The Most Authentic CLR Series

The Code of Civil Procedure

1908(CPC)

For LL.B Part IV Five Year Program

By
Muhammad Adnan Masood
Advocate High Court
CITY LAW COLLEGE
PASSPORT OFFICE ROAD RAWALAKOT AJK
05824-442207, 0332-4573251, 0332-4442207
www.clc.edu.pk

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 ‫الر ِح ْيِم‬
َّ ‫الر ْح ٰم ِن‬ ِ ‫ِبسِم‬
َّ ‫اهلل‬ ْ

The Code of Civil Procedure (CPC)

It is a procedure, which is used, in civil matters. It is in contrast

of the Code of Criminal Procedure. All matters, which fall in
civil cases, are the subjects of Code of Civil Procedure. Where
there is violation of civil right there is remedy under Code of
Civil Procedure. How the case is filed and proceeded till its
finalization is dealt with Code of Civil Procedure. Neither
permission nor notification is required for its application. It ipso
facto (by the fact that) applies. It guides in civil cases.

Before the enactment of Banking Ordinance, the cases relating

with banking were dealt in ordinary civil courts but after its
enactment, special courts are constituted to deal with banking
matters. Where special Court like banking, there Code of Civil
Procedure is not applicable.

Code of Civil Procedure is used in execution, summoning, and

divorce cases etc. If defendant goes abroad, the substitutive
service of summons under Code of Civil Procedure applies.

Substituted service Order 5, Rule 20:

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1. What is: Keeping out of way.

2. Circumstances: Following are the circumstances under

which substituted service of summons is issued:

a) Concealing: Where the Court requires a person but he is

concealing himself in the appearance in the Court of law.

b) Impossible service: Where ordinary service of summon

becomes impossible due to any reason certain or uncertain.

3. Manner of service:

a) Affixation of summons: Copy is affixed at home.

b) Electronic devices: Telegram, phone, phonogram,

telex, fax, radio, TV etc.

c) Urgent Mail Service: This is speedy postal service.

d) Beat of drum:

e) Mosque:

f) Press:

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g) Any other mean:

4. Effects: Service of summons by these means is

presumed completed.

Plaint should be simple and concise. Unnecessary details may

make it ambiguous and may effect judgement. It should also not
contain the names of witnesses. Non availability of them may
cause inverse effect on case. Code of Civil Procedure was
consisted on more than 500 sections before its present form.
Now it contains 158 sections. All the rest are now Orders and
Rules.

Since the company itself is person so it cannot be called in case

through its agents like directors etc.

Pleadings are filed in Court but application is made after filing a

suit. Where Judge works in the capacity of Rent Controller, in
such case application is made for the redressal of grievance.
Application may not involve any technicality. Rent Controller is
not a Court. Application may contain argue but plaint does not.
Application may also contain proofs but plaint does not.
Application may not be divided into paragraphs and thus no
need paragraph numbers.

Decree: A decree means an order by one in authority, a judicial

decision, and an edict (decree, command, order) in law. All
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decrees are by definition conclusively determinative of maters
adjudicated therein. It is a portion of judgement, which is
actually enforceable after final decision. An order of a Court
pronounced on the hearing of a suit. It is also result of
judgement. How much relief is awarded is related to decree.

Order is also decision. Daily proceeding is order. Party can

question on order. Final stage of the judgement is execution.
Judgement determines the accrual of liability. It does not deal
with the quantum of remedy. Appeal can also be made against
decree. Judgement cannot be given without issuing decree.
Where judge fails to issue decree, application can be made for
its issuance. Following are the ingredients of the decree:

1. Portion of judgement: It is formal expression of

judgement.

2. Actually enforceable: Judgement is not enforced

whereas decree is enforceable.

3. Result of judgement: Where is judgement there is

decree. Decree cannot be passed without judgement.

4. Contains relief: It contains the relief for which pleading

is sought.

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5. Appeal against decree: Where claim in plaint is not
granted upto satisfaction, appeal is preferred against decree
and not against judgement.

6. Pronounced actually: All the judgement is not

pronounced actually but only decree, which is substantial
part.

7. Micro:

8. Shall agree with judgement:

9. Number of suit:

10. Name of parties:

11. Description of parties:

12. Particulars of claims:

13. Kinds:

a) Final:

b) Preliminary:

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Award: The finding or decision of an arbitrator upon the
submission in arbitration. It must follow the submission, be
certain, final, reasonable, legal, possible, and dispose of all the
differences submitted to arbitration. Code of Civil Procedure is
not applicable in arbitration cases.

Execution: The act of completing or carrying into effect,

particularly of a judgement, effected by writs of execution,
orders and notices, which compel the defendant to do or to pay
what has been adjudged. Court issuing the decree is also
responsible for its execution normally.

The execution of deeds is by the signing, sealing, and delivery

of them by the parties as their own acts and deeds, in the
presence of witnesses.

As far as criminal cases are concerned, when accused is sent in

jail after conviction, it is execution of judgement. If the accused
is acquitted, his handcuffs are removed. It is also execution
whatever is adjudged.

Mesne (intermediate) profits: Persons wrongfully deprived of

the corpus or usufruct of property is entitled to claim
compensation for such deprivation. Such compensation, which
is awarded against persons in wrongful possession of property,
is known as mesne profit, and is claim-able only by a person,
entitled to actual possession of such property.
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Person having wrongful possession can only claim the costs
incurred to improve the property during wrongful possession.

Judgement: The decision or sentence of a Court in a legal

proceeding. Also the reasoning of the Judge which leads him to
his decision, which may be reported and cited as an authority, if
the matter is of importance, or can be treated as a precedent.

The Code of Civil Procedure can be divided into three major

parts, i.e., pre trial portion, trial, and post trial portion. Code of
Civil Procedure is a code, which is used right from beginning to
end of civil suits. It includes substantive and procedural law as
well.

Case remains at pre trial stage unless Court occupies it. Another
notable thing in Code of Civil Procedure is that its sections must
be connected with Rules and Orders. Order is just like chapter.
Rules are sections of the Orders. Section is parent legislation.
Sections and Rules must be agreed. Section is superior to Rule.
Court cannot change section but interpret divergently. Section
can be declared bad if it varies from constitution. Once a time
Government of Punjab had enacted a law granting Supreme
Court to hear appeal. It is also notable that no one authority can
grant power to Supreme Court for try of cases. Only constitution
can grant such power to Supreme Court.

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Negligence of lawyer is the negligence of the party. It is not
excusable at all in Court. Although amendment in pleadings is
allowed at any stage of proceedings but substantive amendment
is not allowed. Only correction of typographical is allowed.

Pre trial stage: This stage contains the following topics:

1. Name of the parties: There are always two parties in a

civil suit. They must be proper and competent parties. Names of
the parties must be entered in pleading. They must have right to
file suit. Party must be aggrieved or sharer in case. It is not legal
duty of lawyer to enquire about the exact name of party but it is
his moral duty to tell party if she has no legal right to sue.
Irrelevant party cannot file suit. Party who can file suit is termed
proper or relevant and party incompetent is termed as improper
or irrelevant party.

2. Infringement of right: Cause of action arises when legal

right is violated. If there is no violation of right or injury caused
then there is no cause of action. If you have no right to sue then
case cannot be pleaded.

3. Jurisdiction: The Court where the case is to be brought

must be competent to hear the case. This is place where the
cause of action arises. If you are schoolteacher in Islamabad and
receive letter of termination in Lahore, then cause of action
arises in Lahore as well as in Islamabad because it is the place
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from where letter is issued. By this way area of jurisdiction
widens. Where there is no specific jurisdiction, cause of action
where arose is last resort.

Territorial jurisdiction means where jurisdiction remains on a

particular area of locality. District is divided into small areas and
particular area is given to Judge, which is called territorial
jurisdiction.

Original jurisdiction for the cases of intellectual property and

negotiable instruments is District Court.

4. Name of Court: Pleading is started with the name of

Court competent to hear the case. She must have original
jurisdiction. Preliminary power of hearing of suit is called
original jurisdiction. Pecuniary jurisdiction must be adhered.

5. Defendant: The party against whom suit is filed must be

necessary or relevant. Irrelevancy put the case into end.

6. Title of suit: According to the subject matter title of suit is

determined. Code of Civil Procedure has provided certain
specimen of titles.

7. Principal amount: For the purpose of Court fee principal

amount is provided in suit. Court fee is charged @ 7.50% with
upper limit of Rs. 15,000/-. Court fee for the amount above Rs.
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200,000/- remains Rs. 15,000/-. Court fee is not payable for the
cases pecuniary value of which is upto Rs. 25,000/-.

8. Frame of the suit: It is the factual matter upon which suit

is filed. It has not particular format but it should be based upon
true facts so that the defendant can answer them.

9. Body of plaint: It also comes under the frame of suit. It

includes cause of action arose.

10. Jurisdiction: It is a Court having power to entertain the suit

institution in first instance.

11. Court fee: It is paid according to the value of subject

matter.

12. Verification: It is integral part of the pleading without

which pleading is not entertained.

Jurisdiction in case of immovable property: Jurisdiction of Court

lies where property is situated, in case of immovable property.
Residence of plaintiff or defendant becomes irrelevant. If
property is scattered then all courts in that areas would have
jurisdiction.

Jurisdiction in case of moveable property: Convenience of

defendant is taken into consideration while determining of the
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jurisdiction of Court. Residence or work place of defendant is
kept in view. Convenience of plaintiff becomes immaterial in
such a case.

Adjudication in the absence of lawyer: It is well established

ruling of Supreme Court that lawyer may be engaged in different
courts therefore Court cannot adjudicate case in early morning
proceedings. Reasonable time must be given.

Doctrine of res judicata u/s 11: A thing adjudicated is received

as the truth. A judicial decision is conclusive until reversed, and
its verity (truth, quality of being true or in accordance with fact)
cannot be contradicted. Res judicata presupposes that there are
two opposing parties, that there is a definite issue between them,
that there is a tribunal competent to decide the issue, and that
within its competence, the tribunal has done so. Once a matter or
issue between parties has been litigated and decided, it cannot be
raised again between the same parties, but other parties are not
so bound. It applies on the cases, which have been decided. Ex
turpi causa non oritur action means no case against immorality is
maintainable. An action does not arise from a base cause, e.g.,
an illegal contract is void.

Doctrine of res sub judice u/s 10: If a case is already pending

in a Court or any legal forum, case instituted latter shall be
stayed/stopped. First in time shall prevail. If the ex parte
judgement is given after the case has already been instituted, ex
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parte judgement shall be set aside. The reason of the setting
aside is that the case was already proceeding in the competent
Court. There was no reason to try it again during its pendency
with the same facts in issues. Trial Court stays the case in the
following cases:

1. Same parties:

2. Same title:

3. Same relief:

4. Already instituted:

5. Pending in other Court:

6. Other Court has jurisdiction:

7. Competency to grant relief:

8. Institution in Supreme Court:

How it is helpful:

1. Prevention of multiplicity:

2. Speedy relief:
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3. Assurance of justice:

4. Inexpensive justice:

5. Time saving:

6. Proper attention of parties:

7. Seriousness:

In law, sub judice, Latin for "under judgment," means that a

particular case or matter is currently under trial or being
considered by a judge or court. The term may be used
synonymously with "the present case" or "the case at bar" by
some lawyers.

