Presentation civil courts

Presented by:Adnan SiddiquiAdnan AhmedSaima AbbasiSarfaraz Ahmed

Civil Court

Civil Court (Definition) A court of law that deals with disagreement

between individual, people or private companies rather than with criminal activity

Examples: a person who is hurt in a car accident sues the

driver of the other car; a family sues their doctor when the doctor does

not discover that the mother has cancer in time for the cancer to be treated.

JUDICIARY OF PAKISTAN

SUPERIOR/ HIGHER JUDICIARY

SUPEREME

COURT

FEDERAL SHARIAH COURT

HIGH COURT

SUBORDINATE/ LOWER JUDICIARY

CIVIL COURTS

CRIMINAL COURTS

SPECIALIZED

COURTS

CIVIL JUSTICE SYSTEM & CIVIL COURTS

The procedure of civil justice system in Pakistan is governed and regulated by the Code of Civil Procedure 1908. 

Civil courts in Pakistan are established by the respective province under different laws titled the Civil Courts Ordinance 1962.

CLASSES OF CIVIL COURTS

The Court of District Judge

The Court of Additional District Judge

The Court of Civil Judge

CLASSES OF CIVIL COURT(CONT)

Court of District JudgeThe court of the District Judge is

the highest court of original civil jurisdiction in the district.

District judges are appointed by the Provincial Government in consultation with the High Court.

CLASSES OF CIVIL COURT (CONT)

Court of Additional District Judges

Additional District Judges are also appointed by the Provincial Government

CLASSES OF CIVIL COURT (CONT)

Court of Civil Judge

The power to appoint Civil Judges, to fix the number of Civil Judges and to make rules prescribing qualifications for recruitment of persons as Civil Judges vests in the Provincial Government.

However, the power to post a Civil Judge to district, the power to determine the local limits of the jurisdiction of the Civil Judge and the general power to fix the pecuniary limits of the jurisdiction of the Civil Judge vest in the relevant High Court.

Features of Civil Courts

1. Recruitment & Promotion: Issues of recruitment & promotions

are dealt under the Provincial Civil Servants Acts.

Initial induction as Civil Judge-cum-Judicial Magistrate is made through the active involvement of the High Court.

A Committee of the judges of the High Court, decides the issue of promotion of judges.

Features of Civil Courts (Cont)

2. Training After appointment, the civil judges are usually

attached for a few weeks to the Court of Senior Civil Judge/District & Sessions Judge to get practical training.

They also receive specialized training at the Federal Judiciary Academy in the respective provincial judiciary academies.

Suchtraining is comprised of education in various laws, court management, case processing and judicial procedure, etc. 

Features of Civil Courts (Cont)

3. Control & Disciplinary Action The High Courts exercise supervision and control over the

functioning of the subordinate judiciary. However, disciplinary proceedings may be initiated against a

judicial officer by the High Court. Judicial control is also exercised through revision and appeals being filed in the High Court against the orders/decisions of the subordinate courts.

The High Court carries out its supervisory functions through inspections and calling of record from the courts. The Member Inspection Team (MIT) mostly deals with the issue;

Disciplinary proceedings against judicial officers are apparently initiated and action taken under the (provincial) Government Servants (Efficiency and Discipline) Rules.

Judiciary Of PakistanThe Judiciary of Pakistan is a hierarchical system with two classes of courts:

1.The Superior (or higher) Judiciary Supreme court of Pakistan The Federal Shariah Court and Five High Courts 

And

2.The Subordinate (or lower) Judiciary.

The subordinate judiciary may be broadly divided into two classes;

one, civil courts, established under Civil Court Ordinance 1962 and two,

criminal courts, created under the Criminal Procedure Code 1898.

