Some important things for new lawyers and litigants

Posted by Admin on Sat January 18th, 2020
Some important things for new lawyers and litigants who want to build some basic understanding of legal basic level legal procedures and rules.
  • Every civil suit is filed in the lowest court of a district which is the court of Senior Civil Judge.
  • A summary suit under Order 37 of CPC is filed in the court of a district judge.
  • Family suits are governed by the Family Courts Act, 1964 in Pakistan.
  • Another statute that governs family suits is West Pakistan Family Court Rules, 1965.
  • In the case of family suits, it is filed at the place where the female resides even if she resides temporarily.
  • Visitation is a right for both the parents. It cannot be denied by courts unless any one of them has defaulted.
  • Stay order can be permanent or temporary.
  • Perpetual or permanent stay is granted under the Specific Relief Act 1877.
  • Temporary Injunction or stay is granted under order 39 rules 1 & 2 of CPC.
  • Any application can be given anytime in a civil suit and Judge is bound to admit or dismiss it.
  • A decree can be preliminary or final. It is always appeal-able.
  • An order is generally revision-able unless it falls under the ambit of section 104 or order 43 of CPC.
  • The time for filing first appeal in civil cases is 30 days.
  • The time for filing the second appeal in civil cases is 60 days.
  • The time for filing civil revision is 90 days.
  • Civil revision is filed under section 115 of CPC.
  • The petitioner is bound to provide all the records of a trial court in a civil revision.
  • The first appeal can have a question of law as well as the question of fact.
  • The second appeal is only filed on the Question of Law.
  • In normal civil cases, the first appeal is filed in the court of a district judge.
  • In normal civil cases, the second appeal is filed in High Court.
  • Civil court has unlimited pecuniary jurisdiction under the West Pakistan Civil Courts Act 1962.
  • In normal practice, different local governments have set different limits for the pecuniary jurisdiction of civil courts.
  • When a case is filed in the high court for the first time it is heard by a single bench.
  • An appeal of a decision of single bench can be heard by a division bench or full court in Intra Court Appeal.
  • For challenging a decision of DB or Full Court a leave to appeal is filed in the Supreme Court.
  • When Supreme Court accepts leave to appeal then the case is heard in Supreme Court.
  • A case of public interest can be directly filed under Article 184(3) of the Constitution of Pakistan.
  • Normally appeals in Supreme Court are filed under article 185 of the Constitution of the Islamic Republic of Pakistan.
  • Writs are of 5 types.
  • Writs are usually filed under article 199 of the constitution of the Islamic Republic of Pakistan.
  • Writ of Habeas Corpus is filed in Session court under section 491 of CrPC.
  • Inherent Powers of Civil Courts can be invoked under section 151 of CPC.
  • Courts have powers to appoint local commission under order 26 of CPC.
  • In cases of contempt of court regarding temporary injunction, a local commission is appointed under order 39 rule 7 of CPC.
  • Property can be attached and the accused can be imprisoned for 6 months in contempt under order 39 of CPC.
  • A review is done by the same court passing the judgment.
  • A review petition is filed under order 47 rule 1 of CPC.
  • Order 21 of CPC deals with the execution proceedings
  • The plaintiff has a time of 3 years to file execution.
  • Limitation in civil suits is 3 years from the cause of action.
  • Plaint is rejected under Order 7 rule 11 of CPC.
  • Plaint is returned under order 7 rule 10 of CPC.
  • Section 10 of CPC deals with the principle of Res Sub Judice
  • Section 11 of CPC deals with the principle of Res Judicata
  • A plaint can be amended under order 6 rule 17 of CPC.
  • A written statement can be amended under order 6 rule 17 of CPC.
  • Order 7 of CPC deals with the plaint
  • Order 8 of CPC deals with the Written Statement
  • In cases of appeals and revisions, the respondents are not required to file replies.
  • The time for filing a written statement is 30 days.
  • In the case of Government Institutions time period for filing the written statement is 90 days.
  • When an organization has a head office in one city and branch office in another city then the suit can be filed anywhere.
  • A civil suit is filed where the cause of action takes place or where the defendant resides.
  • A female child remains with mother till she reaches her puberty.
  • A male child remains with mother till the age of 7 years.
  • Father is liable to maintain his children no matter with whom they live.
  • When a mother contracts a second marriage, she loses her right of child custody.
  • Khula can be taken on grounds mentioned in section 2 of the Dissolution of Muslim Marriages Act 1939.
  • When a woman has the right of Talaq-e-Tafweez in column 18 then she can take Talaq directly from the Arbitration council.
  • A husband can contract a second marriage if the arbitration council permits him.
  • A husband is liable to pay full Haq Mehr to the first wife before contracting a second marriage.
  • The wife is liable to return Haq Mehar in the case of Khula.
  • If a wife is not in a position to return Haq Mehar, her Khula decree cannot be stopped.
  • Khula decree becomes effective after six months of its passing.
  • Khula is counted as a single Talaq in Pakistan.
  • Suit for declaration is filed under section 42 of the Specific Relief Act 1877.
  • A declaration can be in rem or in personam.
  • A nominee is not an Inheritor. He is liable to distribute the shares as per the Islamic Law of Inheritance.
  • The right of wife in the inheritance of the deceased is 1/8 in the case of children.
  • The right of wife in inheritance is 1/4th in case there are no children.
  • The right of mother and father is 1/6 each.
  • The right of a husband in the property of wife is 1/4th in the case of children.
  • The right of a husband in the property of wife is 1/2 in case of no children.
  • A single daughter inherits 1/2 property.
  • 2 or more than 2 daughters inherit 2/3rd property
  • Single son inherits full property.
  • Mother and father are natural guardians of children.
  • The banking court is equal to the district court.
  • Murderer has no share in the inheritance.
  • Specific relief cannot be granted for the mere purpose of enforcing a penal.
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