In England and Wales, Ireland, New Zealand, Australia, India,

Pakistan, Canada, it is generally considered inappropriate to
comment publicly on cases sub judice, which can be an offence
in itself, leading to contempt of court proceedings. This is
particularly true in criminal cases, where publicly discussing
cases sub judice may constitute interference with due process.

In English law, the term was correctly used to describe material

which would prejudice court proceedings by publication before
1981. Sub judice is now irrelevant to journalists because of the
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introduction of the Contempt of Court Act 1981. Under Section
2 of the Act, a substantial risk of serious prejudice can only be
created by a media report when proceedings are active.
Proceedings become active when there's an arrest, oral charge,
issue of a warrant, or a summons.

In the United States, there are First Amendment concerns about

stifling the right of free speech which prevents such tight
restrictions on comments sub judice. However, State Rules of
Professional Conduct governing attorneys often place
restrictions on the out-of-court statements an attorney may make
regarding an ongoing case. Furthermore, there are still
protections for criminal defendants, and those convicted in an
atmosphere of a circus have had their convictions overturned for
a fairer trial.

Legislation by adoption: Where an authority adopts the law

prescribed for another case, it is called legislation by adoption
and it is allowed.

Jurisdiction: With the passage of time, jurisdiction of Court

decreases. There was a time when original jurisdiction was High
Court, and when the High Court was overcrowded then original
jurisdiction came down to District Court. Later on original
jurisdiction came to Civil Judge – Grade I, then Civil Judge –
Grade II, and at last Civil Judge – Grade III. It is mere
administrative adjustment.
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Now the law on the jurisdiction is that case should be instituted
in lower most Court so that higher courts may not be
overcrowded.

By jurisdiction is meant the authority, which a Court has to

decide matters that are litigated before it or to take cognizance
of matters presented in a formal way for its decision. The limit
of this authority is imposed by the statute, charter, or
commission under which the Court is constituted and may be
extended or restricted by such like means imposes the limits of
this authority. If no restriction or limit is imposed the
jurisdiction is said to be unlimited.

Jurisdiction for immovable property: Where the matter under

litigation is related with immovable property, original
jurisdiction of litigation vests to Court where the immovable
property actually situates.

Jurisdiction for scattered immovable property: Where

property situates in different zones and more than one litigation
started at once, latter litigation shall stop when the second
litigation is brought into the notice of the Court. Jurisdiction for
scattered immovable property lies in different courts of the local
limits. All the simultaneous litigations shall be transferred to the
Court where case is instituted very first time. This jurisdiction is
applicable for the purpose of property situated in Pakistan.
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Convenience of defendant: It is basic and fundamental principle
that while instituting the lawsuit, convenience of the defendant
is taken into consideration rather than plaintiff. Plaintiff may use
option in different cases but the convenience shall remain vest to
defendant either for immovable or moveable property cases.

Uncertain jurisdiction: Where ascertainment of original

jurisdiction becomes impossible or uncertain regarding
immovable property, Court must record statement of
uncertainty.

Jurisdiction with regard to cause of action: Tort may be

personal such as defamation or with regard to property, e.g.,
trespassing, replevin, detinue, or trover etc. Jurisdiction for the
purpose of movable property or torts may lie to the Court where
cause of action arises. If defendant resides in Lahore and libel
publishes in Multan, case may be instituted either in Lahore or
Multan. Option lies to plaintiff whether which jurisdiction he
prefers. But advise-able and preferable jurisdiction lies where
defendant ordinarily resides or works.

Withdrawal of case does mean withdrawal of case by Court and

then Court transfers the case to another Court at the convenience
of defendant. Withdrawal is executive function while transfer is
based upon withdrawal.

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Jurisdiction for more than one defendants: Where there are more
than one defendants in a similar case and reside in different
places, case either can be instituted at their place of residence or
in one Court with the consent of all defendants. Suit can be
splited in different areas if they do not give unanimous decision
or give varied consents.

Objection as to jurisdiction: Under normal circumstances any

appellate or revisional Court cannot allow objection as to the
jurisdiction of Court.

When objection can be allowed: It is well-established practice

of law that objection as to jurisdiction should be raised very first
time in proceedings. Earliest possible opportunity is the right
period to object the jurisdiction of the Court.

How objection can be raised: There are three methods by which

objection as to jurisdiction can be raised. They are stated as
follows:

1. Verbal on appearance: Defendant may raise this

objection at very first time in preliminary appearance. He may
object by oral statement. Court may either order him to submit a
separate application or may take suo motu action upon such
statement. This objection may also put in written statement.

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2. Filing of informal application: Defendant may file an
application stating the objection on jurisdiction of the Court.
This application does not require any special format to be
fulfilled. Mere conveyance of the fact regarding non-jurisdiction
on any appropriate cause is sufficient ground to reject the case.

3. Filing of formal application: Above application may also

be filed under Order 7, Rule 11. Lacking cause of action and
original or territorial or pecuniary jurisdictions, wrong suit
valuation, wrong affixation of stamps, time barred case, are the
sufficient grounds to get plaint rejected.

When the objection is allowed at later stage: As stated earlier

that in normal circumstance once objection as to jurisdiction is
omitted cannot be raised at any later stage. But it may be
allowed upon the arising of question of fundamental or primary
importance. Court of latter stage may ask certain questions to
get satisfaction to ascertain the real need to admit the objection
on jurisdiction, which has been omitted once. Cessation of
chance of appeal is good ground to put objection on jurisdiction.
Without prejudice is also good ground to get the order set aside.

Mistake of lawyer is also mistake of client. But if lawyer gives

in writing that he had wrongly assessed the jurisdiction of the
Court and there is no fault of his client, Court may entertain it
but not necessarily.

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Under decision of Supreme Court, order of the Court having no
jurisdiction should be kicked out without entertaining it. Order
of such Court is liable to set aside.

Trial stage: This stage includes joinder, non-joinder,

misjoinder, proper party, and necessary party. It also includes
parties in a suit, who may file suit, against whom suit may be
filed, legal right of plaintiff, right to sue, pray for remedy,
determination of legal right and its violation.

Locus standi: A place of standing. The right to be heard in

Court or other proceeding. It is competency of the Court to
proceed the suit.

Joinder of parties or plaintiffs: A cause of action may arise

from violation of legal right for more than one parties. When
more than one parties, join in a single suit, it is called joinder of
parties. This situation arises when common right of persons is
violated. They may sue severally or independently, but their
joining in a single suit causes convenience not only to parties
but to Court, as well. Where common right exists, it is advise-
able to join in a single suit rather than separate suits.

All persons may join in one action as plaintiffs or defendants

where the claim is in respect of the same transaction or series of
transactions and common question of law or fact arises.

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Necessary party in suit: Plaintiff and defendant are the necessary
parties without whom case is not maintainable. If joinder is
necessary and party has not joined, case shall remain non-
maintainable. Her joining is necessary. Any party whose joining
may cause effect the case either positively or negatively in
favour or against of plaintiff or defendant is supposed necessary
party. He must join the suit to give effect its conclusion. Case
may be rejected if the necessary party has not joined the case.
She effects the case. Court may order to join her if it is
necessary. It is removal of irregularity.

Proper party under Order 3: This is the party joining of

whose makes the case stronger and important. Where common
cause of action arises, mere one plaintiff may file suit, which
shall definitely give benefit to all of the parties concerned.
Joining of remaining parties is not requirement of law but they
may join, if they want. Their joining supports the case. They
may file suit either jointly or severally. Severely filing of suit
involves huge timings and finance whereas joining in a single
suit saves not only time but also money. Joining of proper party
is neither fatal nor beneficial. This party may or may not join the
common cause of action.

Representation of plaintiff under Order 3, Rule 2: Where

plaintiff remains unable to keep himself in Court, he may
appoint any person in his place. Plaintiff may give power of
attorney to his agent who may appear in Court in his place.
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Where plaintiff has not given the power to a certain person, his
presentation in Court is not acceptable being authorized agent.
Where a clerk had not authority to act upon as agent, his
appearance in Court is held not acceptable.

Joinder of cause of action: A plaintiff may without the leave of

the Court, join in one action under several causes of action, even
if in the alternative, against the same defendant including other
causes of action with a claim for the recovery of land subject to
the power of the Court to order separate trials where joinder may
embarrass or delay the trial or is otherwise inconvenient.

Misjoinder: Where persons are wrongly joined as plaintiffs or

defendants in an action, i.e., where persons are made parties who
ought not to be. No action can be defeated by a misjoinder
(illegal joining) or non-joinder of such parties, and the Court
may of its own motion, or on application, order a party to cease
to be a party.

Non-joinder: Where a party does not join the case while its
joining is necessary is called non-joinder of the suit. Her non-
joining makes case defective. Effective decision cannot be given
without her joining.

Power of Court: Court has power that at any stage of the

pleading either beginning or before judgement, may pass an
order for joining or non-joining of the parties. This may happen,
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either on application of the party or its own motion, i.e., suo
motu. Application can be moved to Court stating please strike
out the party being misjoinder.

Every suit must include all possible claims. Once you have
waived off your right, you cannot claim it again except where
permission of Court has been obtained.

Where due to certain reason claim cannot be prayed, all the

reasons must be mentioned in plaint for not claiming them.
Leave of Court permits its reopening. If plaintiff cannot afford
Court fee for larger claim, he may confine his claim upto Rs. 24,
999/- with reasons so that he may claim it again whenever he
will afford Court fee. Relinquish (extinction or abandon) of his
right without permission of Court will lose his right
permanently. He cannot lodge case again. Leave of Court
enables person to reopen the case, whenever is required. Due
care must be taken while filing the suit. It must contain due
reservations for future claim.

Frame of suit: Suit should be framed in such a way so that

future litigation may be eliminated. Where there are same parties
and same causes of actions must be joined in a single litigation
so that proceedings may be minimized for different parties on
similar causes of action.

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It should be kept in mind that relinquishes (extinction or
abandon) the claim debars its subsequent claim. All relevant
claims must be prayed in a single litigation. There is an
exception to this rule. Where claims are extinguished with the
permission of Court due to any justifiable reason, its subsequent
litigation is permitted.

Test for joining: The sole test for joining of the parties and
causes of actions is that whether the parties may institute
independent suit for each cause of action. If so, it may be joined
in a single litigation. Where party misses to join the similar
litigation shall be debarred to claim subsequently. Convenience
is also a test.

Where more causes of action are not joined which may be

joined, it shall be presumed that party has relinquished the claim
therefore it is advise-able that maximum possible causes of
actions must be joined. If relinquishment is necessary, it is
should be made with the leave of Court so that right of
subsequent litigation may be reserved.

Non-joining of either party or causes of actions is presumed

waiver off of their right thus future litigation extinguishes.
Object of this is to minimization of multiplicity of litigation.

If party was required to claim certain rights but party fails to do

so, it shall be presumed that party has given her right up.
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It is open to party to withdraw his plaint as a whole or partly at
any stage of proceedings.

