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CPC Assignment
CPC Assignment
TABLE OF CONTENTS
1. Pleading ……………………………………………………………………………… 03
……………… 03
2.2. Explanation
……………………………………………………………………… 03
3.1. Meaning
………………………………………………………………………… 03
……………………………………………………………… 03
………………………… 05
……………………………………… 06
………………………………………………… 06
……………………………………………………………… 07
………………………………………………………………… 07
………………………………………………………… 08
6. Conclusion ………………………………………………………………………….. 12
PROBLEM STATEMENT
Pleading plays a very important role in determination of a case before a civil court. Analyse
the statement with reference to relevant provisions of CPC and also articulate the instances of
1. Pleading
2.1. Meaning
Due process is a course of legal proceedings which are followed according to rules
and principles that have been established in a system of jurisprudence for the
enforcement and protection of private rights. In each case, due process contemplates
2.2. Explanation
It is mandatory
It implies that parties to the pleadings should be heard in order to dispose of the
case justly.
3. Procedural Fairness
3.1. Meaning
relates to the fairness of the procedure by which a decision is made, and not the
fairness in a substantive sense of that decision.[12] A person may seek judicial review
of an administrative decision on the basis that procedural fairness has not been
observed.3
1
The Code of Civil Procedure 1908, Order VI, Rule 1
2
Encyclopaedia Britannica Editors, ‘Due Process’ (Encyclopaedia Britannica, 4 April 2007)
<www.britannica.com/topic/due-process> accessed 12 December 2018
3
Bill Lane, ‘The “No Evidence” Rule’ in Matthew Groves and Hoong Phun Lee (eds), Australian
Administrative law: Fundamentals, Principles and Doctrines (Cambridge University Press, 2007) 233, 241–2.
PROCEDURAL FAIRNESS AND DUE PROCESS OF LAW 5
In considering whether there has been a denial of procedural fairness, courts will
if such a duty exists, the content of procedural fairness in the particular case.
people that it is really a legislative act; or where the range of public policy
considerations that the deciding body can legitimately take into account is
very wide’.5
fairness of the procedure depends on the nature of the matters in issue, and
4
Westlaw AU, The Laws of Equity (at 1 March 2014) 2 Administrative Law, ‘2.5 Judicial Review of
Administrative Action: Procedural Fairness’ [2.5.150].
5
Smith and Brazier, above n 4, 570.
6
Aronson and Groves, above n 1, 454.
PROCEDURAL FAIRNESS AND DUE PROCESS OF LAW 6
The specific content of the hearing rule will vary according to statutory
Prior notice that a decision that may affect a person’s interests will be
procedural fairness.8
represented at a hearing.11
In Pakistan, Part II, Chapter I, Article 10A of the Constitution of Pakistan, 1973
provide Right to Fair Trial. It reads as “For the determination of his civil rights and
obligations or in any criminal charge against him a person shall be entitled to a fair
7
Westlaw AU, The Laws of Australia (at 1 March 2014) 2 Administrative Law, ‘2.5 Judicial Review of
Administrative Action: Procedural Fairness’ [2.5.460].
8
Aronson and Groves, above n 1, 517.
9
Westlaw AU, The Laws of Australia (at 1 March 2014) 2 Administrative Law, ‘2.5 Judicial Review of
Administrative Action: Procedural Fairness’ [2.5.530]; Aronson and Groves, above n 1, 517.
10
Aronson and Groves, above n 1, 549; Westlaw AU, The Laws of Australia (at 1 March 2014) 2 Administrative
Law, ‘2.5 Judicial Review of Administrative Action: Procedural Fairness’ [2.5.630].
11
Aronson and Groves, above n 1, 564.
PROCEDURAL FAIRNESS AND DUE PROCESS OF LAW 7
this Code shall be deemed to limit or otherwise affect the inherent power of the
Court to make such orders as may be necessary for the ends of justice or to prevent
The Law of Limitation will not bar the exercise of inherent powers.12
It is not the intention of Law that in exercise of inherent powers, the normal
Section 24A(1) of General Clauses Act, 1897 provides Exercise of power under
order or give any direction is conferred on any authority, office or person such
power shall be exercised reasonably, fairly, justly and for the advancement of the
The Code of Civil Procedure, 1908 (CPC) provides general provisions of procedure to be
followed in civil matters when there exist no special laws on same, or they are silent.
