A civil recovery suit is a suit for recovery of money filed under the Code of Civil Procedure, 1908 before the civil court (or Commercial Court for commercial disputes of ₹3 lakh and above) with jurisdiction over the defendant or the place where the cause of action arose. The plaintiff files a plaint with documents, pays ad valorem court fee, the defendant files a written statement, issues are framed, evidence is recorded and the court passes a decree, which is then executed.
How a civil recovery suit works in India
| Stage | What happens |
|---|---|
| Plaint and documents | Claim, cause of action, interest, court fee paid; documents listed and filed |
| Summons and written statement | Defendant served; files defence within the permitted time |
| Framing of issues | Court identifies what is disputed |
| Evidence | Affidavits in lieu of examination-in-chief, cross-examination of witnesses |
| Arguments and judgment | Decree for principal, interest (pre-suit, pendente lite, future) and costs |
| Execution | Separate proceeding under Order XXI if the judgment debtor does not pay |
For commercial disputes above the specified value, the Commercial Courts Act layers on mandatory pre-institution mediation, case management hearings, strict timelines and summary judgment under Order XIII-A.
Why it matters for getting paid
A regular suit is needed when the claim is not a liquidated sum on a written contract (for example damages, or disputed quantities), when the supplier is not an MSME and holds no cheque, or when the summary suit route is unavailable in that court. It is also the fallback when leave to defend is granted in a summary suit. Understanding the time and court fee involved helps a supplier decide whether to settle at a discount instead. See decree and execution.
How FundRaksha uses it
FundRaksha's advocates file ordinary suits only where no faster forum fits, and tell the client the court fee and likely timeline before filing. The company's record of 60% of cases settling before court reflects a preference for notice, negotiation and the quicker statutory routes. FundRaksha's fee is 30% of recovery; court fees are the client's and disclosed upfront.
Worked example (hypothetical)
A Kochi marine-equipment supplier claims ₹25,00,000 from a shipyard: ₹18,00,000 on invoices and ₹7,00,000 as damages for cancelled orders. Damages are unliquidated, so the whole claim cannot go in a summary suit. The advocate splits them: a summary suit for ₹18,00,000 on the accepted invoices, and a regular commercial suit for the ₹7,00,000 damages claim. Assuming a court fee of about 1% of the claim in that state (rates vary and are capped), the fees are roughly ₹18,000 and ₹7,000. The invoice claim is decreed within a year on conditional leave; the damages claim proceeds to trial.
Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.