Lahore University of Management Sciences

LAW 471 – Civil Procedure

DETAILED AID TO COURSE
OUTLINE

Fall Semester 2018

Instructor Fahad Malik

Room No. TBD
Office Hours TBD
Email [email protected]
Telephone
Secretary/TA
TA Office Hours TBD
Course URL (if any) TBD

Course Basics
Credit Hours 4
Lecture(s) Nbr of Lec(s) Per 2 Duration 1 hour 50 minutes per session
Week
Recitation/Lab (per week) Nbr of Lec(s) Per None Duration None
Week
Tutorial (per week) Nbr of Lec(s) Per TBD Duration TBD
Week

Course Distribution
Core BA/LLB
Elective -
Open for Student Category Open to All
Closed for Student Category None

COURSE DESCRIPTION

According to Sir John Salmond the law of procedure may be defined as that branch of law which governs the process of litigation. It is the law of
actions and includes all legal proceedings whether civil or criminal. In Pakistan, the law which governs the civil procedure is the Code of Civil
Procedure (Act of 1908) which was enacted on 21st March 1908 and is a consolidating and amending statute. The present Code applies to all
courts of civil jurisdiction except those excluded by the High Court Rules & Orders and by the Supreme Court in its Civil Original and Appellate
jurisdictions, or special courts set up under any special law. Through the Central Laws (Statute Reforms) Ordinance, 1960, the Code has been
extended to the whole of Pakistan.

The Code is primarily a procedural law though it contains substantive provisions. The Code is divided in two parts containing sections which
deal with the substantive law and the second part contains rules which govern the procedure for exercise of the rights under civil jurisdiction.
The Code regulates civil proceedings and the nature of proceedings is not necessarily dependent upon the nature of jurisdiction of the court
involved. A proceeding involving the assertion of a civil right is a civil proceeding.

COURSE PREREQUISITE(S)
Law 102 Introduction to Pakistan Legal System and Law 101 Introduction to Legal Reasoning


COURSE OBJECTIVES

The purpose of the course is to acquaint students with the substantive as well as procedural provisions of the Code of Civil
Procedure, in particular with reference to the different stages of civil trial, judgment and decree and its execution, the right
of exercise of appeal, revision and review.

The course also focuses on the rigors of the procedure and how the same are employed at different stages by the litigant to
defeat the ends of justice by delaying the outcome of litigation. Excerpts/extracts from actual civil cases will be shared
with students to evidence such abuse of the process.
Additionally, students will be familiarized with the procedure followed under special laws in courts of a civil nature other
than ordinary civil courts.
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Learning Outcomes
 Students will be familiar with the principles of civil justice system.
 Students will have an understanding of the procedure for the enforcement of civil rights through civil courts and have
knowledge of the steps involved in civil trials and appeals.
 At the successful completion of the course, students will be familiar with the specific provisions of the Code and would be
able to identify the law applicable at the various stages of a trial.
Grading Breakup and Policy (%)
Assignment(s): 30
Home Work: ---
Quiz(s): ---
Class Participation: 10
Attendance: 10
Midterm Examination: ---
Project: ---
Final Examination: 50

Examination Detail
Yes/No: No
Combine/Separate: ---
Midterm Duration: ---
Exam Preferred Date: ---
Exam Specifications: ---
Yes/No: Yes
Combine/Separate: TBD
Final Exam Duration: TBD
Preferred Date: As per the LUMS Final Examination Schedule
Exam Specifications: TBD

COURSE OVERVIEW
Week/
Recommended Objectives/
Lecture/ Topics
Readings Application
Module
Introduction to the Course The meaning of the term “Civil” –
The Purpose of Civil Litigation and Separation 1996 SC 543
of Civil and Criminal Work Preamble to the Code of Civil
Procedure 1908 – PLD 2014 SC 89
1. Article 202 of the Constitution
The distinction between Substantive
and Procedural laws
PLD 1969 SC 187 & PLD 2001 SC
482
Civil Courts Structure in Pakistan Article 175 of the Constitution
Special Courts enacted under Civil Courts Ordinance, 1962
Special Laws Section 3 of the Ordinance
Court of Small Causes established
under the Provincial Small Causes
Courts Act, 1887
The High Court in exercise of Civil
Jurisdiction is not a Civil Court –
PLD 1970 SC 1
District Court – Section 5 of the
Ordinance
2.
Additional District Courts – Section 6
of the Ordinance
Courts of Civil Judges – Sections 8
and 10 of the Ordinance
Courts under Provincial Small Causes
Courts Act, 1887 – Section 11 of the
Ordinance
Section 5 Financial Institutions
(Recovery of Finances) Ordinance,
2001
Section 5, Companies Act, 2017
Part-VI, Privatization Ordinance,
2000
Section 3, Family Courts Act, 1964
Rent Tribunals under respective rent
restriction/rented premises laws of
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provinces.
Consumer Courts established under
respective provincial consumer
protection laws.

