Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Lectures: There will be 20 sessions. Classes will meet on Tuesdays and Thursdays from
11.30 a.m. – 13.10 p.m.
Grading:
2 Quizzes: 20%
Required Reading :
Required cases to be consulted from the case book provided.
Required CPC sections are attached with the general reading material as photocopied
statutes.
1. “Access to Justice in Pakistan” by Justice (Retd.) Fazal Karim - Pages 149 to 156.
Pages 361 to 375. This material is only meant to provide a context for a general
introductory discussion on Civil Procedure.
2. Reports of Law Commission of India. Extracts from the:
(1) 27th Report dated December 13, 1964 on the Code of Civil Procedure, 1908.
(Universal’s Compendium pages 27.7 to 27.13).
(11) 54th Report dated February 6. 1973 on the Code of Civil Procedure 1908
(Universal’s Compendium pages 54.6 to 54.7 and pages 54.9 to 54.14).
3. Halsbury’s Laws of England (Volume 37), Fourth Edition, Paragraphs 1,2,3,10,11 and
14.
4. Jurisprudence and Legal Theory by Dr. V.D.. Mahajan, Pages 485 to 488.
5. What is the role of procedure in administering law?
6. From what source do Civil Courts derive the powers exercised by them?
7. Broad steps in the conduct of a civil suit.
(a) Filing of plaint by plaintiff(s)
(b) Service of summons on defendant (s)
(c) Filing of written statement by defendant(s)
(d) Framing of issues in contention
(e) Recording of evidence, oral and documentary.
(f) Arguments advanced on behalf of the parties.
(g) Pronouncement of Judgment
(h) Drawing up of a Decree
8. 1963 S.C. 382 (kaikaus)@399
Imtiaz Ahmad vs. Ghulam Ali etc.
“I must confess that having dealt with technicalities for more than forty years, out of
which thirty years are at the Bar, I do not feel much impressed with them. I think the
proper place of procedure in any system of administration of justice is to help and not
thwart the grant to the people of rights. All technicalities have to be avoided unless it be
essential to comply with them on grounds of public policy. The English system of
administration of justice on which our own is based may be to a certain extent technical
but we are not to take from that system is defect. Any system which by giving effect to the
form and not to the substantive rights is defective to that extent. The ideal must always be
a system that gives to every person what is his.”
9. What public policy considerations could outweigh the objective of giving “to every
person what is his”.
Section 151 CPC: See 1990 Lah. 222 (Fazal Karim J.)
Syed Shahzad Husain etc. vs. Mst. Hajra Bibi etc.
- Court’s inherent power to prevent abuse of process of Court.
10. 1969 S.C. 187 (Hamood-ur-Rehman J.)
- What constitutes procedure act 192
- Retrospective application of procedural amendments.
11. 1996 Lah. 528 (Ch. Mushtaq Ahmad Khan J.)
ICIC vs. Mian Rafiq Saigol etc.
(a)What is it that procedural law is meant to achieve?
(b)Was there any abuse of process of law? If so, by whom?
(c)Was delay in adjudication of case avoidable ? How?
(d)Also see 27th Report Supra pages 27.14 and 27.15
12.CR 2512 of 2002. Mumtaz Ali vs. Shukar Din etc.
(Judgment and Questions provided)
13.W.P.11039 of 2006. Younas Ahmad Bhatti vs. Rashid Ahmad etc.
(Judgment, Documents and Questions provided)
14. Courts for Resolution of disputes of a civil nature. (Outline attached).
Required Reading:
1. Access to Justice in Pakistan by Justice (Retd.) Fazal Karim. Pages 376 to 384
and pages 405 to 417.
2. Judicial Treatment of Forum Clauses in India and Pakistan by Sami U. Zafar
(PLD 1990 Journal 85)
3. 1968 S.C. 381 (Hamood-ur-Rehman J.) – Chalna Fibre Co. Ltd vs. Abdul Jaffar &
others
- S.9 CPC and Ss. 3 and 24 examined.
- Discussion: Re: Ouster of Jurisdiction of Civil Court.
4. 1993 Karachi 107 (Wajihuddin Ahmad J.) – Shafiq Hanif (Pvt.) Limited vs. BCCI
(Overseas) Limited.
- Discussion on Section 9 and 10 Order 8 Rule 6 CPC
- Express and implied ouster of jurisdiction
5. 1991 SCMR 1944 (Shafi-ur-Rehman J.) – Raja Khurshid Ali vs. Dr. Abdul Malik.
6. 2000 PLC 10 (Ch. Ijaz Ahmad J.)
Commissioner PESSI vs. Broadway Bakers.
- Section 9 and Order 7 Rule 1 CPC considered.
7. 1977 PLC 145 (Z.A. Channa J.) =PLJ 1976 Kar. 328.
Sunshine Dairies vs. Sindh ESSI etc.
- S.9 CPC discussed – implied ouster of jurisdiction of Civil Court
- 1978 Kar. 945 – M/s Standard Printing Press vs. Sindh ESSI etc.
8. Section 9 CPC
Even in cases of ouster of Civil Court’s jurisdiction by a statute, the Civil Court has
jurisdiction (subject to law) to determine if the forum established by the ousting statute
has acted in accordance with provisions of such statute.
1996 CLC 1382 (Abdul Hafiz Cheema J.)
Hakim Hafiz Mohammad Ghaus vs. Province of Punjab
Also 1997 Kar.541 (Sabihuddin Ahmad J.)
