Civil Advocacy

Civil Litigation & Injunctions

Stay Orders, Order 39 CPC Injunctions, Specific Performance, Title Declarations & Appellate Civil Advocacy.

Practice Overview

Civil litigation requires rigorous documentary scrutiny, mastery of the Code of Civil Procedure (CPC), and decisive courtroom advocacy. Our practice handles original civil suits, interlocutory stay applications and injunctions under Order 39 Rules 1 and 2 CPC, suits for declaration of title, specific performance of real estate agreements, money recovery, ancestral partition suits, and civil appeals before the District Judiciary in Haridwar / Roorkee and the High Court of Uttarakhand at Nainital.

Key Focus & Specialization Areas

Order 39 Stay Orders & Injunctions

Securing urgent temporary injunctions under Order 39 CPC to protect property possession, restrain demolition, and prevent alienation.

Suits for Specific Performance

Enforcing registered and unregistered agreements to sell against defaulting sellers or buyers of immovable property.

Declaratory Suits & Title Cancellation

Establishing absolute ownership title, easementary rights declarations, and civil suits for cancellation of forged or fraudulent sale deeds.

Ancestral Property Partition Suits

Instituting civil suits for metes-and-bounds partition, declaration of shares, and preliminary/final decrees among co-sharers.

First & Second Civil Appeals

Filing Section 96 First Appeals, Section 100 Second Appeals, and Section 115 Civil Revisions before the District Judge and High Court of Uttarakhand.

Applicable Statutory Framework

Code of Civil Procedure, 1908 (CPC - Order 39, Section 96, Section 100, Section 115)
Specific Relief Act, 1963 (Injunctions & Specific Performance)
Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023
Limitation Act, 1963 & Court Fees Act, 1870

Frequently Asked Questions

The plaintiff must satisfy: (1) a prima facie case in their favor, (2) balance of convenience tilting toward maintaining status quo, and (3) demonstrable irreparable injury that cannot be compensated in monetary terms if injunction is denied.

Under the Limitation Act, the limitation period is three years from the date fixed for performance in the agreement, or when the plaintiff has notice that performance is refused.

A First Appeal lies on questions of both fact and law before the District Court or High Court, whereas a Second Appeal before the High Court of Uttarakhand lies strictly on a substantial question of law.

Legal Consultation & Case Review

Discuss your legal matter, High Court writ petition, bail application, or property dispute with our senior advocates & legal counsel.

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RCS & Associates Chambers

Led by Advocate Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP) & Advocate Amardeep Saini (Notary & Advocate).

Roorkee, District Haridwar, Uttarakhand

10:00 AM to 07:00 PM (Everyday)

+91-9760038721

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Other Practice Areas

High Court of Uttarakhand

Regular litigation representation before the Nainital bench for constitutional writs, bail, FIR quashing, and civil appeals.

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