CPC - PDF LLB 3

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THE CODE OF CIVIL PROCEDURE ( CPC )

LIMITATION ACT
Lecturer: Mobushar Iqbal Chohan
Advocate High Court

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am also very thankful to all the students who appreciated my work and received them
warmly. In these notes the law has been elaborated with the help of landmark judgments
which is delivered by the Hon’ble Courts and has been written for the examination point of
view and i hope that these notes will also be received warmly by the students and may led
to the success in the examination as well as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical,
and i have taken every step to ensure that these notes may fulfill the need of the students,
but there may be some shortcomings or flaws in it, so every suggestion for the
improvement of these notes will be warmly welcome.”
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Q. 1: TERRITORIAL JURISDICTION
1- Preface
2- Relay Section
Sections 16-21 CPC
3. CROSS REFERENCE:
Suits valuation act ,1882
West Pakistan civil courts ordinance II of 1962
4. Lexical meaning of jurisdiction :

According to black’s law dictionary :
“ A court’s power to decide a case or issue a decree” .
5. Definition of Jurisdiction
“Jurisdiction may be defined as the power of a court to hear and determine a cause, to
adjudicate or exercise any judicial power in relation to it “.
6. Kinds of Jurisdiction Territorial Jurisdiction

2- Subject-matter Jurisdiction
3- Personal Jurisdiction
4- Pecuniary Jurisdiction
7. LEXICAL MEANING OF TARRITORIAL JURISDICTION :
“Jurisdiction over a cases arising in or involving person residing within a defined territory” .
8. Definition of Territorial Jurisdiction

“The geographical area over which the government or governmental subdivision has power”
.
9. Territorial Jurisdiction in suits relating to immovable

property u/s 16
1- Definition of Immovable Property

Sec 2 (25) of General clauses act 1987:
“ It includes, lands, benefits arise out of land , and things attached to the earth ,or
permanently fastened to anything attached to the earth “.
2- Suit shall be instituted in the court General Rule u/s 16
Illustrations
1. suit for the recovery of immovable property with or without rents or profits – section
16(a)
2. suit for the partition of immovable property – Section 16(b)
3. suit for the determination of any other right to or interest in immovable property
4. suit for compensation for wrongs to immovable – Section 16(d)
5. suit for recovery of movable property actually distraint or attachment
3- Exception to this General Rule

i. In case of suit for foreclosure, sale or redemption of a mortgage of or charge upon
immovable property
At the place where the cause of action of action has wholly or partly arisen
ii. In case of suit to obtain relief respecting or compensation for wrongs to immovable
property
At the place where the cause of action has wholly or partly arisen
In the court within the local limits of whose jurisdiction the defendant actually and
voluntarily resides, or carries on business, or personally works for gain
Conditions
1. Property must be held by or on behalf of defendant at the time of institution of suit
2. When the relief can be obtained entirely through the obedience of defendant
10. Territorial jurisdiction with respect to suits involving

immovable property situated in different areas --- section 17
Pre-requisite
In respect of the value of the subject matter of the suit, the entire claim is cognizable by
such court.
11. Institution of suit where local limits of jurisdiction of

courts are certain --- Section 18
1- The court shall record the statement u/s 18(1)
2- Pre-requisite
The suit is one with respect to which the court is competent as regards the nature and value
of the suit to exercise the jurisdiction.
3- Effect of exercise of jurisdiction u/s 18(1)
4- Objection to the jurisdiction where statement was not recoded --- section 18(2)
i. General Rule
ii. Exceptions
1. That at the institution of the suit there was no reasonable ground for uncertainty
2. That there has been a consequent failure of justice
12. Territorial Jurisdiction with respect to suits involving

torts committed against persons or movable property ---
Section 19
Where a suit is for compensation for wrong done to person or to moveable property , suit
may be filed either where property is situated , where defendant resides or where
defendant carry on his business .
13. Territorial Jurisdiction when defendant resides in

jurisdiction of different courts --- Section 20
Every suit shall be instituted in a court within local limits of whose jurisdiction :
i . defendant actual or voluntarily resident .
ii . defendant carries on business .
iii .where cause of action arises .

