Govt to table bill for amending civil suits procedures

Will set timelines for complainant, defendant and courts

PESHAWAR: There has been a tradition of civil suits running for decades in Pakistan.

To end the suffering of litigants in civil cases the Khyber-Pakhtunkhwa government has proposed timelines for courts to take up an application, summon respondent, record statements, hear arguments and issue a judgement.

The Khyber-Pakhtunkhwa Assembly will take up a bill to bring changes in the judicial system of the province when it meets on Friday.

K-P Code of Civil Procedure (Amendment) Bill 2019 will introduce two judicial systems in the province, sources said.

The primary objective of this code is to enable the courts to deal with the cases justly and fairly; encourage parties to alternate dispute resolution procedures if it considers appropriate; save expense and time both of courts and litigants; and enforce compliance with provisions of this code.

The new legal and judicial system would lessen the burden of expenses of litigation for the people and the government exchequer alike, while saving time of the complainants.

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Under the amendment in new bill, Peshawar High Court would hear civil cases for damages of Rs50 million and above only and any case below the amount would be automatically transferred to the district court of the applicant.

Moreover, every suit would be instituted by the presentation of a complaint in prescribed manner. On presentation of the plaint, it shall be the duty of the court to prima facie, satisfy itself of jurisdiction, cause of action and limitation.

Provided that if the court does not satisfy itself of the jurisdiction, it shall be bound to record reasons for doing so, the bill read.

The plaintiff shall, at the time, file as many copies of the plaint and accompanying documents as there are defendants to the suit to be sent along with the summons and two extra copies of the entire set for the purpose of record, the document stated.

It would be duty of the court to maintain electronic records of proceedings in suits in the manner, as may be prescribed.

For the purpose of this sub-section suits include any proceedings in applications, appeals, review, revision or anything incidental, it stated.

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Under the new bill a judge would not be allowed to hear two applicants in a case in civil procedures, while any additional applicant from the applicants would be heard by another judge, as in the bill states that a judge could not affect the proceeding of the already filed case.

The defendant shall file a written statement not later than thirty days from the date of service to him. However if the defendant fails to file a written statement on the date fixed, the court may grant an opportunity to file the same not later than 15 days subject to payment of adjournment costs.

However, if the defendant fails to file after the final opportunity the would lose the right of defence and the Court shall close the case.

The assembly would also bring amendments into the criminal procedures of the PPC-1898 section-14 which would bring price control, forest related cases, miners and mining, municipal services and building control cases and all the inheritances cases would also be tackled under this amended sections. 

Published in The Express Tribune, October 4^th, 2019.