Civil Proceedings

Article 133 of the Indian Constitution covers all civil proceedings. The term ‘civil proceeding’ includes all proceedings affecting civil rights which are not criminal. Proceedings under Article 226 are regarded as civil proceedings for purposes of Article 133. The Supreme Court has defined a ‘civil proceeding’ as one in which a person seeks to enforce by appropriate relief the alleged infringement of his civil rights against another person or the state, and which, if the claim is proved, would result in the declaration-express or implied of the right claimed, and the relief, such as, payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status, etc.

Advertisement

Comments