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Pre Trial-Powers of a Civil Court

Pre Trial-Powers of a Civil Court [1] Indian Judicial system is facing a humongous problem of backlog of cases. The pendency of cases results in delays and slow movement of wheels of justice. Today over 4.7 Crore cases are pending in India [2] . While the delay in criminal trials impinges upon the Right to Life of the accused and the victim alike. The delay in civil matters results in frustrating the parties, lowering the prospect of the country as a business-friendly destination. The delay in disposal of cases also creates general societal problems as the parties’ resort to violence over petty issues. This piece focuses on the pre-trial powers of a civil court under the Civil Procedure Code, 1908 (“CPC”). If these powers are exercised in an efficient manner, it can help the courts to reduce time of litigation. The exercise of these powers will also streamline the process of trial.   Institution of a Suit A civil court under the CPC is moved by filing of a Plaint [3] . The Cour