Where rent of three years’ is due and petitioner prays only for
the rent of one-year, it means that he has relinquished his claim
of two years thus he is not competent to claim it subsequently,
except where he has relinquished claim with the leave of Court.
The word “claim” implies what is demanded while “relief”
means what Court grants to plaintiff. Plaintiff cannot be given
more than what he has asked for.

Presumption of truth: Courts proceed all matters before

lawyers. Presence of party is not necessary where law allows.
Party cannot deny the presumption of truth. An individual
cannot argue against the proceedings of the Court. Why the
plaint is instituted in the Court? It determines the right of
individuals.

Statement passed in Court either by Judge or advocate is final in

both of the cases, i.e., civil and criminal. Verbal statement is
more important than written statement. Written statement comes
later. Advocate whatever states at bar cannot be denied merely
on the ground that plaintiff or appellant or petitioner was not
present in Court and such statement was not passed in his
presence. Statement of the party is as important as the statement
of the Judge is important.
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Suits by or against government: It is notable thing that where
suit is brought by or against government or public officer, Chief
Secretary or Chairman of the department or Collector is made
party on government side in both cases either provincial or
central.

Requirement of notice: Case against government requires

notice prior to two months u/s 80. This notice is mandatory
(compulsory).

This notice may be delivered personally or may be left at the

office.

Where case is to be brought against central government, such

notice is served to Secretary of that government.

Where case is to be brought against provincial government, such

notice is served to Secretary of that government or the Collector
of the District.

Where case is brought against Railway, such notice is given to

General Manager of the Railway concerned. This is considered
case relating to central government.

Where party is public officer, such notice is delivered to him in

person or left at his office stating full particulars.
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1. Statutory requirement:

2. Objects:

a) Convenience:

b) Settlement out of Court:

c) Time saving:

d) Preparation for contest:

e) Cost effective:

f) Right to sue:

g) Right to get claim:

h) Reconciliation of claim:

Written statement: Court permits government to submit

written statement within three months.

Proceedings upon notice: Some time such notice saves the time
of government offices being liable to compare with actual

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position which can be traced out from the face of record
available with the government office.

For instance, if a person institutes a suit against government that

government has not paid to him salary for last six months, it can
easily be checked out from the record. Upon such verification,
suit is concluded. Notice brings convenience in such suits.

Exemptions available in suit against government: Law provides

certain exemptions to government in personal appearance and
arrest.

Arrest: Government officer cannot be arrested exception in the

execution of decree.

Attachment: Property of government officer cannot be attached

except in case of execution of decree.

Where it is obvious from the intention of defendant that

defendant will keep himself absent by leaving the country, Court
can either arrest him or order to provide sufficient security to
ensure his presence within local jurisdiction of the Court.

S. 94 of Code of Civil Procedure is relevant for the provision

of security to ensure presence of defendant. Before passing
decree, property can be attached where there is suspect of escape
of judgement debtor from local jurisdiction of the Court. Dowry
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(the money or goods that a woman brings to her groom) can be
attached before the issuance of decree upon the suspect of its
conveyance or transfer or sale.

In the suit of maintenance, immediate interim order can be

granted. Arrest or attachment of property to prevent the
disobedience of the orders of the Court can take place.
Disobedience causes the frustration of civil suits thus attachment
or arrest becomes imperative. As far as government officer is
concerned, he cannot be arrested until or unless his department
determines. Respect of party is also important as the respect of
the Court is.

Where guidance of the law is not available, reasonability serves

the purpose to fill the space in the best interest of justice.

Inter-pleader suit u/s 88: An inter-pleader suit is one in which

the real dispute is between the defendants only and the
defendants inter-plead, that is to say, plead against each other
instead of pleading against the plaintiff as in an ordinary suit. In
every inter-pleader suit there must be some debt or sum of
money or other property in dispute between the defendants only.
And the plaintiff must be a person who claims no interest therein
other than for charges or costs and who is ready to pay or deliver
it to such of the defendants as may be declared by the Court to
be entitled to it.

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Object of the inter-pleader suit is to determine and convey
property to right person. Person who conveys the property has
right to receive cost of maintenance incurred during the course
of occupation.

Order 35 is also related with procedure on inter-pleader suit.

It deals whether how suit shall be instituted, who shall institute,
how Court shall determine the claim in favour of defendants, on
what grounds suit can be dismissed, and how the costs are
determined.

When a person is in possession of property in which he claims

no interest, but to which two or more other person may claim,
and he, not knowing to whom he may safely give it up, is sued
or expects to be sued by one or both, he can compel them to
inter-plead, i.e., to take proceedings between themselves to
determine who is entitled to it.

For example, A has a possession of certain property. B and C

have claim in such property. A is required to invoke the door of
Court to obtain order to declare whether who has better right of
ownership. When claimants are left to decide their right, that is
called inter-pleader suit. Court declares their right. Adverse
claim can be prayed to avoid the conveyance of property.

30 | P a g e
Opinion of Court u/s 90: Where two or more persons jointly are
agreed to refer their dispute to Court to get its opinion, Court is
bound to determine their dispute. Court gives its opinion.

Opinion and decree are different. S. 96(2) applies. No appeal

lies against the consent decree while appeal may lie against
original decree. Suit can be re-opened against consent decree
upon mutual agreement of the parties.

Consent decree and appeal u/s 96(3) and Order 23, Rule 3:

1. Generally no appeal:

2. Why: It determines rights.

3. Where appeal is allowed:

a) Want of jurisdiction:

b) No compromise:

c) By mistake:

d) Where one party admits:

e) Coercion:

31 | P a g e
f) Fraud:

g) Undue influence:

Public nuisance u/s 91: Violation of the use of public right is

public nuisance. It is crime u/s 268 of Pakistan Penal Code.

Example of public nuisance: A person keeps his horses and

wagons standing for an unreasonable time on the high way.

If some particular or special damage is proved then it becomes

actionable and gives rise civil action. A man falls down in a
trench dug left open and unfenced. No light was placed as
security measures. His wrist and other portion of body received
injury. Held negligence on the part of defendant and liable to
pay damages. Appeal in High Court dismissed and upheld the
decision of the trial Court.

Consents of the Advocate General are necessary to bring suit

against public nuisance. Where special damage is caused to
party, consents of Advocate General become unimportant.
Government appoints Advocate General in province and
Attorney General in centre.

1. Types of nuisances:

a) Private:
32 | P a g e
b) Public:

2. Effect of two or more persons:

3. Permission of Advocate General from province:

4. Written consents:

5. Where damage is caused: No need to get permission of

Advocate General. It extinguishes the need of written
permission of Advocate General.

6. Where damage is not caused: Permission from

Advocate General is required.

7. Declaration:

8. Injunctions:

9. Other relief:

Supplemental proceedings u/s 94: Court can do everything to

ensure the justice in compliance of law. Orders 38 and 39 are
relevant to this section. Civil Court may take following
measures in the interest of justice:

33 | P a g e
1. Issuance of warrant: Where it becomes into the
knowledge of Court the defendant may leave the jurisdiction of
Court, Court may issue warrant of his arrest to ensure his
presence in Court for the end of justice.

2. Demand of security: Where it reveals from facts that

defendant may defeat or frustrate the call of Court, Court may
demand security from defendant to get assurance of his presence
in Court at due time.

3. Civil prison: Where defendant fails to furnish security

being surety of his presence in Court, Court may order for his
civil prison until defendant furnishes sufficient security.

4. Temporary injunction: Court may issue temporary

injunctions to keep him in the jurisdiction of Court for
appearance as and when required.

5. Attachment of property: Where defendant fails to

comply with the orders of Court for the provision of security and
defeat the purpose of temporary injunction, Court may attach his
property and may sale.

6. Appointment of receiver: In order to keep the property of

defendant in the custody of Court, Court may appoint receiver
for maintenance and subsequently its sale.

34 | P a g e
7. Interlocutory order: Where Court thinks fit and proper
may issue interlocutory orders.

8. Any other order, which is reasonable: Court may pass

any order, which thinks fit for the end of justice.

First appeal u/s 96: First appeal lies in the Court competent to
hear the appeal. Grounds of objection must be such as arise from
the pleadings and evidence, and are necessary for the decision of
the suit. The grounds must be stated briefly and concisely and no
legal arguments must be set out therein. Grounds of appeal can
be described as under:

1. The judgement or decree of lower Court is contrary to

law.

2. The judgement or decree of lower Court is against fact.

3. The judgement or decree of lower Court is contravened

to law and fact.

4. The Court below has omitted to determine any material

points.

Second appeal u/s 100: Second appeal lies in High Court. High
Court only determines the question of law and not the question

35 | P a g e
of fact. It is instituted against the decree passed in appeal.
Grounds of appeal can be described as under:

1. The decision is against either the law or usage of the

country for time being in force.

2. The decision has omitted some material facts of law

having the force of law.

3. The substantial error or defect in the procedure

produced error or defect in the decision of the suit upon the
merits.

Powers of the appellate Court u/s 107: Appellate courts have

certain power for the end of justice such as:

1. Decision or the judgement is upheld finally.

2. To reverse the judgement/decree of the lower Court.

Appeal is accepted and decree or judgement is set aside.

3. To frame additional issue in case and refer it to the

Court below for trial.

4. To direct the lower courts to take additional evidence

in the case. The case is remanded to lower Court for retrial.

36 | P a g e
5. Modification is partially admitted and the rest is
dismissed.

6. Remand of case:

7. Powers of original court:

8. Uphold judgement:

9. When jurisdiction then original:

10. Reduce penalty:

11. Enhance penalty:

12. Annul penalty:

Time limit for appeal: Time limit for appeal is three months
from the date of the judgement.

Third appeal u/s 109: Third appeal lies in Supreme Court.

Grounds of third appeal can be summarized as under:

1. Where the value of the suit is Rs. 50,000/- or upward.

2. Where the amount of decree and claim is varied.

37 | P a g e
3. Where High Court certifies that as to the constitution
substantial question of law is involved.

Contents of the final judgement Order 41, Rule 31:

Appellate Court gives its judgement in writing including:

1. All the points for determination.

2. Decision on the points.

3. Reasons of the decision.

4. Relief for which appellant is entitled.

Provisions of copies of final judgement: In civil suits copies of

judgement are provided on cost whereas the copies of the
judgement are provided free of cost in criminal cases. They are
also sent to lower Court of judgement.

Grounds of additional evidence or appeal Order 41, Rule 27:

1. Generally: It is not permitted in general.

2. Exception:

a) Refusal to admit evidence: Original court has omitted

to refuse the evidence.
38 | P a g e
b) Appellate Court desires witness:

c) Appellate Court desires document:

d) Permission of Court:

e) Recording of reasons:

f) Any other substantial cause:

g) Subsequent event:

Reference u/s 113: The decision of a question by a referee. Any

lower Court may refer points for determination to its superior
Court. Although this is duty of the every Court to decide the
case after getting through the depth of the case, but some times
assistance of the higher Court is sought. And higher Court may
also put an important question to High Court to get its opinion.

Review u/s 114: It means the reconsideration of the judgement

on the application of a party dissatisfied. Review is made by the
Court, which passes the decree or makes the order. Aggrieved
person may institute appeal for review:

39 | P a g e
1. Where appeal is not preferred: Where decree or order
from which an appeal is allowed but the party aggrieved has not
preferred the appeal.