14. Territorial Jurisdiction where the defendant resides
permanently and temporarily in jurisdiction of different
courts. --- Section 20
15. Objection to territorial Jurisdiction of court --- Section 21

No objection as to the place of suing shall be allows by any appellate or revisional court
unless such objection was taken in the court of first instance at the earliest possible
opportunity and in all casas where issues are settled at or before such settlement and unless
there has been a consequent failure of justice .
16.WHEN OBJECTION CANNOT BE TAKEN:

Objections against territorial jurisdiction cannot be taken as following stages :
i . At appellate stage .
ii . At revisional stage .
17.WHO MAY RAISE OBJECTIONS :

Objection is raised by defendant against whom a cause of action is brought .
18. Preclude Remarks

Q. 2: Appeal
1. Preface
Appeal has not been defined in Civil Procedure Code. It is, in fact, that complaint, which is
made to some superior court against decision of subordinate court. Basic object of appeal is
to test soundness of decision of lower court. Appeal may be filed against original decree, or
against decree passed in appeal.
2. Relay Sections
Following are the Relay Sections regarding appeal and second appeal
(i) Section 96, 97, 98, 99, of CPC for 1st Appeal
(ii) Section 100, 101, 102, 103 of CPC for 2nd appeal
Cross Reference
(a) Section 17, 18 of West Pakistan Civil court ordinance II of 1962
(b) Order 41, 42 of CPC
3. Meaning of Appeal
“Appeal means removal of a cause from inferior to a superior court for the purpose of a
testing soundness of decision of an inferior court”.
4. Definition of Appeal
“Judicial examination of the decision by a higher court of the decision of the inferior court”.
5. Right of Appeal
Every person has given right of appeal against decree. However, right of appeal is not an
inherent right. Rather it can only be availed where it is expressly granted by law. Appeal lies
against a decree and not against a judgment.
6. Nature of Right of Appeal

Rights of appeal are substantive right and they are not mere matters of procedure. Right of
appeal is governed by the law prevailing at the date of the suit and not by law that prevails
at the date fo the decision or at the date of filling of the appeal.
7. Appeals from a decree

An appeal lies under section 96 CPC only from a decree because the decree marks the stage
at which the jurisdiction of the court which the appeal is made begins. As such unless a
decree is drawn up, no appeal lies from a mere finding, but if the finding amount to a
decree, an appeal would lie.
8. Kinds of Appeal
Appeal may be classified not following two kinds.
I. 1st Appeal
Generally, first appeal shall lie from every decree passed by any court exercising original
jurisdiction to the court authorizes to hear appeal from the decisions of such court.
i. Forum of Appeal:
First appeal lies to the District court, if the value of the subject matter of the suit is below
Rs. Two lakhs, and to the high court in all other cases.
ii. Person who may Appeal:

1. parties to the suit
2. persons adversely affected by the decree
iii. Person otherwise competent to file appeal:

1. Legal representatives of the party
2. Transferee of the interest of party,
3. A benamidar on behalf of a real owner
4. A guardian on behalf of a minor
5. Government (Federal or Provincial)
iv. Appeal against preliminary decree:

Preliminary decree is not allowed to appeal after passing of specified time.
Decisions in Appeal under section 98:
When the appeal is heard by two or more judges then it will be decided by majority.
When the appeal is heard by two judges and they differ upon a matter of fact then decision
despite of differed opinion shall stand confirmed.
When the appeal is heard by two judges but the point of difference is about law then they
will refer the matter to referee judges of the same court and decion shall be confirmed by
the majority including the judges who referred the matter. but if they will not agree to refer
it then the decision shall be confirmed.
v. Grounds of first Appeal:

1. judicial mind not applied
2. misreading or non reading of evidence
3. any other irregularity in procedure
vii. Effect of irregularity in decree at appeal stage u/s 99:
The decree shall not be remanded, varied, or reversed merely on the ground of irregularity
during the proceeding except:
1. Where the decision is not on merit
2. The court was not competent with regard to jurisdiction
II. 2nd Appeal

Generally, Second appeal lies to the High Court, from every decree passed in an appeal, by a
court subordinate to lie High Court. It lies only on grounds mentioned in section 100 CPC but
not on question of fact.
i. Grounds for Second Appeal

It is settled proposition of law that second will lie where judgment is uncertain in its
meaning and finding is vague and inconclusive or where reasons are not given at all.
Following are the grounds where second appeal is competent and not otherwise.
(i) Decision being contrary to law
(ii) Decision being contrary to the usage having force of law
(iii) Decision having failed to determine some material issue of law or usage having the force
of law
(iv)Substantial error or defect in procedure
A. Cases where second appeal is barred:

1. Small cause court’s decree where the value of suit does not exceed 25000/=
2. where the value of suit is upto 250000/= in court other than small cause
ii. Powers of High Court to determine issues of fact

In second appeal the High Court may determine an issue of fact.
1. Where there is sufficient evidence, on the record, for determining issue of fact, necessary
for the disposal the lower appellate court but that inferior court fails to consider.
2. An issue of fact, necessary for the disposal of the case, has been wrongly determined by
the lower appellate court by reasons of any omission, error or defect to determine some
material issue of law.
9. Preclude Remarks
To conclude that appeal is a substantive right, and it is a matter inter parties. The question as to
whether the appeal is competent or not can only be decided by the court hearing the appeal. Appeal
may be filed against original or appellate decree passed by a court subordinate to High Court. Appeal
only lies against a decree and not against Judgment. The right of appeal is a creation of statute.
Q. 3: Procedure of Appeal order 41
Preface
Appeal from original decree
Memorandum of appeal must be signed and presented by

a. Party in person
b. Authorized agent
c. Authorized pleader
Memorandum of appeal must be presented to

a. The court
b. Officer authorized
Documents to be annexed with memorandum

a. Copy of decree
b. Final judgement not interim
c. Grounds of objection from pleadings or evidence numbered connectively
It is duty of officer the officer of the court to verify whether it is validly presented keeping all
requirements above stated in mind and limitation period. Grounds of objections not raised
at time of presentation of appeal shall not be heard as matter of right but with leave of
court.
Date of filing of appeal is considered two ways

a. By receipt of memo of appeal
b. By refiling if memo was filed without copy of judgment
Rejection of memo of appeal at any stage with reasons and after hearing appellant
a. Not on prescribed form
b. On the grounds of rejection of plaint U 7/11
c. Rejection is a decree appealable
Return of appeal at any stage for removal of defects

a. Technical defects and irregularities in memo of appeal
b. After removal of defects it may be presented fresh
c. Amended appeal shall be signed by the judge or officer on his behalf
Stay of proceedings and execution during pendency of appeal

Court possesses power to stay proceedings and execution after the appeal is filed and mere
filing does not affect execution and proceedings of interim relief. On application of appellant
court which pronounced decree can grant stay if
a. Decree is appealable
b. If application is filed before expiry period of filing appeal
Conditions for stay

a. Sufficient cause
b. Without reasonable delay
c. Security
d. Prove that substantial loss in result of execution
Security in case of stay of execution

If the appeal is filed either at the direction of the appellate court or at the application of
appellant the court which passed the decree shall take the security for
1. Restitution of property which in future may be taken in execution of decree
2. Restitution of property which has already been taken in execution of a decree
3. Payment of the value of property which may or has been in execution of decree or order
4. due performance of the decree or order
Court shall order for stay of sale of immoveable property if the order is made in execution
and judgment debtor has deposited the decretal amount or security for decree holder’s
cost.
Admission of appeal by the court
Court or officer on behalf of court shall take following procedure
a. Endorse on the memo date of presentation

b. Register the appeal in the court book
Rejection of Appeal
If on the application of the respondent, appellant fails to submit the cost for appeal or
original suit as a security before disposing of appeal and after giving reasonable opportunity
court shall reject the appeal which is not a decree and not appealable.
Notice by appellate court to court which passed the decree to order for dispatch of
material regarding suit
Notice of day of hearing appeal
a. to court which passed the decree
b. to respondent or his pleader
c. all provisions of service of summon shall be applicable
d. notice shall contain text that if respondent will not appear appeal will be heard Ex-parte
e. appeal shall be dismissed if appellant will not be appeared on the fix day
f. appeal shall be dismissed if appellant will not submit the cost to serve the notice
g. such order shall not be made before the date of hearing and if the respondent himself
appears to the court
h. appeal shall be Ex-parte if the respondent will not be appeared on the fix day
i. if the appeal is dismissed on default an application may be made for restoration
j. if the appeal is Ex-parte then application for setting aside of the Ex-parte may be made
Readmission of Appeal by application within 30 days of dismissal or knowledge against

