Civil court procedures

1. Presented by:
Adnan Siddiqui
Adnan Ahmed
Saima Abbasi
Sarfaraz Ahmed
Civil
Court

2. Civil Court (Definition)
 A court of law that deals with disagreement
between individual, people or private companies
rather than with criminal activity
Examples:
 a person who is hurt in a car accident sues the
driver of the other car;
 a family sues their doctor when the doctor does not
discover that the mother has cancer in time for the
cancer to be treated.

3. JUDICIARY OF PAKISTAN
SUPERIOR/ HIGHER JUDICIARY
SUPEREME
COURT
FEDERAL
SHARIAH
COURT
HIGH COURT
SUBORDINATE/ LOWER
JUDICIARY
CIVIL
COURTS
CRIMINAL
COURTS
SPECIALIZED
COURTS

4. CIVIL JUSTICE SYSTEM & CIVIL COURTS
The procedure of civil justice
system in Pakistan is governed and
regulated by the Code of Civil
Procedure 1908.
Civil courts in Pakistan are
established by the respective
province under different laws titled
the Civil Courts Ordinance 1962.

5. CLASSES OF CIVIL COURTS
The Court of District Judge
The Court of Additional
District Judge
The Court of Civil Judge

6. CLASSES OF CIVIL COURT(CONT)
Court of District Judge
The court of the District Judge is
the highest court of original civil
jurisdiction in the district.
District judges are appointed by
the Provincial Government in
consultation with the High
Court.

7. CLASSES OF CIVIL COURT (CONT)
Court of Additional District Judges
Additional District Judges are also
appointed by the Provincial
Government

8. CLASSES OF CIVIL COURT (CONT)
Court of Civil Judge
 The power to appoint Civil Judges, to fix the number of
Civil Judges and to make rules prescribing
qualifications for recruitment of persons as Civil Judges
vests in the Provincial Government.
 However, the power to post a Civil Judge to district,
the power to determine the local limits of the
jurisdiction of the Civil Judge and the general power
to fix the pecuniary limits of the jurisdiction of the Civil
Judge vest in the relevant High Court.

9. Features of Civil Courts
1. Recruitment & Promotion:
 Issues of recruitment & promotions
are dealt under the Provincial Civil
Servants Acts.
 Initial induction as Civil Judge-cum-
Judicial Magistrate is made through
the active involvement of the High
Court.
 A Committee of the judges of the
High Court, decides the issue of
promotion of judges.

10. Features of Civil Courts (Cont)
2. Training
 After appointment, the civil judges are usually
attached for a few weeks to the Court
of Senior Civil Judge/District & Sessions Judge to
get practical training.
 They also receive specialized training at the
Federal Judiciary Academy in the respective
provincial judiciary academies.
 Suchtraining is comprised of education in various l
aws, court management, case processing and
judicial procedure, etc.

11. Features of Civil Courts (Cont)
3. Control & Disciplinary Action
 The High Courts exercise supervision and control over the
functioning of the subordinate judiciary.
 However, disciplinary proceedings may be initiated against
a judicial officer by the High Court. Judicial control is also
exercised through revision and appeals being filed in the
High Court against the orders/decisions of the subordinate
courts.
 The High Court carries out its supervisory functions through
inspections and calling of record from the courts. The
Member Inspection Team (MIT) mostly deals with the issue;
 Disciplinary proceedings against judicial officers are
apparently initiated and action taken under the (provincial)
Government Servants (Efficiency and Discipline) Rules.

12. Judiciary Of Pakistan
The Judiciary of Pakistan is a hierarchical system with two classes of courts:
1.The Superior (or higher) Judiciary
 Supreme court of Pakistan
 The Federal Shariah Court and
 Five High Courts
And
2.The Subordinate (or lower) Judiciary.
The subordinate judiciary may be broadly divided into two classes;
 one, civil courts, established under Civil Court Ordinance 1962 and
two,
 criminal courts, created under the Criminal Procedure Code 1898.