2. Where appeal is not allowed: Where the Code of Civil

Procedure does not allow appeal for such decree or order passed
by the Court.

3. On the decision of Small Cause Court: Where Small

Cause Court has decision upon reference.

4. Only aggrieved party:

5. Objection on decree:

6. Objection on Order:

7. Where appeal is allowed:

Revision u/s 115: The jurisdiction exercised by the High Court

under this section is called Revisional Jurisdiction. Conditions
for the application of revision are as follows:

1. Subordinate Court appears to have exercised a

jurisdiction not vested in it by law.

40 | P a g e
2. Subordinate Court has failed to exercise a jurisdiction
vested in it by law.

3. Such Court has acted in the exercise of its jurisdiction

illegally or with material irregularity.

Above are the cases in which High Court can interfere. High
Court cannot interfere in all other cases. Revision lies in the
following cases:

1. Jurisdiction without law:

2. Where jurisdiction fails to exercise:

3. Illegally exercise:

4. Material irregularity:

5. Case decided:

6. Decision of subordinate court:

7. Extinction of appeal right:

8. Code of Civil Procedure violation:

9. Substantial error:
41 | P a g e
Exemption of certain woman from personal appearance u/s
132: Where parda observing lady cannot appear in Court due to
customs of the country, she cannot be compelled to appear
personally in the Court. Accused also can apply for the
exemption from appearance on certain reasons such as bodily
infirmity, old age factor, or imprisonment. She has to prove that
upto what extent she is parda observing. Where she is ultra
modern lady, who wears skirt and visits Liberty Market etc.,
cannot keep away herself from appearance in Court. Generally
law leans in favour of women.

U/s 133 also Provincial Government may exempt any person

from the personal appearance in Court keeping in view of the
rank of the employee. Government prepares the list of such
exempted persons with residential addresses and provides to
High Court and such subordinate Court in whose jurisdiction
they reside.

U/s 135 Judges and Magistrates are also exempted to arrest

in civil suits while returning from courts or while presiding
in Court.

1. Personal appearance and consequence Order 9, Rule 1

to 12:

a) Where party applies for summoning:

42 | P a g e
b) Where law requires:

c) Where important question is involved:

d) Where remedy requires:

e) Where justice requires:

2. Consequences:

a) Dismissal:

b) Warrant:

c) Ex-parte:

d) Cost:

e) Special cost:

f) Second summon:

g) Res-judicata:

h) Pronouncement:

43 | P a g e
Language of subordinate Court: English is the language of
subordinate courts but upon request and payment of cost,
translation may be provided to the party. Some time litigation is
started in English, continuous in Urdu, and ends in Punjabi. It is
against the decorum of the Court. To maintain the discipline of
the Court is the duty of Judge concerned. It increases the respect
of Court.

Judges regulate the proceedings of the courts. It is the duty of

the Court to streamline the proceedings.

Inherent powers of courts: S. 151 of Code of Civil Procedure

provides the inherent powers to civil courts to exercise such
powers which are necessary to ensure justice and which are
necessary to prevent abuse of the process of the Court. This
power is not available in criminal side. Only civil courts enjoy
this power. Since Code of Civil Procedure is not fully
exhaustive, therefore, Court in many cases, where the
circumstances require it, acts upon the assumption of the
possessions of an inherent power to act ex debito justitiae and
to do that real and substantial justice for the administration of
which alone it exists.

Circumstances in which Court may exercise its inherent powers:

Following are the circumstances in which Court may exercise its
inherent powers:

44 | P a g e
1. Abuse of process: Where the Court by employing a
procedure does something that it never intended and there is
miscarriage of justice, the Court possesses inherent powers to
rectify such mistake, as an act of Court should not prejudice any
person.

2. Lack of provisions: Codified law is never fully exhaustive

in nature at all. It always lacks sufficient provisions. Where law
lacks, inherent powers of Court fill this space.

3. Non-Islamic provisions: Where law provides provisions in

contravention to Islamic Injunction, Court can exercise its
inherent power to avoid its un-Islamic application.

4. Where substantial justice is unavailable: The inherent

powers can only be exercised where there is no express
provision of law is applicable to the case, and as such where an
express provision of law is applicable, the Court will not invoke
its inherent jurisdiction.

5. Consolidation of suits: Court may pass order for the

consolidation of suits where more than one suits of the same
nature are pending at different forums so that they may be
discharged at once.

45 | P a g e
6. Abuse of power:

7. End of justice:

8. To prevent abuse of power:

9. Re-hearing and ex-parte decree:

10. Refund of fee excess paid:

11. Making good of deficient court fee:

12. Rectification of error in Order:

It must also be noted that Court has no inherent power to do,

which is prohibited by this code. Thus, a Court has no power
after the judgement is signed to alter or add to it as to do so
would be in direct contravention of the provisions of Order 20,
Rule 3.

Amendment of judgements, decrees, or orders u/s 152: Court

is not free from error and may commit error or omission while
making judgement, decree, or order. There are only two cases in
which Court can amend or vary a decree or order after it is
drawn up and signed, namely:

46 | P a g e
1. Inherent power: Under its inherent powers, when the
decree or order does not correctly state what the Court actually
decided and intended.

2. Clerical error: Under this section, where there has been a

clerical or arithmetical mistake, or an error arising from an
accidental slip or omission.

3. Arithmetical error:

4. Omission:

5. Suo Motu:

6. On application:

7. Application u/s 100:

8. Review u/s 114:

How the amendment in judgement is made: U/s 152 Court

can use its powers to amend or alter the judgement where it
discloses any mistake or error. There are two ways under which
deficiency can be made good:

47 | P a g e
1. At own motion: Where Court find any error on the face of
record can modify it without effecting the substantive part of the
judgement at own motion.

2. On application: Where party applies for the rectification

of error, Court may entertain it under its powers and may rectify
it.

Inherent power to amend decrees and orders: Every Court

has an inherent power to vary or amend its own decree or order
so as to carry out its own meaning. In so doing, it does nothing
but exercise a power to correct a mistake of its ministerial
officer by whom the decree or order was drawn up, it only
insists that the decree drawn up in the office of the Court should
correctly express the judgement given by the Court. It would be
perfectly shocking if the Court could not rectify an error, which
is really the error of its own minister. When an error has been
committed, if is always within the competency of the Court, if
nothing has intervened which would render it inexpedient or
inequitable to do so, to correct the record in order to bring it into
harmony with the order which the Judge obviously meant to
pronounce.

Illustration: A sues B for Rs. 5,000/- and interest. The

judgement is for Rs. 4,000/- without more. The decree is drawn
up in accordance with the judgement. A then applies to amend
the decree by adding an order for payment of interest. The
48 | P a g e
application must be refused, for the decree does not add variance
with the judgement. If A is aggrieved by the decree, the proper
Court for him is to apply for a review of judgement or to appeal
from the decree.

A and B enter into an agreement for partition of certain

properties. B fails to convey to A the properties of A’s share. A
sues B for specific performance of the agreement and a decree is
passed declaring only that “A is entitled to specific performance
of the agreement”. The usual form is to declare that “agreement
ought to be specifically performed, and the Court both order and
decree that the same be specifically performed (i.e., both by A
and B)”. The decree may be amended so as to put it in the usual
form; (In the above case, the amendment was necessary, for the
decree as drawn up did not contain any direction to A to convey
to B the properties of B’s share, but declared only that A was
entitled to specific performance.)

A sues B and C for Rs. 5,000/-. The judgement awards Rs.

5,000/- to A “as prayed” (i.e., as against B and C). B draws up
the decree so as to render amount payable alone. The decree
may be amended and brought into conformity with judgement.

Failure in filing written statement under Order 8, Rule 10: When

Court fixes the date for filing the written statement and party
responsible fails to do so within time stipulated, is liable to
either strike off or passing of new order, as Court thinks fit.
49 | P a g e
Court attains the right to pronounce the judgement against
defendant. It is to keep in mind that this right of Court is not
available in all cases. This provision of law is applicable in
certain cases.

Some time Court imposes cost to parties in order to prevent the

abuse of process. Process in Court is not to be taken lightly and
non-seriously. It is a forum of judgement. Wrong use of this
forum may cause failure in declaration of rights and
pronouncement of fair judgement. Court is duty bound to ensure
the decorum of Court by every possible mean. Courts ensure the
end of justice and prevention of abuse by this power. Court may
do anything whatever she wants to perform its functions.

Institution of suits u/s 26 and Order 4: Section 26 and Order 4

are identical so far as institution of suits is concerned. Every suit
is instituted by presentation of the plaint in manners prescribed.
Order 5 and 6 prescribes the procedure to present plaint for the
institution of suit.

Pleading is a mother of every case and every pleading

contains:

1. Plaint: It is complaint against defendant and its

originator is called plaintiff.

50 | P a g e
2. Written statement: It is reply of plaint. Its maker is
termed as defendant.

3. Issues Varied points of plaint and written statement are

called facts in issues.

4. Evidence Support of facts in issues produced by both

plaintiff and defendant is called evidence to prove or
disprove their claims.

5. Arguments: It is a stage of suit or case after evidence

and before judgement. Both parties discuss their claims.

6. Judgement: It is a conclusion of the suit or case.

First appeal lies in the Court of District Judge. Second

appeal lies to High Court whereas final appeal lies to
Supreme Court.

1. Plea: It is a charge or answer of charge.

2. Plead: To plead means to address the Court on behalf

of either the plaintiff or the defendant.

3. Pleader :He is advocate who appears in the Court of

law.

51 | P a g e
4. Pleading: Pleading therefore would mean statement-
making acquisition of allegation and replies thereto made in
a legal action.

Pleadings are statements in writing drawn up and filed by each

party to a case, stating what his contentions will be at the trial
and giving all such details as his opponent needs to know in
order to prepare his case in answer.

Every pleading shall contain, and contain only, a statement in a

concise form of the material facts, on which the party pleading
relies for his claim or defence, as the case may be, but not the
evidence by which they are to be proved.

Written or printed statements delivered alternately by the parties

to one another, until the questions of fact and law to be decided
in an action have been ascertained, i.e., until issue is joined.

52 | P a g e
 Third and Final Appeal (Supreme Court)
Above chart shows the proceedings and at any stage Court may
(discretionary) permit either party to alter or amend the plaint or
written statement. Application is made to the Judge concerned
for alteration, which must be bona-fide and not scandalous,
mala-fide, or prejudice.

Plaint under Order 7, Rule 1: The plaint contains the

following particulars:

1. Name of Court: Every plaint must contain the name of

Court in which plaint is to be brought.

2. Particulars of plaintiff: Name and place of residence of

the plaintiff is described.

3. Particulars of defendant: Name and address of the

defendant whichever is provided.

4. Particular of second defendant: In the suits against

government, minor, or inter-pleader suits, always two
defendants are entertained.

5. Statement of next friend: Where plaintiff or defendant is

minor, statement of his next friend is included in the plaint.

53 | P a g e
6. Facts of the issue: The plaintiff must give such particulars
as will enable the defendant and the Court to ascertain from the
plaint whether in fact and in law the cause of action did arise as
alleged or not. The plaintiff’s mere statement that it did arise or
that he has a good cause of action is useless for this purpose.

