Preliminary Before Approaching Court – The
Hidden Journey of Justice
. Story – The “Great Sharma vs. Verma” Property Dispute
“Now, let’s take a scenario—Imagine two families: The Sharmas and the Vermas. They have been
neighbors for 15 years, sharing festivals, sweets, and occasional gossip. But one day, a land dispute
erupts! Both claim a piece of land belongs to them. The shouting starts, ‘Hum aapko court mein dekh
lenge!’ (‘We’ll see you in court!’)
[Pause for audience reaction, use exaggerated expressions for fun]
“But wait! Before heading to court, there are several legal options they could explore—Preliminaries
before approaching the court. So, instead of spending years in litigation, lakhs in fees, and losing their
sanity, let’s see what they could have done.”
👤: "Have you ever seen a cricket match where the players walk onto the field without warming
up? Or a chef cooking a dish without prepping the ingredients? Sounds crazy, right? But this is
exactly what happens when people rush to court without taking the necessary preliminary steps."
👤: "Bro, I just got a message—someone in the audience wants to file a case right now!
"Hold on, hold on! You can’t just jump into court like it’s an online shopping app where you
‘Add to Cart’ and check out. Before you even THINK about filing a case, there’s a long
journey ahead—one full of legal hurdles, strategic planning, and sometimes, unexpected
plot twists!"
📢 (Pause for effect, look at the audience.)
👤: "Welcome, everyone! Today, we’re unraveling the secret pre-trial process that most people
never talk about. By the end of this, you'll know exactly what happens before a case ever reaches
a judge’s desk—and why skipping steps could cost you money, time, and even justice."
Act 1: The Myth of the ‘Instant Lawsuit’
👤: "Imagine this. You're at a restaurant, and the waiter spills hot soup all over you. Furious, you
jump up and scream—‘I’m suing you!’ Sounds powerful, right?"
👤: "Well, wrong. Courts don’t work like Bollywood revenge dramas. You can’t just throw a
case at a judge and expect instant justice. There’s a system in place—a road full of legal speed
breakers."
🔎 A Real Case Example:
📌 McDonald’s Hot Coffee Case (Liebeck v. McDonald's Restaurants, 1994) – A woman spilled
hot coffee on herself and sued McDonald’s. But before the lawsuit, she tried negotiation,
settlement discussions, and multiple medical opinions. The media made it sound like an
instant lawsuit, but it was actually a carefully prepared case.
👤: "So what’s the lesson? You don’t ‘sue first, think later’—you plan, you prepare, and most
importantly, you follow legal procedures."
Act 2: The Mandatory Legal Warm-Up (Pre-Trial
Procedures Explained in an Engaging Way)
Step 1: Legal Notice – The First Warning Shot
👤:You can’t just drag someone to court. You have to send a legal notice first—it’s your way of
saying, ‘Listen, we have a problem. Fix it, or I’ll see you in court.’"
📜 Example:
• Section 80 of CPC (Civil Procedure Code, 1908) – If you’re suing the government, you
must give them two months’ notice.
• Negotiable Instruments Act, 1881 (Cheque Bounce Cases) – The bank must receive a
legal notice before you sue for a bounced cheque.
💡 Case Study: Bihari Chowdhary v. State of Bihar – Case dismissed because the government
wasn’t given proper notice.
📌 Takeaway: No legal notice = No case.
Explain about the criminal caases as well ....
Step 2: Exhaustion of Remedies – No Jumping the Line!
👤: "Imagine you’re at a college canteen, and you want food. Do you directly go to the manager
and complain about your empty stomach, or do you first order at the counter?"
👤: "In law, the same rule applies. Before you file a case, you must ‘order at the counter’—this
means exhausting all other remedies first!"
⚖ Key Principle:
• If there’s an appeal process, tribunal, or internal resolution system, you must use it
before going to court.
• Example: You can’t go to the Supreme Court for a property dispute without first trying
local courts!
📜 Case Law:
• Union of India v. Major General Madan Lal Yadav – Supreme Court rejected a case
because the petitioner didn’t use military tribunal remedies first.
📌 Takeaway: No shortcuts in justice.
Act 3: The Alternative Paths (ADR & Mediation – The Art
of Settling Without a Fight)
👤: " Orange example of fighting between brother and sister ---- Mediation – “A neutral third party
sits with both sides and helps them reach an agreement. It’s like when your mom resolves fights
between you and your sibling over the last slice of pizza—no one wins completely, but at least you get
half!
👤: "That’s exactly what Alternative Dispute Resolution (ADR) is! The law doesn’t want
everyone fighting in court. It prefers peaceful settlements." Generally used by the comapnies
to settle their disputes .
⚖ Legal Basis:
• Section 89 CPC – Courts must try ADR methods before proceeding with trial.
• Arbitration and Conciliation Act, 1996 – Encourages settlement outside court.
• Commercial Courts Act, 2015 – Pre-litigation mediation is compulsory for business
disputes.
📜 Case Study: Afcons Infrastructure Ltd. v. Cherian Varkey Construction – Supreme Court
ordered that all cases suitable for ADR must go through mediation first.
📌 Takeaway: Why fight in court when you can settle in peace?
Conciliation – “Here, a third party suggests a solution, but it’s not binding. Imagine a group of friends
convincing you to eat at a certain restaurant, but ultimately, you decide where to go!”
📌 4. Lok Adalat – “The people’s court—quick and efficient. Like a fast-track McDonald’s queue, but
instead of fries, you get justice!” 🍟⚖
📌 5. Consumer Forums – “You ordered a mobile online, but they sent you a brick. Instead of crying, you
file a complaint here and get your refund!” 📱
Act 4: The International Perspective – The Global Rules of
Pre-Trial Procedures
🌍 United States: Mandatory pre-trial mediation in divorce cases.
🇬🇧 United Kingdom: Pre-action protocols before suing anyone.
🇫🇷 France: Labor disputes must go through conciliation before reaching court.
👤: "It’s not just India—the whole world believes in preparing before filing cases!"
Act 5: The Grand Finale – The Hidden Dangers of Skipping
Pre-Trial Steps
👤: "What happens if you don’t follow these pre-litigation steps? Your case might get rejected,
delayed, or worse… you might end up paying for a baseless lawsuit!"
Real-Life Consequences:
• Penalty for Frivolous Cases – Courts fine people for wasting judicial time.
• Costly Legal Fees – Filing a case without proper preparation leads to unnecessary
expenses.
📌 Final Thought:
"A good settlement is better than a long lawsuit." – Abraham Lincoln
👤: "So, the next time you think about filing a case, ask yourself—Have I done all the legal
warm-ups before stepping into the courtroom?"
🎤 (Pause. Look at the audience. Let it sink in.)
👤: "And that, my friends, is why preliminary steps before approaching court matter more than
you think!"
📢 Final Cheers: TOGETHER --"Justice isn’t just about fighting. It’s about fighting the right
way!"
🚀 End of Presentation.
