Mastering the Code of Civil Procedure (CPC) on Fingertips
Introduction:
The Code of Civil Procedure (CPC) is a crucial legal framework that governs civil litigation in Pakistan. To master civil litigation, a thorough understanding of various provisions of the CPC is essential. Below is a comprehensive breakdown of important rules and orders that every advocate should remember.Framing of Issues & Plaint Description
Framing of Issues – Order 14: The court determines the points of contention in the case, forming the basis for trial.
Plaint Description – Order 7: A plaint must contain essential details, including the cause of action and relief sought.
Pleadings & Amendment of Suit
To Delete/Add Parties – Order 1 Rule 10: The court may add or remove parties to ensure a fair trial.
Amendment of Suit to Add Defendants – Order 1 Rule 10(4): Allows inclusion of defendants if necessary for complete adjudication.
Service & Pleadings Amendments
Substituted Service – Order 5 Rule 20: If personal service is not possible, alternate methods such as publication in newspapers may be used.
Amendment of Pleadings – Order 6 Rule 17: Parties can amend their pleadings at any stage with court permission.
Defenses & Restoration of Cases
Additional Written Statement (Rejoinder) – Order 8 Rule 9: A rejoinder can be filed in response to a written statement.
Setting Aside Ex-parte Order – Order 9 Rule 7: The defendant can seek reversal of an ex-parte order by showing sufficient cause.
Restoration of Suit – Order 9 Rule 9: A dismissed suit may be restored under valid grounds.
Setting Aside Ex-parte Decree – Order 9 Rule 13: The defendant can request the court to annul an ex-parte decree under justified reasons.
Production & Inspection of Documents
To Order Production of Documents – Order 11 Rule 14: The court may direct a party to produce relevant documents.
Inspection of Documents – Order 11 Rule 15: Opposing parties can inspect documents related to the case.
To Produce Documents – Order 12 Rule 8: A party may demand document production via notice.
Production of Documents – Order 7 Rule 14(3): Late submission of documents requires permission from the court.
To Return Unmarked Documents – Order 13 Rule 7(2): Unmarked documents may be returned upon request.
To Return Marked Documents – Order 13 Rule 9: Marked documents can be retrieved after completion of proceedings.
Trial & Execution Procedures
Adjournment – Order 17 Rule 1: Courts may adjourn hearings if justified.
Recalling Witness – Order 18 Rule 17: Witnesses can be recalled for further examination.
Granting Installments After Decree – Order 20 Rule 11(2): The court may allow installment payments for a decree.
Execution of Decrees
Stay of Execution – Order 21 Rule 26: Execution can be temporarily halted by the court.
Delivery of Immovable Property – Order 21 Rule 35: Courts enforce delivery of immovable property to decree-holder.
To Break Open Door – Order 21 Rule 35(3): Authorized officials may force entry to execute decrees.
Attachment of Movables of Judgment Debtors (JDRs) – Order 21 Rule 43: Movable assets of JDRs can be attached.
Attachment of Pay Orders of JDRs – Order 21 Rule 45(1): Pay orders may be seized under court orders.
Attachment of Salary of JDRs – Order 21 Rule 48: A portion of salary may be deducted to satisfy decrees.
Attachment of Immovable Property of JDRs – Order 21 Rule 54: Immovable assets may be seized under a decree.
Sale of Attached Property – Order 21 Rule 64: The court can order the sale of attached assets.
Adjournment/Stoppage of Sale – Order 21 Rule 69: The court may halt or postpone property sales.
Delivery of Movable Property – Order 21 Rule 9: Movable property must be handed over to the decree-holder.
Legal Representatives & Compromise
To Bring LRs on Record (Death of Plaintiff) – Order 22 Rule 3: Legal representatives replace a deceased plaintiff.
To Bring LRs on Record (Death of Defendant) – Order 22 Rule 4: Defendants’ legal heirs are substituted upon their demise.
For Compromise – Order 23 Rule 3: Settlement agreements are recorded by the court.
Appointment of Commissioners
To Examine Witness – Order 26 Rule 1: Commissioners may be appointed for witness examination.
To Conduct Local Investigation – Order 26 Rule 9: A commissioner may assess physical conditions related to the dispute.
To Examine Accounts – Order 26 Rule 11: A commissioner may be assigned to inspect financial accounts.
To Make Partition of Immovable Property – Order 26 Rule 13: A commissioner can oversee property division.
Guardianship & Receivership
Disclosure of Partners’ Names – Order 30 Rule 2: Partners in firms must be disclosed when suing or being sued.
Appointment of Guardian for Minors – Order 32 Rule 1: The court assigns a guardian for minor litigants.
Removal of Guardian – Order 32 Rule 9: A guardian may be discharged if found unfit.
Declaration as Major – Order 32 Rule 12: A minor can be declared an adult.
Appointment of Guardian for Unsound Persons – Order 32 Rule 15: Guardians are appointed for mentally incapable litigants.
Interim Relief & Appeals
Attachment Before Judgment – Order 38 Rule 5: Prevents asset transfer before judgment.
Appointment of Receiver – Order 40 Rule 1: The court can appoint a receiver for property management.
Regular Appeal – Order 41 Rule 1: Appeals against judgments are filed under this rule.
Stay of Execution in Appeal – Order 41 Rule 5(1): Execution may be stayed during an appeal.
Restoration of Dismissed Appeal – Order 41 Rule 19: Dismissed appeals can be reinstated under valid grounds.
Production of Additional Evidence in Appeal – Order 41 Rule 27: Additional evidence may be allowed in appeals.
Second Appeal – Order 42 Rule 1 (Sec. 100 CPC): Second appeals are permissible under legal grounds.
Review of Judgment – Order 47 Rule 1 (Sec. 114 CPC): Judgments can be reconsidered if errors are identified.
Miscellaneous
Advancement – Rule 109(2): Legal provisions regarding case advancement.
Third Party for Civil Cases – Rule 188(2): Guidelines for third-party intervention.
Amendment of Judgments/Decrees/Orders – Section 152: Courts can correct clerical errors in judgments.
Summoning for Evidence – Order 16 Rule 7(4): Summons may be issued for witness testimony.