7. Jurisdiction of Court: In which Court plaint is filed must

have power to proceed the suit. Normally the place of residence
of defendant is taken into consideration for filing the suit.

8. Relief clause: Plaint without pray for relief is useless.

Where plaint lacks pray no remedy is granted.

9. Set off clause: Where plaintiff wants to set off or

relinquish claim, must state in plaint otherwise plaintiff shall
lose the remedy.

10. Court fee: Statement of the value of the subject matter of

the suit for the purposes of jurisdiction and of Court fees so far
as the case admits.

Rejection of plaint under Order 7, Rule 11:

Following are the grounds in which plaints are rejected:

1. Where plaint does not disclose a cause of action: It is

obligatory upon the Court to reject a plaint if it did not disclose a
54 | P a g e
cause of action, and its existence is to be discovered from plaint
only.

2. Where the relief claimed is undervalued: If the relief

claimed is undervalued and the valuation is not corrected within
the time fixed by the Court the plaint must be rejected and such
rejection is a dismissal of the suit, though the plaintiff may
present a fresh plaint under Order 7, Rule 13.

3. Where a plaint is written upon paper insufficient

stamped:

The following points are to be noted in connection with this

clause:

(1) Where a plaint is written upon paper insufficiently

stamped the Court is bound to give the plaintiff time to make
good the deficiency. Reasonable time must be allowed after the
Court has decided that the Court fee paid is insufficient and
within the time allowed, if the plaintiff cannot pay, he may
apply to continue the suit as a pauper.

(2) If the plaintiff fails to supply the requisite stamp paper

within the period fixed by the Court, the plaint may be rejected
under this rule, even after it has been numbered and registered as
a suit. The reason is that the power to reject a plaint under this

55 | P a g e
rule is not exhausted when the plaint has been admitted and
registered.

(3) A plaint is presented on the last day allowed by the law

of limitation. It is written upon paper insufficiently stamped.
The plaintiff is ordered to supply the requisite stamp paper
within a week. The order is complied with on the fourth day
after the date of presentation of the plaint. This would
necessarily be after the expiration of the period of limitation
prescribed for the institution of the suit. Can the plaint be
admitted under these circumstances? Under the code it can be.

4. Suit barred by any law: Where a suit appears from

statements in the plaint to be barred by the law of limitation but
the plaint is not rejected when presented, the Court may in
proper case allow the plaint to be amended at the hearing. Where
a suit is brought against the Secretary of State without giving the
notice required by S. 80, the plaint should be rejected under this
code.

5. Where no appeal lies:

6. Interim:

7. Wrong addition of plaintiff Order 21:

8. No resjudicata:
56 | P a g e
9. Claim undervalue:

10. Failure in correction:

Dismissal of plaint:

1. When case is not proved:

2. Conclusion on merit:

3. Appeal lies:

4. Finality:

5. Res-judicata:

6. Res-subjudice:

Misjoinder, non-joinder – explanation and its complications

Order 1, Rule 9 and 13:

1. Mis-joinder: He is irrelevant person whose joining is

illegal.

2. Power of court to cease party:

57 | P a g e
3. Non-joining: Where no one joins and effective decision
cannot be given. It is non-joining of the necessary party.

4. Power of court: Court may include or exclude any

party at any stage of pleadings.

5. Way to use power:

a) Application:

b) Suo motu:

6. Implications:

a) No decision:

b) No rights:

c) No justice:

d) Dismissal of suit:

e) Objections:

Examination of parties by the Court under Order 10: There

are always two parties in civil cases. They may either be

58 | P a g e
plaintiff and defendant; appellant and respondent; or petitioner
and respondent. Both parties allege against each other.

For example, A advances loan to B for Rs. 10,000/- on a certain

date by an properly executed promissory note, signed and
witnessed. B neither pays back the loan nor responses to A. A
institutes a case against B to which B denies.

Court ascertains certain facts such as whether A has advanced

loan to B, promissory note is original or forged, on which date it
was executed etc. These objections are put by the examination in
chief. He ascertains about the loan, date of loan, promissory
note, and witnesses. He uses oath to do this. An advocate of
plaintiff plays role as examination in chief.

Advocate of defendant makes cross-questions. He ascertains

about the time of advance the loan, place where loan was
advanced, medium of loan whether what was the denomination
of the currency notes, relationship of witnesses with plaintiff,
payment before witnesses or not, in what position whether
sitting or standing position at the time of handing over currency,
if sitting, what was the sitting mode whether chair or cot was
used etc. Statement of witnesses may vary or match. Witnesses
take oath before making any statement.

Muslim shall be required to repeat the, “I swear by Allah, the

Almighty that I will give true evidence; and if I give false
59 | P a g e
evidence, I would thereby invoke wrath and curse of Allah on
me.”

Hindu shall be required to repeat the, “I solemnly affirm in

the presence of Almighty God that what I shall state shall be the
truth, the whole truth and nothing but the truth.”

Production, impounding (confine), and return of documents

under Order 13: This Order deals with the procedure about the
production of document, their retention and return. Original
documents are preferred as compare to photocopies. Where
photocopy is allowed it must be get copied from original one
and not from copy to copy. Documents, which are not made part
of record, are returned subsequently.

Disposal of the suit at the first hearing under Order 15:

There are certain grounds on which Court may pronounce
judgement on first hearing, for example:

1. Where parties are not concerned with any question of

law or fact.

2. Where there is irrelevant defendant, Court may

pronounce judgement against the irrelevant defendant and
case remains in proceeding against other defendants who are
at issue of either question of law or fact.

60 | P a g e
3. Where Court comes to conclusion that further
arguments or evidence is not required, and immediate
judgement shall not affect the essence of justice, Court may
pronounce judgement at very first hearing.

4. Where parties are present in Court and have no

objection in settlement, Court pronounces the judgement.

5. Where parties fail to produce evidence after issuing the

summons.

Summons and attendance of witnesses under Order 16: All

parties in suit present a list of witnesses in Court, whom they
propose to call, not later than seven days after the settlement of
issue.

The parties can be permitted by the Court to call witnesses other

than those mentioned in the list so provided by the parties only
on showing good cause, and if the Court grants such permission,
it shall record the reasons.

Where party applies for summoning the witnesses on any

reason, Court may impose cost or may demand expenses for the
production of witnesses. This cost remains reasonable. These
expenses are payable to person who is called to appear in Court.
Court pays this amount to person. Expenses are paid to defray
(to meet cost) the expenses of the detention of witnesses.
61 | P a g e
Court issues summons to call witness in Court where he is
required to testify the statement. Where he commits default after
commitment, cost is imposed to him to ensure his presence in
Court. Salary may also be attached if he is employee. Salary
may be deposited into government treasury if he continuously
commits default in presence to Court. His property may also be
attached, retained, sold if he commits default in presence in
Court upon summons. Arrest and civil prison are also methods
to compel for presence in Court. Civil prison is confined upto
maximum thirty days. Court may issue summons either normal
or coercive.

Powers of court to summon witnesses u/s 32 and Order 16,

Rule 10:

1. Cost:

2. Proclamation: It is issued to attend the court.

3. Production of document:

4. Warrant:

5. Attachment:

6. Fine:
62 | P a g e
7. Arrest:

8. Adjournment:

9. Dismissal of suit:

Adjournment under Order 17: Where Court thinks fit and

where there are sufficient reason with prejudice or defeat of
justice, Court may allow time to parties. There may be certain
reasons such as absence of counsel, witnesses, or Judge. Where
party makes request for next date, Court may impose cost
reasonably. Engagement of lawyer in other Court is also a
reason of being his absence. Court may close the evidence of
defaulted party for the pronouncement of judgement. Person
once defaulted may be debarred to give evidence in subsequent
cases.

Judgement and decree under Order 20: S. 33 of Code of Civil

Procedure is corresponding to Order 20. Where case has been
heard and all the formalities have been completed, Court
pronounces the judgement. Where evidence has been completed,
Court fixes the time for maximum fifteen days for the
arguments.

Where case has been completed, Court pronounces judgement

within thirty days from the completion of such proceedings.
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Judgement is written and signed by the Judge making it. It
remains invalid until it is signed. Judgement contains details on
each issue in facts.

Withdrawal and adjustment of suits under Order 23: After

institution of suit any party either plaintiff or defendant may
withdraw suit. Defect in suit and any other reason which Court
thinks fit, may cause adjudge the suit. Parties may institute fresh
suit after removal of defects.

Where suit is withdrawn without permission of Court,

withdrawing party has to pay costs to other party amount of
which Court sets.

Time limitation for fresh suit Order 23, Rule 2: Extra time
limit is not provided where party institutes fresh suit with the
permission of Court. Court treats it first suit.

Compromise of suit Order 23, Rule 3: Where parties make

lawful agreement for the withdrawal of suit and satisfy Court,
Court adjudges the suit and passes a decree according to the
nature of suit.

The agreement, compromise, or satisfaction contemplated by

this rule may, relate to the whole suit, it may relate only to a part
thereof, or it may also compromise matters that do not relate to
the suit.
64 | P a g e
When the agreement relates to the whole suit, the Court must, on
being invited by the parties, record the agreement, and passes a
decree in accordance with the agreement, and the suit, stops
there.

Where the agreement relates to a part only of the suit, the Court
must, on the application of the parties, passes a decree in
accordance with the agreement and the suit may be proceeded
with as to the rest. But the Court is not obliged to pass a decree
as soon as the compromise is recorded. In the case of a
compromise of part of a suit, which did not include a party
whose interest could not be separated, the Court was held to be
justified in postponing passing a decree until the termination of
the suit.

Commissions to examine witnesses under Order 26: In any suit

in which party cannot appear before Court due to any reason
permissible, i.e., pardanasheen lady, sickness, or infirmity of the
party, Court may constitute a commission for examination on
interrogatories on spot. Commission goes to party physically
and examine his statement. Commission is constituted for the
following purposes namely:

1. To examine any person in suit.

2. For local investigation.

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3. To inspect and jam the accounts.

4. For the purpose of partitioning of the property.

Suits by or against minor and persons of unsound mind

Order 32: Where a person is minor, in civil suit, suit shall be
instituted in his own name through his next friend.

Who is minor: Every Pakistani who has not completed the age
of 18 years is considered minor. In cases where Court appoints
guardian for the person or property or where Court is in
superintendence of the property and person, the person attains
the age of majority at 21 years according to Majority Act, XI of
1875, u/s. 3. In either case whether minor is plaintiff or
defendant, case is filed either through his next friend or
guardian. Where guardian is not available, Court first decides
his guardian and then allows the filing of suit. This step is taken
to protect the interest of minor.

Who is next friend: Any person who is nearer to minor is

supposed his next friend. In case of death of father of minor,
mother has best title being best friend. Where mother also dies
then maternal grandmother, paternal grandmother, maternal
uncle, paternal uncle etc. have best rights to be next friend. Step
relatives have not right being the next friend.