StructureI. Judges CJ+16 II. CJ appointed by President as per procedure

laid down in the ConstitutionIII. Others Administrative Staff= 567

JurisdictionIV. The Supreme Court is the apex

Court of the land, exercising original, appellate and advisory jurisdiction. (Art 25)

V. Its decisions are binding on all other courts.(Art 26)

VI. The Court exercises original jurisdiction in inter-governmental.

Supreme Court Of Pakistan

StructureI. Judges CJ+7(3 to be Ulema) II. President appoint from amongst the serving or retired judges of the

Supreme Court or a High Court or any person holding such qualification

III. Others Administrative Staff= 248

JurisdictionIV. To determine whether a provision of

law is repugnant to the Injunctionsof Islam. Art 203-D

V. Provisional Jurisdiction in cases under Hudood laws. Art 203 DD

VI. To review its judgment/order. Art 203 E

VII. To punish for its contempt; and VIII. Under Hudood laws, hears appeals from judgment/order of criminal

courts.

Federal Shariah Court

StructureThere is a High Court in each province and a High Court for the Islamabad Capital Territory. I. Sindh CJ+39II. Lahore CJ + 49III. Balochistan CJ +10IV. Peshawar CJ +9V. Islamabad CJ + 9

AppointmentVI. Qualifications mentioned for the

post of a Judge are, 10 years experience as an advocate of a High Court or 10 years service as a civil The Judicial System of Pakistan

servant including 3 years experience as a District Judge or 10 years experience in a judicial office.(Art 35)

High Courts

JurisdictionThere is a High Court in each province and a High Court for the Islamabad Capital Territory. I. Art 199(1) To issue 5 writs namely mandamus,

prohibition, certiorari, habeas corpus, and quo warranto; II. Art 199(2) Enforcement of Fundamental Rights; III. Art 203 To supervise/control subordinate courts; IV. Art 204 To punish for its contempt;

High Courts

Civil Judge Cum Judicial Magistrates' Courts

In every town and city, there are numerous Civil and Judicial Magistrates' Courts. A Magistrate with the powers of section 30 of Criminal Procedure Code (Cr.P.C.) .

Jurisdiction

They have jurisdiction to hear all criminal matters other than those which carry the death

penalty may only pass a sentence of up to seven years' imprisonment

Institution of a Law Suit You must have standingTo file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about. In legal terms, this is called having “standing” to file the lawsuit. You must have a legal CapacityEvery person has the “legal capacity” to be a party to a lawsuit other thani)Children under the age of 18; and ii)People who are judged mentally incompetent because of illness, age, or infirmity.A legal representative is required to file a lawsuit for them

Pleading Procedure(a) CAPTION; NAMES OF PARTIES. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b) PARAGRAPHS; SEPARATE STATEMENTS. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

Pleading Procedure(C) ADOPTION BY REFERENCE; EXHIBITS. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

Procedures1st step•Suit Authorization

2nd step •Power of Attorney

3rd step•Filing of Suit

4th step• Issuance of notices and summons

5th step•Defendant is served

6th step•Defendant to appear in the court

7th step• Judicial proceedings

8th step•Framing of Issues

9th Step• Judgment is passed

1st Step: Suit Authorization

The case to be filed is authorized from Notary Public. Notary Public is a public authority allowed by law to witness and authenticate legal claims.

2nd Step: Power of Attorney

An agreement between the suit filer and an attorney by law( Lawyer or Barrister at Law) which empowers the attorney to act in the filer’s place.

3rd Step: Filing of Suit

Suit is officially filed with the court of law to be decided.

4th Step: Issuance of Notices and Summons

Court issues Legal notices and summons to defendant and plaintiff ordering them to appear in the court. This step marks the initiation of “Legal Action”.

5th Step: Defendant is served

Defendant is served with the notices and summons.

6th Step: Defendant to appear in the court.

Defendant is served with the notice to appear in Court.1. Defendant fails to appear. (Ex-Parte Judgment is

given)2. Defendant admits plaintiff’s claim. (Judgment by

Admission)3. Defendant Refuses the plaintiff’s claim. (moves to

7th step.)

7th Step: Judicial Proceedings

Judge attends a hearing the court regarding the case and takes down written statement of plaintiff, defendant and witnesses.

8th Step: Framing of issues

Both attorneys give their argument over witnesses and evidence of the case.

9th Step: Judgment is passed

The Judge resolves the case and passes judgment based on the court hearings.

Thank You