K.G. Traders vs. Collector of Customs etc.
Ouster of the Civil Court’s plenary jurisdiction by section 217 of the Customs Act was
considered in cases of malafides and illegal exercise of powers of customs officers.
9. Reference No. 515/HRC/EDO (R)
(Answer and Questions provided)
10. Sections 6, 9 & 15 to 23 CPC.
Order 7 Rules 10 CPC. Section 28 Contract Act.
11. Section 6 CPC
This section is subject to law such as the suits Valuation Act, 1887. A Civil Court, as
such, can in certain circumstances (envisaged by law)pass a decree for an amount
exceeding its pecuniary jurisdiction.
Section 1962 Dacca 214@217 ff (Chowdhury C.J.)
Farman Ali Dewan etc. vs. Mansur Ali etc.
12. 1987 SCMR 393 (Javid Iqbal J.)
State Life Insurance vs. Rana M. Saleem.
- Sections 9 and 20 CPC. Section 28 Contract Act examined. Choice of
forum.
13. 1970 S.C. 373 (Hamood-ur-Rehman J.)
M.A. Chaudhri vs. M/s Mitsui OSK Limited etc.
- Choice of forum by consent of parties
- Acquiescence/submission to jurisdiction
14. 2001 CLC 1618 (Mushir Alam J.)
M.R. Transport Co. vs. National general Insurance Co. Limited.
- Whether S.47 (2) of Insurance Act ouster jurisdiction of Civil Court.
15. 1964 Kar. 149 (Manzur Qadir CJ.) FB.
S. Zafar Ahmad vs. Abdur Khaliq.
- Want of jurisdiction distinguished from error in the exercise of jurisdiction.
16. 1955 Lah. 280 (Kaikaus J.)
Henan and others vs. Fazal
Sections 16 and 20 CPC.
17. 2002 CLC 159 (Maulvi Anwar ul Haq J.)
Board of Governors, Divisional Public Jigh School vs. Sh. Fazal Hussain & Co.
- Objection to territorial jurisdiction. Sections 20 and 21 CPC.
18. Examine provisions of in respect of jurisdiction, in the:
(a) Companies Ordinance, 1984 (Sections 7 and 8)
(b) Financial Institutions (Recovery of Finances) Ordinance, 2001 (Sections 5 & 9)
(c) Banking Tribunals Ordinance, 1984 (Sections 5, 6, and 8)
(d) Social Security Ordinance, 1965 (Sections 56 to 62)
(e) Land Revenue Act, 1967 (Section 172)
(f) Cooperative Societies Act, 1925 (Section 70A)
(g) Central Depositories Act 1997 (Section 11)
And determine the impact of such provisions on the plenary jurisdiction of Civil Courts
under Section 9 CPC.
19. WAK Orient Power Co. Limited vs. Westinghouse etc.
(Material to be provided from case record)
Examine the facts of this case in the light of 2003 Karachi 382
(Sabihuddin Ahmad & Syed Ali Aslam Jafri JJ.)
Munawar Ali Khan vs. Marfari & Co.
20. Section 20 CPC
The Court within whose jurisdiction the cause of action wholly or in part arises, will have
jurisdiction in cases not covered by Sections 16 to 19 CPC.
See (DB Saeed-uz-Zaman Siddique, Iman Ali Kazi JJ).
WPIDC vs. Sh. Mohammad Amin & Co.
21. 2005 CLC 1659 (Rehmet Husain Jafri J.)
United Distributors Limited vs. Al-Syed Agrochemicals.
Sections 9 and 20 CPC considered.
What is cause of action? Did any part of the cause of action arise within the jurisdiction
of the Court.
22. 2005 YLR 3226 (Muhammad Raza Khan J.)
Hamid Shahzad vs. Mohammad Sohail.
Is the finding in this case consistent with the ratio in the case of united Distributors
Limited supra? In fact, why? Does this precedent correctly interpret section 20 CPC.
23. 2002 MLD 1783 (Anwar Zaheer Jamali J.)
Admad Nawaz etc. vs Abdul Khalique etc.
Over all effect of Sections 15 to 20 CPC seen. Term “cause of action” in the context of
section 20 CPC considered.
24. 1999 MLD 1315(Mian Mohammad Ajmal J.)
Malik Ejaz vs. Abdul Haleem
The question of jurisdiction in this case was held to be a mixed question of law and fact.
Is this finding correct? What facts would have been necessary for vesting jurisdiction in
the Court at Mardan. Keeping in view the principles on which the judgement of the Court
is founded.
- Ss. 6,9,15 to 23 Order 7 Rule 10 CPC, Articles 4, 175 and 202 of the
Constitution. Section 115 CPC.
Required Reading:
Ss. 10, 11, 12, & 13 CPC, Order 2 Rule 2, Order 23 Rule 1 (3) CPC Section 47 CPC,
Section 144 CPC, Order 22 Rule 9 CPC, Order 7 Rule 11 CPC. Oder 9 Rule 9 CPC.
Sections 83, 84, 86A, 80, 91, 92 CPC Section 34 Arbitration Act. Order 21, Rule 103
CPC.
Required Reading:
Order 1, Order 3, Order 22, Order 27 and Order 28 to Order 33, Order 44
CPC Section 11 Expl. VI.
Required Reading:
- Ss. 27 and 28 CPC, Order 5 and Order 9 CPC High Court Rules and
Order amendment.
Required Reading:
Required Reading:
- Order 20 CPC
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