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Agreement of compromise by next friend or guardian for the suit
Order 32, Rule 7: In normal circumstance any party in suit may
compromise on suit out of the Court and may inform Court to
close the case. Court has no objection if parties decide the case
at their own level. But as far as minor is concerned, Court has to
satisfaction whether the compromise which next friend of the
minor has made is in the best interest of minor. Where Court
satisfies, allows next friend of minor to make compromise.

1. Suit by next friend:

2. In his own name:

3. Suit without next friend: Please pay cost.

4. Receipt of property/money with the leave of court:

5. Proceedings stayed on retirement:

Compromise without leave of Court: Where next friend

compromises without the leave of Court, shall be voidable on
the option of minor.

Compromise on the behalf of minor Order 32, Rule 7:

1. In bad-faith:

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2. Against the interest:

3. Negligence:

4. Unlawful agreement:

5. Without leave of court:

6. After retirement:

7. After removal:

Retirement of guardian Order 32, Rule 11: Guardian may

retire at any time. There are three grounds for the retirement or
removal of guardian, i.e., having no interest in the matters
relating to minor, death, or incapacity to act as guardian. Where
guardian dies, removes, or retires during the pendency of case in
Court, Court appoints new guardian in his place.

Suits by paupers (destitute, beggar, insolvent) Order 33: Any

person who is pauper may institute suit with the leave of Court.
He is exempted from the payment of Court fee.

Who is pauper: A person who does not possess of sufficient

means to enable him to pay the fee prescribed by law for the
plaint in such suit, or, where no such fee is prescribed, when he

68 | P a g e
is not entitled to property worth one thousand rupees other than
his necessary wearing apparel and the subject matter of the suit.

A person in receipt of relief under, formerly, the poor laws is

pauper. A person suing or defending an action in forma
pauperis.

Summary procedure in negotiable instruments Order 37:

Courts do not indulge in lengthy process where negotiable
instrument is under consideration. Normally Court issues
summons to defendants and hear their viewpoint. But as far as
cases of negotiable instruments are concerned, courts do not call
defendants to defend the case. It is because noting on Bill of
Exchange is considered conclusive proof of the refusal of
payment of negotiable instrument. If defendant wants to defend
the case, he has to get leave of Court. High Court or District
Judge has jurisdiction over the matter or any other Civil Court to
which High Court notifies.

Arrest and attachment before judgement Order 38: Order for

arrest of attachment of property can be passed in following
circumstances:

1. Secret departs from jurisdiction: Court has no

jurisdiction outside its territorial limits. Where a case is being
processed in Lahore and defendant plans to leave Lahore for
Karachi, jurisdiction of Court may be vitiated. It also defeats and
69 | P a g e
frustrates the case. Said person can be ordered to produce
sufficient security to remain in Lahore or attend the Court as and
when Court wants. Remaining in local jurisdiction ensures
justice.

2. Likely secret depart from jurisdiction: Where defendant

has not departed form local jurisdiction but may depart secretly
keeping in view of the expected judgement of the Court, security
can be ordered to ensure his remaining within local limits of
jurisdiction.

3. Disposal or removal of property from jurisdiction:

Property, which is under litigation and determination of Court,
cannot be disposed of or removed until the execution of decree.
To ensure its remaining within local jurisdiction, security is
ordered. Its sale or alienation becomes prohibited.

4. Likely to leave Pakistan: When defendant is likely to

leave Pakistan and his depart may cause abandon the execution
of decree, he may be arrested before judgement. This arrest is
made to have sufficient security so that proceedings of Court
may not be affected.

5. Removal of property:

6. Damage to property:

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7. Causing delay in execution:

8. Failure in show cause:

9. Failure to furnish security:

10. Delayed compliance:

Particulars not liable to attach u/s 60: Following particulars

shall neither be attached nor sold:

1. Necessary wearing apparels.

2. Cooking vessels.

3. Beds and bedding of the judgement debtor.

4. Wife and children.

5. Personal ornaments as in accordance with religious

usage.

6. Tools of artisans.

7. Tools of agricultural.

8. Cattle.
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9. Seed grain.

10. Food grain exempted.

11. Houses and buildings belonging to agriculturist.

12. Books of accounts.

13. Right of personal service.

14. Stipends and gratuity of pensioners.

15. The wages of laborers and some others.

Property liable to sale in execution is also described u/s 60 of

the Code of Civil Procedure. It contains long list.

Temporary injunctions and interlocutory orders Order 39:

Injunctions are of two kinds, temporary and perpetual.

Temporary injunctions are regulated by Rules 1 and 2 of the
Order 39. Perpetual injunctions are regulated by Ss. 55 to 57 of
the Specific Relief Act, 1877. A party against whom a perpetual
injunction is granted is thereby restrained forever from doing the
act complained of. A perpetual injunction can only be granted
by a final decree made at the hearing and upon the merits of a
72 | P a g e
suit. A temporary or interim injunction, on the other hand, may
be granted on an interlocutory application at any stage of a suit
whiteout considering the merits. The injunction is called
temporary, for it endures (supports) only until the suit is
disposed of or until the further order of the Court.

Duration of temporary injunction: A temporary injunction

may be granted until the suit is disposed of or until the further
order of the Court. When a temporary injunction is granted
“until the further order of the Court” and the injunction is not
dissolved pending the suit, it comes to an end when the suit is
disposed of. After the decree is passed, the Court that passed the
decree has not powers to grant a further temporary injunction.
But if an appeal is preferred from the decree, the appellate
Court, if would seem, may grant a temporary injunction under
this Rule. In an appeal from an order refusing a temporary
injunction, the appellate Court, granted a temporary injunction
“pending final decision of the suit”, and this was held to
terminate with the decree of the lower Court.

Factors, which Court to see before granting temporary

injunction Order 39: Court has to take into account three
factors before granting temporary injunction such as:

1. Prima facie case of plaintiff: Before issuing the

temporary injunction Court has to account for whether plaintiff
has a prima facie case against defendant.
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2. Balance of convenience :It is another factor, which Court
has to consider. It aims that defendant may not construct
building. It should be demanded before the completion of
building. Building which has been constructed completely
causes inconvenience. Injunctions should be prayed before the
completion of the task.

3. Irreparable loss: It should appear on the part of plaintiff

that his case is argue-able and right and if stay is not granted, it
shall cause irreparable loss to plaintiff.

When the Court may vary, set aside, and discharge the
injunction:

1. When is fraud:

2. Where is not right:

3. Where is not infringement:

4. Where no loss is caused:

5. Where nothing happens upon no injunction:

6. Where convenience does not require:

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7. Time compulsion:

8. Object has been achieved:

Before granting the temporary injunction, Court has to

satisfy herself on three factors above. When Court satisfy on the
above three factors, then grants stay order.

Breach of injunction: Where defendant intentionally and

willfully breaches the compliance of injunction, Court has
power to take punitive measures to ensure the compliance of
injunction. They are as follows:

1. Attachment: Court can attach property of the party in

breach for a maximum period of one year.

2. Detention: Person in breach can be detained for a

maximum period of six months.

3. Imprisonment under Pakistan Penal Code: Person who

intentionally offers any insult or causes interruption to any pubic
servant is liable to punish with a simple imprisonment for a term
which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.

4. Further injunction: Plaintiff may seek for further

injunction for the maintenance of status quo (current situation)
75 | P a g e
where defendant causes breach of injunction. Status quo means
remaining the status as such. Status is not changed until the
decision of the Court. As soon as temporary injunction is
granted work stops at once.

First appeal: While first appeal following orders can be passed:

1. Uphold judgement: Court may uphold previous

judgement.

2. Set aside judgement: Court also may set aside previous

judgement.

3. Remand: It may be either partly or full. In remand the

whole suit is reopened and the questions on which the trial Court
may have recorded its findings may be re-agitated, so the
remand should not be arbitrary.

Execution of decrees and orders Order 21: Person in whose

favour decree is issued is termed as “decree holder”, against
whom decree is issued is called “judgement debtor”, and
“decree” itself is judgement of Court. Only the Court which
issues decree is obliged to get it executed, even it is upheld
either in High Court or Supreme Court while appeal. It should
be kept in mind that original jurisdiction for negotiable
instruments and intellectual property is District Court. This is an
exception in such cases. Only District Judge executes the
76 | P a g e
decrees passed in his Court. There are two methods for getting
the decree executed, i.e., oral and written application to the
Court maker of it. Detail of both is as under:

Oral application Order 21, Rule 11: Where decree is passed to

pay amount, Court may order to pay amount on spot. If
judgement debtor refuses to pay the amount, Court may order
for his arrest. As well as judgement debtor pays the decretal
amount, decree or order for payment of amount is executed.

Written application: In general written application is made to get

the decree executed. It must be duly signed and verified by
applicant or another person about whom Court is satisfied that
he know the facts of the case. Application should also
accompany the certified copy of decree. Also following
information is furnished:

1. The number of the suit.

2. The names of the parties.

3. The date of the decree.

4. Whether any appeal has been preferred from the

decree.

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5. Whether any, and (if any) what, payment or other
adjustment of the matter in controversy has been made
between the parties subsequently to the decree.

6. Whether any, and (if any) what, previous applications

have been made for the execution of the decree, the dates of
such applications and their results.

7. The amount with interest (if any) due upon the decree,
or other relief granted thereby, together with particulars for
any cross-decree, whether passed before or after the date of
the decree sought to be executed.

8. The amount of the cost (if any) awarded.

9. The name of the person against whom execution of the

decree is sought.

10. The mode in which the assistance of the Court is

required whether:

a) By the delivery of any property specifically decreed.

b) By the attachment and sale, or by the sale without

attachment, of any property.

c) By the arrest and detention in prison of any person.

78 | P a g e
d) By the appointment of a receiver.

e) Otherwise, as the nature of the relief granted may

require.

Objection on attachment Order 21, Rule 58: There may be a

situation where property is wrongly attached. Such property
holder may raise objection for the removal of attachment. All
questions relating to the right, title, or interest of such outsider
claimant or objector in the attached property are to be
adjudicated upon and determined by the executing Court and not
by a separate suit.

Claims and objections to the attached property may be raised

either by party to the suit or by a stranger. Where a claim or
objection is made by a party to the suit or representative of a
party, it shall be determined in proceedings u/s 47 of the Code of
Civil Procedure and not in any other proceeding.

Rule 58 provides remedy to a person who is not bound by

the decree and who claims any right, title, or interest in the
attached property.

Resistance or obstruction to possession of immovable property

Order 21, Rule 97: S. 74, Rules 97, 98, and 99 are to be read
together. The provisions of Rule 97 are meant to enable
79 | P a g e
determination of genuine third party interests of an independent
character. Possession includes both actual and constructive
possession. This rule applies where resistance is offered to the
decree holder or auction purchaser entitled to the possession of
such property, and it is only who can apply under this rule.

Before Rule 97 can be availed of, the applicant must show some
overt act of resistance. The locking up of the door of the house
amounts obstruction. As soon as the obstruction is made, the
decree holder or the auction purchaser can move an application
under Rule 97. It may even be an oral application. A Court
cannot act suo motu.

Where the decree holder is obstructed by the judgement debtor

or any person claiming under him he may either proceed under
Rule 97 ante (speculation), or apply again under Rule 35 or 36
ante, and thereafter present a fresh application under Rule 97
ante.