12
2014 MLD 625; P 2008 K 109; 1995 CLC 1529; P 1992 L 250
13
PLD 2010 Lah. 498
PROCEDURAL FAIRNESS AND DUE PROCESS OF LAW 8
Normally a civil suit has to travel through 17 main stages from institution of the suit
Out of these 17 main stages the amended code does not speak about any time limit
for:-
But in the rest of the provisions the code has given time limits in the provisions
therein and we cannot ignore them so easily and without any rare and exceptional
circumstances.
In the code, most of the provisions contain time limitation for a particular stage.
Maximum of the provisions are mandatory in nature and in very few of them the
Now once a party has filed the suit then he has to comply, all the provisions one by
one within the stipulated time. If the table shown as above is effectively
will be a milestone in disposing off the civil suit in a stipulated time, with
procedural fairness and due process of law, respecting the intention of the
To satisfy the requirements of due process of law, the following steps have to be
ensured;
1) The aggrieved party is required to ensure that adequate legal notice has been
2) Plaintiff has to file the plaint complying, the provisions in all respects as
Plaintiff(s) must make sure suit is filed within limitation period, when he
files suit after limitation period, plaint must show grounds of exemption
R 10.
said rule.
4) Plaintiff has to issue summons within 30 days from the institution of suit. For
5) After the service of summons defendant has to file his written statement within
If written statement isn’t filed in time fixed by court, the court may
Order 9, R 3.
Where plaintiffs fail to appear, then the suit will be dismissed as per Order
code.
8) Within 10 days from the filing of written statement, court has to examine the
and to refer the matter of settlement under section 89-A of the code.
9) If parties fail to compromise the matter then court has to keep the matter for
10) Then to adjourn the matter for admission within the time span of 15 days as
11) Then parties have to file the original documents prior to framing of issues
12) Court has to frame the issues within 15 days as per Order 14 of the code.
13) Parties have to file the list of witnesses within 15 days from the date of
14) Plaintiff has to issue summons to the witnesses either for adducing evidence or
for production of documents within 5 days of filing of list as per Order 16, R
15) Parties have to settle the date of evidence as per Order 16 of the code.
16) Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as
17) Court has to exhibit the documents considering their proof and admissibility
with a reasoned order as per proviso to Order 18, R 4 (1) of the code.
18) Cross examination of the plaintiff and his witnesses on day to day until all
the witnesses in attendance have been examined as per Order 18, R 4 (2) r/w,
19) Defendant has to issue summons to the witnesses either for adducing evidence
20) Defendant has to file the affidavits of all his witnesses within 3 adjournments
21) Court has to exhibit the documents considering their proof and admissibility
with a reasoned order as per proviso to Order 18, R 4 (1) of the code.
22) Cross examination of the defendant and his witnesses on day to day until all the
witnesses in attendance have been examined as per Order 18, R 4 (2) r/w,
23) Parties have to conclude their arguments within 15 days from the completion of
24) Court has to deliver judgment forthwith or on or before 30 days and not
exceeding 60 days from the date of conclusion of the arguments as per Order
25) The judgment debtor has the right to file first appeal against the judgement as
26) Second appeal can also be filed in High Court against decree of first appeal as
27) After the final decree, the execution will take place as per sections 36-74.
6. Conclusion
Pleading is an art that plays very important role in the proper disposal of suit. If due
process of law is followed, then there is no doubt there will be justice. The above
mentioned steps are the ones required by law to be pursued. Following these shall
guarantee due process of law. Procedural fairness can be achieved if courts practice
INDEX OF AUTHORITIES
Statutes
Case Laws
P 2008 K 109
P 1992 L 250
Others
Bill Lane, ‘The “No Evidence” Rule’ in Matthew Groves and Hoong Phun Lee
Aronson and Groves, above n 1, 549; Westlaw AU, The Laws of Australia (at 1 March