Filing a civil case in Delhi begins with a plaint, but two things decide whether your suit survives its first hearing: whether you have filed in the right court, and whether you have paid the right court fee. Most guides skip both. This one explains the whole route — which Delhi court hears your matter, what the court fee actually is (and why Delhi's fee is lower than most people are told), the deadlines that can end a case before it starts, and how long the process really takes.
Reviewed by the litigation team at Kamal & Co Advocates, Barakhamba Road, New Delhi. This is general legal information, not advice on your specific matter — see our disclaimer.
How does filing a civil case in Delhi work?
A civil case in Delhi starts when you file a plaint under Order VII of the Code of Civil Procedure, 1908, in the court that has jurisdiction over the value and location of your dispute, along with the ad valorem court fee. The court then issues summons to the defendant, who files a written statement. Issues are framed, evidence is led by both sides, arguments are heard, and judgment follows. A straightforward suit typically runs two to four years.
Which court in Delhi will hear your case?
This is the first question to settle, and getting it wrong wastes months. Two rules apply together — pecuniary jurisdiction (how much your claim is worth) and territorial jurisdiction (where the cause of action arose or the defendant resides).
| Value of the claim | Where it is filed |
|---|---|
| Up to ₹20 lakh | Court of the Civil Judge, in the relevant district court complex |
| Above ₹20 lakh and up to ₹2 crore | District Judge, in the relevant district court complex |
| Above ₹2 crore | Delhi High Court, exercising its ordinary original civil jurisdiction |
| Commercial disputes of ₹3 lakh or more | The Commercial Court or Commercial Division, under the Commercial Courts Act, 2015 |
The ₹2 crore ceiling for the district courts was set in 2015, when it was raised from ₹20 lakh. A proposal to raise it again to ₹20 crore has been under active debate in Delhi through 2026, but it has not been enacted — until it is, ₹2 crore remains the line. Anyone telling you otherwise is describing a proposal, not the law.
Territorially, Delhi's district judiciary sits across seven complexes: Tis Hazari, Karkardooma, Rohini, Saket, Dwarka, Patiala House and Rouse Avenue. Which one hears your matter depends on the district in which the cause of action arose or the defendant resides — not on which is closest to your home.
Two things that can end your case before it starts
1. Limitation
Under the Limitation Act, 1963, most civil suits — recovery of money, breach of contract — must be filed within three years of the date the right to sue arose. Suits for possession of immovable property have longer periods. A suit filed even a day late can be dismissed as time-barred no matter how strong its merits, so the very first thing to establish is when your cause of action arose.
2. Pre-institution mediation, if your dispute is commercial
If your dispute is a "commercial dispute" of ₹3 lakh or more and you are not seeking urgent interim relief, you must attempt mediation before you file. Section 12A of the Commercial Courts Act, 2015 makes this mandatory, and the consequence of skipping it is severe: the plaint is liable to be rejected outright under Order VII Rule 11 CPC. The mediation must be completed within three months, extendable by two more with consent, and that time is excluded from limitation.
The exception — a suit that "contemplates urgent interim relief" — is narrower than litigants assume, and courts have repeatedly declined to treat a routine prayer for an injunction as a way around Section 12A.
Step 1 — Drafting and filing the plaint
The plaint is the foundation of the case, and Order VII CPC requires it to set out the facts constituting the cause of action and when it arose, the court's jurisdiction, the relief claimed, and the value of the suit for jurisdiction and court fees. It is filed with supporting documents, a list of witnesses, and a statement of truth.
Two practical points matter more than the drafting itself. First, documents you do not file with the plaint are difficult to introduce later — in commercial suits, nearly impossible. Second, the valuation you put on the suit determines both the court and the fee, so it cannot be chosen for convenience.
Step 2 — Court fees, and the Delhi rule most people get wrong
Court fee in Delhi is charged ad valorem — as a percentage of the value of the claim — under the Court-Fees Act, 1870. Not under the much steeper schedule the Delhi government tried to introduce in 2012.
In 2012 the Delhi legislature passed the Court Fees (Delhi Amendment) Act, which raised court fees roughly ten-fold. On 9 October 2013, a Division Bench of the Delhi High Court comprising Justice Gita Mittal and Justice J.R. Midha struck it down in Delhi High Court Bar Association v. Government of NCT of Delhi, holding in a 531-page judgment that the Delhi Assembly lacked the legislative competence to enact it and that the hike violated Articles 38 and 39A of the Constitution. The Bench held that the increase
disproportionately impacts the fundamental right of access to justice.
The Delhi government's appeal to the Supreme Court was dismissed on 12 November 2013, and the state was held liable to refund fees already collected under the struck-down schedule. The practical effect: the 1870 rates still govern, and Delhi's court fees are considerably lower than in several other states.
