Civil Law

Civil Court Jurisdiction in Pakistan: Shield or Maze

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The jurisdiction of a civil court in Pakistan is a foundational but unfortunately misunderstood area of law. While the Civil Procedure Code (CPC), 1908, (hereinafter referred to as the Code), establishes broad powers of civil courts, varying statutory provisions and inconsistent precedents have often made it ambiguous whether the jurisdiction is a shield or a maze? This article explores the scope and limitations of civil court Jurisdiction in Pakistan. The Legal Foundation- Courts to try all civil suits unless barred: – Section 9 of the Code states: “The Courts Shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” Jurisdiction: – The maxim “Ubi Jus ibi remedium” (where there is a right, there is a remedy) is a basic principle of law. Until or unless the jurisdiction of a civil court is barred either expressly or impliedly, any person having a right has a remedy to institute a suit by virtue of the above-mentioned section. Civil courts are conclusively embedded with jurisdiction to try all suits of a civil nature. Contrary to any implied or express bar, a civil court has jurisdiction to entertain the suit if the object of the suit is the enforcement and protection of civil rights. According to Black’s Law Dictionary (hereinafter referred to as BLD), jurisdiction means “A Court’s power to decide a case or issue a decree.” The term Jurisdiction refers to the legal powers…

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Causes Of Delay In Disposal Of Civil Suits And Solutions To Address Them

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Causes of Delay in Disposal of Civil Suits and Solutions to Address Them In comparison to banking suits, a civil suit takes more time to dispose of. There can be various reasons for the delayed disposal, such as unnecessary adjournments, defendants avoiding to receive summons and witnesses avoiding to record their evidence. But I believe that the primary reasons have to do with ambiguity in Order VIII, Rule 1, Code of Civil Procedure (CPC) and the flawed nature of service of summons to the defendant. In a banking suit, the law namely Financial Institutions (Recovery of Finances) Ordinance 2001 is strictly complied with. In particular, section 9 and section 10 of the Ordinance provide a mechanism of service to the defendant. In a banking suit, a summons is served through the bailiff, by way of registered post, courier and publication in newspapers. All this is done simultaneously. The Ordinance provides that after the publication of summons in the newspapers, a defendant is to file leave to defend the suit within a period of thirty days. The service is held to have been validly effected after adopting these modes and the defendant cannot then claim that he or she has not been served. The time to file leave to defend is not usually extended, however, exceptions exist where there are valid reasons for the defendant to seek extension of time. A banking suit is summarily decided in case leave to defend the suit is declined, whereas in a civil suit, Order VIII, Rule 1, CPC provides that the time to file a written statement shall not ordinarily exceed…

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