Wednesday, May 27, 2020

STAGES OF CIVIL SUIT IN THE LIGHT OF CIVIL PROCEDURE CODE 1908 PAKISTAN

STAGES OF CIVIL SUIT


Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment, they are as under.

 

1. Institution of Suit   Order 4, 6 and 7      

2. Issue of Summons Order 5, 

3. Filing of Written Statement Order 8 30  

4. Examination of Parties Order 10 10

5. Settlement of Despute Section 89,

6. Discovery & Inspection Order 11

7. Admission Order 12     

8. Production of DocumentsOrder 13          

9. Framing of Issues Order 14

10. List of Witness Order 16          

11. Summons to Witnesses Order 16 R 1 (4)              

12. Settling Date Order 16

13. Evidence of Parties Order 18 R 4 r/w Order 17 ----          

14. Exhibiting of Documents Order 18 R 4 (1) Proviso07

15. Cross-exam by parties Order 18 R 4 (2) ----        

16. Arguments Order 18 R 2 (3A) ----           

17. Judgment Order 20

 

Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.

 

Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time

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