Those individuals looking to pursue civil matters in court and they want to know the required documents, timelines, and procedural steps, here is a step by step guide on Filing a Civil Suit in Pakistan
A civil suit is a legal proceeding initiated in a civil court by one party (the plaintiff) against another (the defendant) seeking redress for a wrong or dispute. The process involves several steps, from drafting the plaint to the final judgment.
Step-by-Step Guide to Filing a Civil Suit in Pakistan
- Determining the Cause of Action:
- The cause of action is the legal basis for the suit, i.e., the set of facts that entitle the plaintiff to seek a legal remedy. It must be clearly identified before filing the suit.
- Identifying the Appropriate Court:
- Section 15, The Code of Civil Procedure, 1908: Every suit shall be instituted in the Court of the lowest grade competent to try it.
- The Punjab Civil Courts Ordinance, 1962: Specifies the classes of civil courts, including the Court of the District Judge, Additional District Judge, and Civil Judge.
- Territorial Jurisdiction: Ensure the court has territorial jurisdiction over the subject matter of the suit. The suit should be filed where the cause of action arises or where the defendant resides or conducts business.
- Drafting the Plaint:
- The plaint is the initial document filed by the plaintiff, containing all the necessary facts and details of the case.
- It should include:
- The name of the court
- The names, descriptions, and places of residence of the plaintiff and defendant
- A statement of the claim
- The facts constituting the cause of action and when it arose
- The relief sought
- A verification clause confirming the accuracy of the contents
- Filing the Suit:
- The plaint is filed in the appropriate court along with the required court fee, which is determined based on the nature and value of the suit.
- Summons to the Defendant:
- Section 27, The Code of Civil Procedure, 1908: Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim.
- Once the suit is filed, the court issues a summons to the defendant, directing them to appear and respond to the claim.
- Defendant’s Written Statement:
- The defendant must file a written statement in response to the plaint, either admitting or denying the claims made by the plaintiff.
- The written statement should contain all relevant facts and legal defenses.
- Replication by Plaintiff:
- The plaintiff may file a replication in response to the defendant’s written statement, clarifying their stance on the issues raised by the defendant.
- Framing of Issues:
- The court frames the issues based on the pleadings of both parties. These are the specific questions that the court will decide upon.
- Evidence:
- Both parties present their evidence, which may include oral testimony of witnesses and documentary evidence.
- The plaintiff presents their evidence first, followed by the defendant.
- Arguments:
- After the evidence is presented, both parties present their arguments based on the evidence and the applicable law.
- Judgment:
- The court then pronounces its judgment, which contains the decision on each of the framed issues, the reasons for the decision, and the relief granted (if any).
- Decree:
- Based on the judgment, a decree is prepared, which formally states the orders of the court.
- Execution:
- If the judgment is in favor of the plaintiff, they can apply for execution of the decree to enforce the orders of the court.
Types of Civil Suits
Civil suits can be broadly categorized based on their subject matter:
- Suits for Recovery of Money:
- Filed to recover debts, loans, or other financial obligations.
- Suits for Specific Performance:
- Filed to enforce a contract, compelling the defendant to perform their obligations as agreed.
- Suits for Declaration:
- Filed to obtain a declaratory decree regarding a legal right or status.
- Suits for Injunction:
- Filed to seek a court order preventing the defendant from doing a particular act (prohibitory injunction) or requiring them to do a particular act (mandatory injunction).
- Suits Relating to Property:
- Filed to resolve disputes related to ownership, possession, or partition of property.
- Suits for Damages:
- Filed to seek compensation for damages caused by the defendant’s actions or negligence.
Required Documents
- Plaint
- Written Statement (by defendant)
- Replication (by plaintiff, if necessary)
- Documentary evidence (contracts, receipts, letters, etc.)
- List of witnesses and their affidavits
- Any other relevant documents
Important Considerations
- Limitation: Ensure the suit is filed within the prescribed limitation period, as specified in the Limitation Act.
- Cause of Action: Clearly state the cause of action and ensure it falls within the jurisdiction of the court.
- Legal Representation: It is advisable to seek legal representation to ensure proper drafting and presentation of the case.
- Alternative Dispute Resolution: Consider alternative dispute resolution mechanisms like mediation or arbitration to resolve the dispute amicably and efficiently.
- Miscellaneous proceedings: The procedure provided in this Code with regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
- Section 141 of The Code of Civil Procedure, 1908