Jurisdiction of Civil Courts – Pecuniary Sections 9, 16 – 21, Order VII, Rule 10

and Territorial of the Code
Civil Courts Ordinance, 1962
3. PLD 2018 SC 795
PLD 2016 SC 174
1992 SCMR 1174
2018 SCMR 2121
2003 YLR 894

Express or Implied Ouster of Jurisdiction – Sections 10 – 14, Section 47, 144,

Restraint/Conditions of bringing certain Order II, Rule 2, Order VII, Rule 11,
suits Order IX, Rule 9, Order XXI Rule 103,
Order XXVII – Order XXXIII, of the
4. Code of Civil Procedure 1908
1981 SCMR 878
PLD 1982 SC 146

Pleadings Generally Order VI, Rules 1 to 18

The meaning of Pleadings – Order VI, Order VI, Rule 1
Rule 1 Order VII, Rule 9
Pleadings other than Plaint and Written Section 10 of the
Statement Code Order VI,
Res Sub-Judice – Rule 2 Order VI,
Principles Rule 14 Order VI,
Basic Rules of Pleadings Rules 1-13 Order
5. Address of Parties IV, Rule 2
Striking out, amending or altering pleadings Order VIII, Rules 11 and
12
Order VII, Rule 26
Order VI, Rule 17
PLD 1985 SC 345
Order VI, Rule 18

Commencing a Suit Section 26 of the Code – A suit is

Plaint part of Pleadings commenced by filing a plaint
The meaning of cause of action – the bundle Order IV, Rule 1
of facts which the litigant has to prove Orders VI - VIII
The Parties to the Suit Order II, Rule 1 – The plaint must
Representative Suit contain the entire claim
Necessary and Proper Parties Order II, Rule 2 – The misjoinder
Power of Attorney and non-joinder of causes of action
6. How the Party may appear and plead Order I, Rules 1, 2, 3, 8
and 10
PLD 1975 SC 463
PLD 1994 SC 95
1985 SCMR 714
2011 SCMR 1591
Order III
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Summons Section 27 of the Code & Order V,
Service Rule 1
Appearance and Non-Appearance of Parties Order V, Rules 3, 5 and 8
Date of hearing Meaning of „hearing‟ Order XX, Rule 4
Order V, Rules 9-30
Order V, Rules 17, 20 and
30
Order IX, Rule 1 read with Order
XVII, Rule 2
7. Order IX, Rule 3 empowers the
Court to dismiss the suit when
neither party appears when the suit
is called for hearing
Order IX, Rules 8 and 9
PLD 1981 SC 21
Order IX, Rule 13
Order XVII
PLD 1975 SC 678

Defendant‟s Defense and Set Off Order VIII, Rules 1 and 2

Written Statement to be filed within 30 days Order VIII, Rules 9 and 10
Written Statement Order VIII, Rule 6 read with Order
Effect of failure to file Written XX, Rule 19
Statement Section 94 of the Code
Set Off The following common interlocutory
Pre-Trial or Interlocutory remedies are available:
8. Remedies a) Order XXXVIII, Rules 1-4
Interlocutory Remedies b) Order XXXVIII, Rules 5-8
c) Order XXXIX, Rules 1-5
d) Order XL, Rules 1-5
e) Make any other order as may
appear to the court to be just and
convenient
Pre-Trial Proceedings Order VII, Rule 10
Meaning of Pre-Trial and object of 1995 SCMR 584
the proceedings Order VII, Rule 11
Return of Plaint PLD 1984 SC 289
9. Rejection of Plaint Sections 148 and 149 of the Code
Stage for rejecting Plaint read with Section 28 of the Court
Only Plaint to be looked at while rejecting Fee Act
Plaint
Effect of rejecting Plaint

Examination of the Parties and Admission of Articles 117-129 of the Qanun-

Facts and Documents e-Shahadat Order, 1984
Settlement of Issues Section 30, Order X – XIII, and XX
10. Filing of List of Witnesses 1992 MLD 1439
Issue of Law may be treated as a preliminary PLD 1997 SC 308
issue PLD 2013 SC 255
Burden of Proof
Summons to Witnesses