Where strangers obstruct a decree holder, he may either proceed

under Rule 97 ante or apply again under Rule 35 or 36 ante.

Where the judgement debtor or some one else claiming under it

obstructs the auction purchaser, he may either apply under Rule
97 ante, or apply again under Rules 95 and 96 ante.

80 | P a g e
Where a stranger obstructs auction purchase, he may proceed
under Rule 97 ante.

The purchaser first makes an application to the Court by way of

execution under Rule 97. That application should not mention
that any particular person is likely to resist. If the process of
execution under these rules is resisted, it is then that an
application under this rule should be made.

Resistance or obstruction by judgement debtor Order 21, Rule

98: This Rule deals with two cases, namely, where obstruction is
occasioned without just cause, i.e., by the judgement debtor, or
by some other person at his instigation.

No order can be made under this Rule if a person other than the
judgement debtor causes the obstruction unless the Court is
satisfied that the person was acting at the instigation of the
judgement debtor. Thirty days’ imprisonment is awarded to who
causes obstruction.

Remedies against ex-parte Order 9, Rule 13:

1. Application under Order 9, Rule 13:

2. Review application u/s 114 and Order 47, Rule 1:

3. Appeal u/s 96 – first appeal:

81 | P a g e
4. Set aside u/s 12(2) – on fraud:

5. Application for re-hearing: Principles of natural justice are

applicable.

6. Revision shall lie u/s 115:

7. Where service of summons was defective:

8. Satisfaction of Court:

9. Presence of sufficient cause:

10. Writ under inherent powers u/s 151:

Where defendant fails to appear Order 9, Rule 11:

1. Continue hearing where one appears:

2. Ex-parte:

3. Summoning:

4. Failure of three months:

5. Continue proceeding where are more defendants:

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Amendment of pleading – when and what Order 6, Rule 17:
Following are grounds:

1. Grounds:

a) New information:

b) New document:

c) New evidence:

d) Omission of necessary fact:

e) Clerical error:

f) Joining of new party:

2. Where not allowed:

a) Where nature of suit changes:

b) Where relief is added:

c) New cause of action:

d) Hampering:
83 | P a g e
e) Where Court thinks unnecessary:

f) Injustice:

3. When is allowed: At any stage of the pleading.

4. Stages of pleading: From plaint to third appeal is called

pleading.

Civil Courts have ultimate jurisdiction u/s 9:

1. What is civil suit:

2. Expressly barred suits:

3. What is not civil suit:

4. Kinds of civil suits:

a) Property:

b) Declaration:

c) Damages:

d) Restitution of rights:
84 | P a g e
e) Where Code of Civil Procedure is applicable:

5. Other cases:

a) Criminal cases:

b) Banking:

c) Labour:

d) Taxes:

e) Customs:

f) Family:

Power of execution Court u/ss 47, 51, and 94:

1. Determination:

2. No additional fee:

3. Delivery of decretal property:

4. Attachment:

85 | P a g e
5. Sale:

6. Arrest:

7. Detention:

8. Appointment of receiver:

9. Any other relief:

10. Issue of warrant u/s 94 :

a) Where may leave country:

b) Where may leave jurisdiction:

c) Likely to leave Pakistan:

11. Demand of security:

12. Civil prison:

13. Temporary injunctions:

14. Matters of execution by separate suit:

a) Delivery of property:
86 | P a g e
b) Attachment:

c) Sale:

d) Arrest:

e) Detention:

f) Receiver:

g) Custom:

h) Illegal:

i) Violation of Code of Civil Procedure:

j) Substantial error:

k) Any matter:

Matters before framing of issues:

1. Plaint:

2. Written statement:

87 | P a g e
3. Jurisdiction:

4. Court fee:

5. Admission of suit:

6. Joinder of necessary parties:

7. Removal of mis-joining:

8. Verification:

9. Summoning:

10. Cause of action:

11. Limitation:

12. Amount of claim:

What issues are and how they are framed Order 14, Rules 1 to 4:

1. What is issue: Varied points of plaint and written statement

are called issues.

2. How framed: They are framed in the very first hearing

after the submission of plaint and written statement.
88 | P a g e
a) Claim:

b) Denial of claim:

c) Claim and defense:

d) Allegation on oath:

e) Allegation in answers:

3. Kinds of issues:

a) Issues of fact:

b) Issues of law:

c) Mixed issues:

4. Importance:

a) Shows disputes:

b) To determine rights:

c) To adduce evidence:

89 | P a g e
d) Base of judgement:

e) Rejection of plaint:

f) Party is not surprised:

g) Opportunity to defend:

Judgement or Order obtained on base of fraud – remedies u/s

12(2) and Order 12, Rule 2:

1. Set aside judgement: Judgment can set aside where it is

proved that it was so obtained on the grounds of fraud.

2. Set aside sale: Where sale has taken place in consequence

of judgment on base of fraud, court may set aside such sale.

3. Arrest: Person defrauding the court may be arrested.

4. Attachment: Property of the decree holder can be attached

if it is obtained on fraud basis.

5. Civil prison: Person obtaining judgment on base of fraud

can be detained in civil prison.

6. Fine:

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7. Damages:

8. Application:

9. Revision:

10. Retrial:

11. Recovery:

12. Re-institution:

13. Limitation extension:

Costs u/ss 35 and 35 – A:

1. Limitation prescribed by law:

2. Discretion of court:

3. Court determines the party:

4. Court determines the property:

5. Extent of cost:

6. Want of jurisdiction is no bar:

91 | P a g e
7. Reasons where cost without event:

8. Interest on costs: 6% pa.

Note on Order 2, Rule 2:

1. Frame of suit:

2. Whole claim: Where more than one claims are arising out
from one transaction, they must be joined in a suit. Its failure
may deprive the clamant in future.

3. Joinder of cause of action: More than one causes of actions

can be joined in a single suit.

4. Separate trial:

5. Objection of misjoinder: Otherwise it is considered waived

off.

6. Entitled claim only:

7. Right of relinquish of portion:

8. Object of relinquish: Jurisdiction.

92 | P a g e
9. Omission to sue: Right to sue ceases subsequently.

10. No sue against relinquish claim:

11. Subsequent sue where leave is granted:

12. Splitting of claim with the leave of Court:

Action of Court where party is in danger:

1. Issue status quo: Issuance of stay order can control the

situation.

2. Injunctions:

3. Arrest:

4. Attachment:

5. Sales:

6. Receiver:

7. Delivery of possession:

8. Issue of warrant:

93 | P a g e
9. Demand of security:

Objection on territorial jurisdiction at appellate or revisional

level: Following are the grounds:

1. Question of fundamental importance:

2. Where pleader gives in writing:

3. Right of appeal diminishes:

4. Substantial error:

5. Relief maybe changed:

6. Fundamental right’s question:

7. Incompetence of court:

Restitution:

1. What is restitution: It is reversal/variance of the

opinion/decision.

2. Circumstances:

a) Refund of costs:
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b) Refund of interest:

c) Damages:

d) Compensation:

e) Mesne profit:

3. How restitution:

a) By application:

b) Also inherent power: It is not appeal-able.

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Code Of Civil Procedure 1908 on Finger Tips

• Amendment In Judgments And Decrees. (SECTION 152)

• Amendment In The Proceedings Of Suit. (SECTION 153)
• Amendment In Party’s Own Pleadings. (ORDER 6, RULE 16)
• Amendment In Opposite Party’s Pleadings. (ORDER 6, RULE 17)
• Amendment In Application For Execution. (ORDER 21, RULE
17)
• Amendment In Issues. (ORDER 14, RULE 5)
• Amendment With Respect To Parties To Suits. (ORDER 1, RULE
10)
• Amendment In Memorandum Of Appeal. (ORDER 41, RULE 3)
• Amendment In Interrogatories. (ORDER 11, RULE 7)

2.PERSONAL APPEARANCE OF PARTIES:

• Court May Order defendant Or Plaintiff To Appear in Person.
(ORDER 5, RULE 3)
• Consequence Of Refusal/Inability By Pleader To Answer.
(ORDER 10, RULE 4(2)).
• Appearance may be In Person Of Party. (ORDER 3, RULE 1)
• Power To Require Personal Attendance Of Officers of
Corporation. (ORDER 29, RULE 3)
3.EXEMPTION FROM PERSONAL APPEARANCE:
i. No witness To Be ordered To Appear In person unless. (ORDER 16,
RULE 19)
ii. No Party To be Ordered To Appear In Person Unless. (ORDER 5,
RULE 4)

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iii. Exemption Of Certain Women From Personal Appearance.
(SECTION 132)
iv.Exemption Of Other Persons. (SECTION 133)
v.Exemption From Personal Appearance. (SECTION 81)

4.EXEMPTION FROM ARREST/DETENTION:

i.Exemption From Arrest And Personal Appearance. (SECTION 81)
ii.Prohibition of Arrest or detention Of Woman In Execution Of Decree
For Money. (SECTION 56)
iii. Procedure in Case Of Suits Against Government. (ORDER, 27
RULE 8)
iv.Exemption Of Arrest Of Women In Execution Of Decree For
Restitution Of Conjugal Rights. (ORDER, 21 RULES 32,33)

5.PRODUCTION OF DOCUMENT:
i.Production of Documents On Which Plaintiff Sues. (ORDER, 7 RULE
14)
ii.Production Of Documents By Defendant with Written Statement.
(ORDER, 8 RULE 1)
iii.Documentary Evidence To Be Produced At The First Hearing.
(ORDER, 13 RULE 1)
iv.Production Of Documents On Subsequent Hearings. (ORDER, 13
RULE 2)

6.REPRESENTATIVE SUITS:
i.Public Charities. (SECTION 92)
ii.One Person May Sue/Defend On Behalf Of All. (ORDER 1, Rule 8)
iii.When Plaintiff Sues As Representative. (ORDER 7, RULE 4)
iv.When Plaintiff Suing In Representative capacity. (ORDER 7, RULE 9
(2) )

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v.Suits By Or Against Firms. (ORDER, 30)
vi.Suits By Or Against Trustees, Executors And Administrators.
(ORDER, 31)
vii.Suits By Or Against Minors. (ORDER 32, RULE 5)
viii.One of several Plaintiffs/Defendants May Obtain Reversal Of Whole
Decree. (ORDER 41, RULE 4)

7.REJECTION OF PLAINT/APPEAL/APPLICATION AND

DOCUMENTS:
i. Rejection Of Plaint (ORDER 7, RULE 11)
ii. Rejection/Amendment of Memorandum Of Appeal (ORDER 41,
RULE 3)
iii. Rejection Of Pauper Application (ORDER 33, RULE 5)
vi. Rejection Of Review Application (ORDER 47, RULE 4,6)
v. Rejection Of Irrelevant/Inadmissible Documents. (ORDER 13, Rule
3)

8.REGISTRATION OF PLAINT/APPEAL/APPLICATION:
i. Register Of Suits. (ORDER 4, RULE 2)
ii. Register Of Memorandum Of Appeal. (ORDER 41, RULE 9)
iii. Register Of Pauper Application. (ORDER 33, RULE 8)
iv.Register Of Review Application. (ORDER 47, RULE 8)