13. Structure
I. Judges CJ+16
II. CJ appointed by President as per procedure
laid down in the Constitution
III. Others Administrative Staff= 567
Jurisdiction
I. The Supreme Court is the apex
Court of the land, exercising
original, appellate and
advisory jurisdiction. (Art 25)
II. Its decisions are binding on all
other courts.(Art 26)
III. The Court exercises original
jurisdiction in inter-governmental.
Supreme Court Of Pakistan

14. Structure
I. Judges CJ+7(3 to be Ulema)
II. President appoint from amongst the serving or retired judges
of the Supreme Court or a High Court or any person holding
such qualification
III. Others Administrative Staff= 248
Jurisdiction
I. To determine whether a provision of
law is repugnant to the Injunctions
of Islam. Art 203-D
II. Provisional Jurisdiction in cases under
Hudood laws. Art 203 DD
III. To review its judgment/order. Art 203 E
IV. To punish for its contempt; and
V. Under Hudood laws, hears appeals from judgment/order of
criminal courts.
Federal Shariah Court

15. Structure
There is a High Court in each province and a High Court for the
Islamabad Capital Territory.
I. Sindh CJ+39
II. Lahore CJ + 49
III. Balochistan CJ +10
IV. Peshawar CJ +9
V. Islamabad CJ + 9
Appointment
I. Qualifications mentioned for the
post of a Judge are,
 10 years experience as an advocate of a High Court or
 10 years service as a civil The Judicial System of Pakistan
servant including 3 years experience as a District Judge or
 10 years experience in a judicial office.(Art 35)
High Courts

16. Jurisdiction
There is a High Court in each province and a High
Court for the Islamabad Capital Territory.
I. Art 199(1) To issue 5 writs namely mandamus, prohibition,
certiorari, habeas corpus, and quo warranto;
II. Art 199(2) Enforcement of Fundamental Rights;
III. Art 203 To supervise/control subordinate courts;
IV. Art 204 To punish for its contempt;
High Courts

17. Civil Judge Cum Judicial
Magistrates' Courts
In every town and city, there are numerous Civil and
Judicial Magistrates' Courts. A Magistrate with the powers
of section 30 of Criminal Procedure Code (Cr.P.C.) .
Jurisdiction
They have jurisdiction to hear
 all criminal matters other than those which carry the
death penalty
 may only pass a sentence of up to seven years'
imprisonment

18. Institution of a Law Suit
 You must have standing
To file a lawsuit in court, you have to be someone directly affected by
the legal dispute you are suing about. In legal terms, this is called having
“standing” to file the lawsuit.
 You must have a legal Capacity
Every person has the “legal capacity” to be a party to a lawsuit other
than
i)Children under the age of 18; and
ii)People who are judged mentally incompetent because of illness, age,
or infirmity.
A legal representative is required to file a lawsuit for them

19. Pleading Procedure
(a) CAPTION; NAMES OF PARTIES.
Every pleading must have a caption with the court's name, a
title, a file number, and a Rule 7(a) designation. The title of the
complaint must name all the parties; the title of other
pleadings, after naming the first party on each side, may refer
generally to other parties.
(b) PARAGRAPHS; SEPARATE STATEMENTS.
A party must state its claims or defenses in numbered
paragraphs, each limited as far as practicable to a single set
of circumstances. A later pleading may refer by number to a
paragraph in an earlier pleading. If doing so would promote
clarity, each claim founded on a separate transaction or
occurrence—and each defense other than a denial—must
be stated in a separate count or defense.

20. Pleading Procedure
(C) ADOPTION BY REFERENCE; EXHIBITS.
A statement in a pleading may be adopted
by reference elsewhere in the same
pleading or in any other pleading or motion.
A copy of a written instrument that is an
exhibit to a pleading is a part of the
pleading for all purposes.

22. Procedures

23. 1st Step: Suit Authorization
The case to be filed is authorized from Notary
Public. Notary Public is a public authority allowed
by law to witness and authenticate legal claims.

24. 2nd Step: Power of Attorney
An agreement between the suit filer and an
attorney by law( Lawyer or Barrister at Law) which
empowers the attorney to act in the filer’s place.

25. 3rd Step: Filing of Suit
 Suit is officially filed with the court of law to be
decided.

26. 4th Step: Issuance of Notices and
Summons
Court issues Legal notices and summons to
defendant and plaintiff ordering them to appear in
the court. This step marks the initiation of “Legal
Action”.

27. 5th Step: Defendant is served
Defendant is served with the notices and summons.

28. 6th Step: Defendant to appear in
the court.
Defendant is served with the notice to appear in Court.
1. Defendant fails to appear. (Ex-Parte Judgment is
given)
2. Defendant admits plaintiff’s claim. (Judgment by
Admission)
3. Defendant Refuses the plaintiff’s claim. (moves to 7th
step.)

29. 7th Step: Judicial Proceedings
Judge attends a hearing the court regarding the
case and takes down written statement of plaintiff,
defendant and witnesses.

30. 8th Step: Framing of issues
Both attorneys give their argument over witnesses
and evidence of the case.

31. 9th Step: Judgment is passed
The Judge resolves the case and passes judgment
based on the court hearings.

33. Thank You