Commencement of Trial Order XVII, Rules 1, 2

11. Evidence and 3
Service on the witness through summons PLD 2013 SC 255
Court‟s power to require evidence to be given Order VII, Rules 14, 15
Regarding oral evidence and 16
Difference between call and produce Order VIII, Rule 1
Discretion to receive evidence not produced or Order XIII, Rule 1
entered in time Order XVI, Rule 20
Evidence can be oral or documentary Order XVIII, Rules 1, 3,
Regarding Documents 4, 5, 13 and 14
Evidence to be recorded in open court
Order in which evidence is recorded
Evidence to be recorded in presence of judge
Right to begin is of the Plaintiff
Adjournments
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A suit may be disposed of in the Order XXIII, Rule 1 –
following ways: Withdrawal with or
a) By returning the without permission of the
plaint court
b) By rejecting the PLD 1959 SC 287
plaint Order XXIII, Rule 3
c) By withdrawal or Section 33 of the Code –
12. Order XX, Rules 1, 2, 4
abandonment
d) By consent or compromise and 5
e) On merits after due consent Section 33 of the Code and Order
Withdrawal or abandonment XX, Rule 6
Institution of fresh suit without complying with
the terms of the withdrawal
Disposal by consent or compromise
Judgment and Decree
Contents of the judgment
The decree to follow judgment
Relief that may be granted by the Order VII, Rule 7
Court PLD 1963 SC 382
Meaning of „Costs‟ PLD 1989 Kar 404
Compensatory Costs Sections 35 and 35A of the Code
Compensation Order XXV
13. Decree for payment of money Section 95 of the Code
Decree for payment of money in foreign Sections 34, 34-A and 34-B of the
currency Code
Relief as of right and discretion
Costs
Cost of the Suit
Payment of interest
Mesne Profits
Sections 54 - 58, 60 – 72, 136, Order
Execution of the Decree XXI, Order XL
Provisions for the execution of the decree Section 51 of the Code
Commencement of execution proceedings The executing court cannot go behind
Modes for execution – modes in which decree
the decree is to be executed 1994 SCMR 22
a) by delivery of property specifically Requirement of Notice – Order XXI,
decreed Rule 22
b) by attachment and sale or by sale Provisions for the execution of the
without attachment of any property
14. c) by arrest and detention in
prison
d) by appointing receiver
e) in such manner as the nature of the
relief granted may specify
Attachment and Sale
Arrest and Detention
Appointing a Receiver

APPEAL Sections 96, 100, 101, 103 – 104, 107

Appeal against Judgment and Decree -108, Order XLI, Rules 1, 2, 5, 9, 11,
Appeal against Orders 13, 16 – 19, and 22 – 27, Order XLIII
Regular First Appeal Rules 1 - 3
Regular Second Appeal 2000 SCMR 1873
1984 CLC 2981
15.

Section 115 of the Code

2017 SCMR 679
2020 SCMR 867
REVISION 2016 SCMR 986
16.
1997 SCMR 1849
1989 SCMR 34
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Section 114 of the Code and
17. REVIEW Order XLVII
PLD 2005 SC 311
PLD 2019 Lah 111

Summary Suits Order XXXVII

2004 SCMR 1747
1984 SCMR 963

Power to Withdraw, Transfer and Re-transfer Sections 22, 23, 24 and 24A of the
a Suit Code
Miscellaneous provisions PLD 1971 SC 247
Women exempted from personal appearance Sections 132 to 158 of the
Persons exempt from personal appearance Code
Government may by notification exempt Section 132 of the Code
certain persons from personal appearance in Section 133 of the Code
the court Section 135 of the Code
18. Exemption from Arrest Section 135-A of the
a) a member of legislature during proceedings Code Sections 137 and
is exempt from arrest 138 of the Code Section
b) a judge, a magistrate or any other 139 of the Code Section
judicial officer is exempt from arrest 141 of the Code Section
Language of Court 14 of the Code
Oath on affidavits Sections 148, 151 and
CPC applies to other proceedings of civil nature 152.
Enforcement of liability of the surety
Inherent Powers

INHERENT POWERS Section 151 of the Code

Power to enlarge time Section 148 of the Code
Inherent powers of the court to prevent the 2020 CLC 1119
abuse of process of court and necessary for the 2007 SCMR 351
19. Section 152 of the Code
ends of justice
Ends of justice Section 144 of the Code
Prevention of abuse
Correction of orders
Restitution
Procedure to be followed under Special Laws Financial Institutions (Recovery of
20. Finances) Ordinance, 2001
Companies Act, 2017
Privatization Ordinance, 2000
Family Courts Act, 1964
Punjab Rented Premises Act, 2009
Sindh Consumer Protection Act, 2014
Amendments to CPC in Islamabad

21 - 22 Revision through Perusal of actual cases

23 24 Revision/Clarifications
Questions & Answers

Textbook(s)/Supplementary Readings

1. Code of Civil Procedure, 1908 (bare act)

2. Commentary on the Code by Justice (R) Aamer Raza A. Khan 11th Edition (2019)
3. Respective Judgments referred to above.

TBD: To Be Determined