On 20.03.2023, I visited the city civil court.

My decision to visit this court was not only

influenced by the compulsion but also my belief that visiting a court would provide an
interesting avenue of insight to the communication tactics that are utilised within courts.
Taking into consideration the hierarchy of the court system it is inevitable that courts on
daily basis deal with a higher volume of cases, I decided to visit the city civil court that is
located at Kala Ghoda, Besides Mumbai University, Fort.
Upon arrival to the court I was confronted with a security check, this was entirely
unexpected as I had never entered a courtroom before. After consulting a list displayed, I
was able to clearly determine the name of each case, the presiding judge, and other
decisive information. As walking in, I bowed to the Judge to show my respect and took a
seat amongst the others. As the Judge came out from his chambers, his judicial officer
addressed the court room to “please stand” and bow as he took his seat.
As I took my seat in the back of the room I attempted to locate all the various people with
roles of significance. I immediately noticed two lawyers sitting at the front, and their
interns by their side, they easily distinguishable as they appeared obviously nervous and
briefly interacted with their senior. The judge, sat as expected, elevated at the front and
centre of the courtroom. The judge appeared to be a middle aged man. Prior to the case
beginning I noted substantial moments of communication between the judge and the court
officer. I was previously unaware of how heavily involved the court officer was in
communicating/assisting the judge as they passed documents between one another and
the court officer seemed to provide the judge with information on the upcoming case. The
plaintiff sat somewhat separate from the defendant and seemed to be engrossed in his
notes as I watched him quickly take notes on what appeared to be a notepad. They were
all dressed in formal suits. The Judge, when applicable, asked all parties involved in the
case to sit in the front row when their case is being heard. This is to be able to
communicate if necessary and to show respect for the proceedings in the court room.

The case that I witnessed was a civil case. The following were the submissions made by
the Plaintiff’s Advocate which stated that a Sale Purchase agreement was entered into
between the plaintiff i.e. Mr. A (Buyer) and the defendant i.e. Mr. B(Seller), whereby the
plaintiff was the buyer of the residential property and the defendant was the seller of the
residential property. The residential property was situated at C-13, ABC Building, M Marg,
Mumbai -400002.
The consideration for sale of such property was fixed at an amount of Rs. 75 which was to
be paid as follows:
A. Rs. 15 Lakhs on execution of the Sale Purchase agreement.
B. The balance was to be paid within 3 months from execution of the Sale purchase
agreement.

The Advocate of the plaintiff along with the plaint had submitted the Sale Purchase
agreement which had other clauses including the representation and warranty from
the seller saying that he shall on receipt of entire consideration as mentioned
above transfer the property in the name of the Plaintiff and shall not restrain the
plaintiff in enjoyment of his rights on the said property.
 It was stated by the Plaintiff’s Advocate that the Defendant had refused to accept
the balance amount of consideration i.e. Rs. 50 Lakhs which was to be paid within
3 months of execution of Sale & Purchase Agreement.

The defendant had refused to complete the transaction and transfer the property
in the name of Plaintiff which is assumed to be because of a huge rise in the
market value of such property.

The Advocate submitted that his client is aggrieved by such refusal to transfer of
property in his name by the defendant and therefore they have filed this suit for
breach of contract.

The Advocate of plaintiff highlighted the “breach of contract clause”, in the sale
purchase agreement entered into between the plaintiff and the defendant which
gave the aggrieved party a right to claim compensation, damages and also
entitlement to initiate legal proceedings against the defaulting party, if any party
fails to perform their obligation as specified under the Sale Purchase agreement.

Therefore, it was prayed by the Advocate of Plaintiff before that Honourable Court
to order the defendant to complete the transaction as agreed between them
previously.

The Advocate of the Defendant in his defence submitted that the Defendant is
unable to complete the transaction because he is in the process of starting a new
business venture for which he will require the said property. The Advocate of the
Defendant also stated that the defendant shall repay the amount accepted by him
to the plaintiff.

After hearing the parties, the court ordered the defendant to submit evidence
relating to such business venture to be started by him within 2 days from today and
thereafter a final decision shall be given. The court adjourned the matter and a
next date was given.

Further I observed that, The lawyers were highly efficient in communicating with the
defendants, the judge and as well with the other lawyers. The lawyers sat on their table
and stood when presenting their case to the judge. The lawyers all addressed the judge as
“your honour” and used phrases such as “If I may”. The judge was very clear and concise
when making decisions and this was seen through his use of language and the way he
presented his decision.

The court experience for me was quite different to the way it is portrayed in pop culture
and TV shows.