex in causa sua
(no one should be a judge in his own cause).
Conclusion
Litigation remains an indispensable part of a functioning legal system, offering structured resolution of
conflicts through state-recognized mechanisms. Despite the rise of ADR methods, litigation is unmatched in
its ability to provide authoritative judgments, develop case law, and safeguard legal rights. However,
excessive delays, procedural complexity, and misuse of litigation warrant urgent judicial reforms, including
digitization, case management systems, and greater emphasis on mediation at pre-trial stages.
A just legal system is not only measured by the quality of its laws but also by the efficacy and fairness of its
litigation process .
FAQs
Q1. how litigation different from arbitration?
Litigation is court-based and public, governed by procedural laws, while arbitration is a private dispute
resolution method where parties appoint arbitrators and the process is less formal.
Q2.. Can a decision be appealed?
Yes, parties dissatisfied with a verdict can file an appeal to a higher court.
Q3. How long litigation usually take in India?
It varies. Civil suits may take 3-10 years , depending on complexity, backlog, and jurisdiction.
Q4. What are frivolous litigations and how are they discouraged?
Frivolous cases are baseless lawsuits. Courts may impose exemplary costs under Section 35A CPC to
discourage them.
Q5 . What role does evidence play in litigation?
Evidence supports the claims made by the parties and is crucial in influencing the court’s decision.
Q6 . Are there alternatives to litigation?
Yes, alternatives include arbitration and mediation, which can be less formal and quicker than traditional Litigation.