One caveat that cuts the other way. Unlike Maharashtra and some other states, the 1870 Act as it applies in Delhi has no maximum cap on court fee — it keeps rising with the value of the claim. For a high-value suit, the fee can be substantial, and it should be budgeted before filing rather than discovered at the filing counter. Because the slabs are stepped rather than a flat percentage, ask your advocate to compute the exact figure for your suit's valuation.
Step 3 — Summons and the written statement
Once the plaint is admitted, the court issues summons to the defendant. The defendant's deadline to file a written statement depends on what kind of suit it is, and the difference is decisive.
| Type of suit | Time to file written statement | Can the court extend it? |
|---|---|---|
| Ordinary civil suit | 30 days from service of summons, extendable up to 90 days | Yes — the Supreme Court has held this period to be directory, so a court may condone delay on terms |
| Commercial suit | 30 days, with an outer limit of 120 days | No — after 120 days the right is forfeited and the court cannot take the written statement on record |
If you are the defendant in a commercial suit, that 120-day limit is the single most important date in your file. It is a hard statutory bar, not a guideline, and missing it means defending the case without a written defence on record.
Step 4 — Framing of issues, evidence and arguments
Once pleadings are complete, the court frames the issues — the specific questions of fact and law it must decide. The case is then listed for evidence: each side files affidavits of evidence, witnesses are cross-examined, and documents are proved. Final arguments follow, and judgment is pronounced.
Between pleadings and evidence, most Delhi courts will refer the matter to mediation at least once even in non-commercial suits. This is worth taking seriously rather than treating as a formality — a settlement here saves years, and court fee is refundable where a suit is settled through court-annexed mediation.
How long does a civil case in Delhi actually take?
A straightforward civil suit in the Delhi district courts commonly takes two to four years to judgment; contested property and partition suits routinely take longer, and commercial suits are usually faster because their timelines are statutorily compressed. Appeals add years on top.
Anyone who promises a fixed timeline is guessing. What genuinely shortens a case is within your control: complete documents filed with the plaint, correct valuation and court, no avoidable adjournments, and a realistic view of settlement. You can check live pendency figures for any Delhi district court on the National Judicial Data Grid.
Common mistakes we see
- Undervaluing the suit to reduce court fee. The court can direct you to make good the deficiency, and the delay can push you past limitation.
- Filing in the wrong district complex because it is nearer, rather than where the cause of action arose.
- Skipping Section 12A mediation in a commercial dispute on the assumption that asking for an injunction is enough to avoid it.
- Holding documents back for tactical reasons, then being unable to introduce them.
- Waiting to see if the dispute resolves itself and losing the three-year limitation period.
Frequently asked questions
Can I file a civil case in Delhi without a lawyer?
Yes — a party may appear in person. In practice, the plaint's drafting, valuation and jurisdiction have to be right at the outset, and errors in those three are the most common reason a suit is returned or rejected, so most litigants instruct an advocate.
How much court fee will I pay?
It is ad valorem under the Court-Fees Act, 1870, calculated in slabs on the value of your claim, with no upper cap in Delhi. Because it is stepped rather than a flat rate, the figure should be computed for your specific valuation before filing.
What is the difference between a civil case and a criminal case?
A civil case resolves a private dispute — money, property, contract, family rights — and results in relief such as damages, possession or an injunction. A criminal case is prosecuted by the state and results in acquittal or punishment. Some situations generate both, such as a dishonoured cheque, which supports a Section 138 complaint alongside a civil recovery suit.
Which Delhi court do I file in?
Claims up to ₹2 crore go to the district courts — Tis Hazari, Karkardooma, Rohini, Saket, Dwarka, Patiala House or Rouse Avenue, depending on the district — and claims above ₹2 crore go to the Delhi High Court. Commercial disputes of ₹3 lakh or more go to the Commercial Courts.
Can a civil case be settled out of court?
Yes, at any stage. Delhi courts actively refer matters to mediation, and where a suit is settled through court-annexed mediation the court fee is refundable. For commercial disputes, mediation is compulsory before filing at all.
What happens if the defendant does not appear?
The court may proceed ex parte and decide the suit on the plaintiff's evidence alone. An ex parte decree can be set aside if the defendant shows sufficient cause for non-appearance, but that is an additional application with its own limitation period.
Talk to a civil litigation advocate in Delhi
Whether your dispute is about recovery of money, property, a contract or a partition, the decisions that matter most are taken before the plaint is filed — valuation, jurisdiction, limitation and whether mediation is compulsory. Our team practises across the Delhi district courts and the Delhi High Court. You can read more about our civil and criminal litigation practice, or speak to an advocate about your matter.