9.ABANDONMENT/RELINQUISHMENT OF CLAIM/SUIT:
i. Relinquishment Of Part Of Claim. (ORDER 2, RULE 2)=BEFORE
INSTITUTION OF SUIT
ii. Withdrawal/Abandonment of Claim. (ORDER 23, RULE 2)=AFTER
INSTITUTION OF SUIT

10.COMPROMISE OF SUIT/APPEAL:

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i.Compromise of suit at initial Stage. (ORDER 23, RULE 3)
ii.Compromise Of suit at Appellate Stage. (ORDER 41, RULE 32)
iii.Compromise By Next Friend/Guardian. (ORDER 32, RULE 7)
iv.Compromise Of Execution Proseedings. (SECTION, 47/ ORDER 21,
RULE 2)
v.No Appeal can be filed against consent/Compromise decree. (Section
96 (3))
vi.Application against the manner in which compromise is recorded.
(SECTION 12 (2))
vii.Where decree is not as per terms of compromise, it can be rectified.
(SECTION 151)

11.PAYMENT BY PARTIES:
i.Payment by judgement debtor in satisfaction of decree. (ORDER
21,RULE 1)
ii.Payment by judgment debtor in satisfaction of decree outside of court.
(ORDER 21, RULE 2)
iii.Payment By Defendant in satisfaction of plaintiff’s claim during the
suit. (ORDER 24, RULE 1)

12.SECURITY FOR COSTS BY

PLAINTIFF/APPLICANT/APPELLANT:
i. When security for costs may be required from plaintiff. (ORDER 25,
RULE 1)
ii. Appelate Court may Require Appellant Furnish security foe costs.
(ORDER 41, RULE 10)
iii. Security in case of order For Execution of decree Appealed from.
(ORDER 41, RULE 6)
iv. Stay By Appellate Court. (ORDER 41, RULE 5 (3)(c))
v.When Witness May Depart. (ORDER 16, RULE 16(2))

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vi. Duties of Receiver to furnish security. (ORDER 40, RULE 3(a))
vii. Security and deposit required on grant of certificate. (ORDER 45,
RULE 7)
viii.Power to order further security/Payment. (ORDER 45, RULE 10)
ix.Powers Of court pending Appeal. (ORDER 45, RULE 13)

13.STATEMENT OF FURTHER AND BETTER PARTICULARS:

i. Further and better statement/particulars. (ORDER 6, RULE 5)
ii. Subsequent pleadings. (ORDER 8, RULE 9)

14.PRONOUNCEMENT OF JUDGEMNT IRRESPECTIVE OF

REGULAR TRIAL OF CIVIL SUIT:
i. Procedure when party fails to present written statement, Judgment
pronounced. (ORDER 8, RULE 10)
ii. Judgment on Admission. (ORDER 12, RULE 6)
iii. Answer To Interrogatories. (ORDER 11, RULE 22)
iv. Inferred/Implied Admissions. (ORDER 8, RULES 2,4,5)
v.Refusal of leave to Defend/Leave was not Taken. (ORDER 37, RULE
2)
vi.Parties Not At Issue, Judgment pronounced at first hearing. (ORDER
15, RULE 1)
vii.Failure to produce Evidence, Judgment may pronounced. (ORDER
15, RULE 4)
viii.Consequence of refusal of party to give evidence. (ORDER 16,
RULE 20)
ix.Consequence of Refusal/Inability of Pleader to Answer. (ORDER 10,
RULE 4 (2))

15.WITNESS CALLED BY COURT NOT NAMED IN LIST OF

WITNESSES:

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i. Ascertainment whether allegations in pleadings admitted/denied.
(ORDER 10, RULE 1)
ii. Court may examine witnesses before framing of issues. (ORDER 14,
RULE 4)
iii. Power to require persons present in court to give Evidence. (ORDER
16, RULE 7)
iv. Court May Summon As Witnesses Strangers To Suit. (ORDER 16,
RULE 14)
v.Court May Recall And Examine Witnesses. (ORDER 18, RULE 17)

16.JUDGMENT ON EVIDENCE RECORDED BY OTHER

JUDGES/PERSONS:
i. Power to deal with Evidence taken before another judge. (ORDER 18,
RULE 15)
ii. Power to pronounce judgment Written by judge’s predecessor.
(ORDER 20, RULE 2)
iii.Cases in which court may issue commission to examine witnesses.
(ORDER 26, RULE 1)
iv.Persons for whose Examination, Commission Issued. (ORDER 26,
RULE 4)
v.Procedure where judge vacated office before signing Decree. (ORDER
20, RULE 8)

17.SET-OFF:
i. Particulars Of Set-off To Be Given In Written statement-LEGAL SET-
OFF. (ORDER 8, RULE 6)
ii. Decee When Set-Off Is Allowed-LEGAL+EQUITABLE SET-OFF.
(ORDER 20, RULE 19)

18.APPEALS FROM ORIGINAL DECREES:

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i. SECTIONS= 96, 97, 98, 99, 107, 108 OF CPC.
ii. ORDER= 41 OF CPC.

19.APPEALS FROM APPELLATE DECREES:

i. SECTIONS= 100, 101, 102, 103, 107, 108 OF CPC.
ii. ORDER= 42 OF CPC.

2O.APPEALS FROM ORDERS:

i. Orders from which Appeal Lies. (SECTION 104)
ii. Appeals from orders. (ORDER 43)

21.PAUPER SUIT/APPEAL:
i. Suits By Paupers. (ORDER 33)
ii. Pauper Appeals. (ORDER 44)

22.APPEALS TO THE SUPREME COURT:

i. Appeals to the Supreme Court. (SECTIONS 109,110,111,112)
ii. Appeals to the Supreme Court. (ORDER 45)

23.REFERENCE OF SUIT/APPEAL:
i. REFERENCE. (SECTION 113)
ii. REFERENCE. (ORDER 46)

24.REVIEW OF JUDGMENT:
i. REVIEW. (SECTION 114)
ii. REVIEW. (ORDER 47)

25.STAY OF EXECUTION OF DECREE:

i. Decree may direct payment by instalments. (ORDER 20, RULE 11)
ii. When court may stay execution. (ORDER 21, RULE 26)

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iii. Stay Of Execution Pending Suit Between Decree-Holder and
Judgment-Debtor. (ORDER 21, RULE 29)
iv. Stay By Appellate Court/By Court which passed the Decree.
(ORDER 41, RULE 5)
v.Security in case of Order For Execution Of Decree Appealed From.
(ORDER 41, RULE 6)
vi.Powers of court pending Appeal. (ORDER 45, RULE 13)

26.RIGHT TO BEGIN:
i. Right to Begin In Court Of First instance.(ORDER 18, RULE 1)
ii. Right To Begin In Appellate Court. (ORDER 41, RULE 16)

27.DISMISSAL OF SUIT/APPEAL:
i. Where neither party appears. (ORDER 9, RULE 3)
ii. Procedure where defendant only appears. (ORDER 9, RULE 8)
iii. Summons not served because of plaintif’s falure to pay costs.
(ORDER 9, RULE 2)
iv. Plaintiff fails after three months to Apply for fresh summons where
summons return unserved. (ORDER 9, RULE 5)
v.Power to dismiss Appeal without sending notice. (ORDER 41, RULE
11)
vi.Dismissal of Appeal For Appellant’s default. (ORDER 41, RULE 17)
vii.Dismissal of Appeal, Notice Not Served To Respondent because of
Appellant’s failure. (ORDER 41, RULE 18)

28.RESTORATION/RE-ADMISSION OF SUIT/APPEAL:
i. Plaintiff May bring fresh suit, when dismissed under Rules 2 and 3 of
Order 9. (ORDER 9, RULE 4)

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ii. Plaintiff may Bring fresh suit, when dismissed under Rule 5.
(ORDER 9, RULE 5(2))
iii. Plaintiff May Bring Application and fresh suit is barred against
dismissal under Rule 8. (ORDER 9, RULE 8)
iv. Re-Admission of Appeal, When Dismissed under Rules 11, 17, 18.
(ORDER 41, RULE 19)

29.EX-PARTE DECREE IN SUIT/APPEAL:

i. Procedure when only plaintiff appears. (ORDER 9, RULE 6)
ii. Hearing Appeal Ex-parte. (ORDER 41, RULE 17(2))

30.SETTING ASIDE OF EX-PARTE DECREE IN SUIT/APPEAL:

i. Setting Aside decree passed ex-parte against defendant. (ORDER 9,
RULE 13)
ii. Re-Hearing On Application of Respondent. (ORDER 41, 21)

31.FURNISHING OF COPIES OF JUDGMENT/DECREE:

i. Certified Copies Of Judgment and Decree to be furnished by court of
first instance. (ORDER 20, RULE 20)
ii. Copies of judgment and decree to be furnished by Appellate court.
(ORDER 41, RULE 36)

32.CONTENTS OF DECREE:
i. Contents of Original decree. (ORDER 2O, RULE 6)
ii. Contents of Appellate decree. (ORDER 41, RUE 35)

33.CONTENTS OF JUDGMENT:
i. Judgment of Original Court. (ORDER 20, RULE 4)
ii. Judgment of Appellate court. (ORDER 41, RULE 31)

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34.RETURN OF PLAINT/MEMORANDUM OF APPEAL:
i. Return Of Plaint. (ORDER 7, RULE 10)
ii. Rejection/Return of Memorandum Of Appeal. (ORDER 41, RULE 3)

35.CAUSE OF ACTION:
i. Suits to be instituted where defendant Resides or Cause of action
arises. (SECTION 20)
ii. Suit To Include Whole claim. (ORDER 2, RULE 2)
iii. joinder of causes of action. (ORDER 2, RULE 3)

36.JOINDER OF PLAINTIFFS/DEFENDANTS/CAUSES OF
ACTION/CLAIMS:
i. Joinder of Plaintiffs. (ORDER 1, RULE 1)
ii. Joinder of Defendants. (ORDER 1, RULE 3)
iii. Joinder Of causes Of Action. (ORDER2, RULE 3)
iv. Joinder of Claims. (ORDER 2, RULE 4)

37.OBJECTIONS ON MIS-JOINDER/NON-JOINDER OF
PARTIES/CAUSES OF ACTION:
i. Objections on Mis-joinder And Non-joinder of parties. (ORDER 1,
RULE 13)
ii. Objections on Mis-joinder, Non-joinder of causes of action. (ORDER
2, RULE 7)

38.POWERS OF COURT TO ORDER SEPARATE TRIALS:

i. Power of court to Order separate Trials. (ORDER 1, RULE 2)
ii. Power of court to order separate Trials. (ORDER 2, RULE 6)

The End
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 ‫ن‬ ‫پ‬ ‫کنسن‬
‫سوکرئیلکرکںی۔‬ ‫امتمابلطءواطابلتانونسٹاکوغبراطمہعلرکںیاوراےنپ‬
‫ڑپاھیئںیمیسکیھبمسقیکرپاشیین‪،‬دوشاریایرامنہیئےکےیلراہطبرکںی۔‬

‫‪All Rights Reserved‬‬

‫‪Muhammad Adnan Masood‬‬
‫‪Advocate High Court‬‬
‫‪0322-7644484‬‬

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