cost
a. U/R-11(2) dismissal for not submitting security for cost of appeal
b. U/R-17(1) dismissal of appeal for non appearance of Appellant
c. U/R-17(1) dismissal of appeal for non appearance of Respondent
d. U/R-18 where the cost of serving notice is not submitted by the Appellant
Rehearing of respondent after Ex-parte order against order for cost
Cross objection by respondent U/R-22
wherever the relief claimed in the suit was decreed partly in favor of plaintiff and partly in
favor of defendant and also where the original appeal is not filed by the appellant then the
respondent may file cross objections upon the points which were decided against him and
may object against any party to appeal and also to any person party to original suit by filing
memo of appeal with cross objections after getting leave to file by application within 30
days of notice of hearing of appeal. if the appeal is dismissed or withdrawn the court will
hear the cross objections even by serving notice to the opposite parties.
Remand of case
Where the lower court has determined the suit on a preliminary issue (jurisdiction, Res-
judicata or limitation) and disposed of the suit the appellate court may after considering
following points may remand the case to that lower court for re-determining under the
same number of register of civil suits.
a. Entire suit must have been disposed of by the trial court
b. Trial court has disposed of the issue at preliminary point
c. Appellate court has reversed the decree
But if the evidence on record is sufficient to pronounce the judgment appellate court may
determine it by itself.
Trial court fails to any material issue
Appellate court may frame issues and sends the suit for collection of evidence on that point
and then try the suit by itself.
Difference between Remand of case Case is sent back for recording of

U/R-23 and Remand for missing of some evidence
material issueU/R-25 Whole case is sent
back for trial
Final order Interlocutory order
Case is at preliminary point Case is already been decided
Memorandum of objection on the new evidence
Opposite party may object by filing memo of objection to new objection and case is heard
by the appellate court who remanded the case.
Production of Additional Evidence in Appellate court
as a general rule appellate court cannot call for additional evidence but rule 27 is an
exception to general rule where appellate court may order for sending paper for inspection,
issue commission and examine parties by recording such reason and applying judicial
discretion in the following circumstances;
a. Where trial court had refused to record the evidence necessary
b. Where Appellate court cannot pronounce judgment without taking or requiring such
additional evidence
c. Where appellate court may require such additional evidence for any other substantial
cause
Mode of recording such Additional evidence
a. By Appellate court itself
b. By Trial Court on the orders of Appellate Court
c. By another Lower Court
Points to be specifically defined to which additional evidence is recorded
Judgment in Appeal
a. After hearing both parties or their Pleaders
b. After giving notices to the parties or their pleaders
c. On some future day
Essentials of judgment
a. Concise statement of the facts of the case
b. Issues
c. Decision issue wise
d. Reasons for decision
e. Relief reversal, varied
f. Date and signature judge/judges

Q.4: What is presumption about foreign judgment and its conclusiveness and
how it is executed?
1. Preface
foreign judgment is a judgment of court of a foreign country/reciprocating territory and it
has a presumption that if it is pronounced by a superior court of foreign country a certified
copy of it if presented in district court of Pakistan shall be considered as judgment by court
of competent jurisdiction and can be executed as if it were pronounced by a court of
competent jurisdiction within Pakistan but on the other hand if the court of foreign country
is not superior court then the judgment by that court of foreign country shall be treated as
mere cause of action so cannot be executed without holding a full dress trial.
2. Relay Sections
Sections 13, 14, 44-A CPC
3. Presumption attached to a foreign judgment U/S 14 CPC

If a certified copy of foreign judgment is presented to the district court in Pakistan it shall be
presumed to be pronounced by a foreign court of competent jurisdiction and this
presumption can be rebutted if the competency is challenged by the opposite party on the
any of the ground mentioned in section 13 CPC.
4. When judgment by foreign court is conclusive? U/S 13

1. Matter must have been directly adjudicated between same parties or parties under
whom they or any one of them claim
2. Parties must have been litigating under the same title
3. Exceptions contained in this section not attracted
5. When judgment is not conclusive?

1. Judgment pronounced by the court having no jurisdiction
2. Judgment has been given having no regards to merits of the case

3. It seems as the judgment is made by taking incorrect view of international law or refused
to recognize such law
4. Procedure adopted in the judgment is against natural justice
5. Judgment obtained by fraud
6. Judgment to breach any law in force in Pakistan
If the any one of the ground of section 13 from 1-6 is brought into the notice of executing
court the court shall rebut the presumption attached to the competency of the jurisdiction
of foreign court.
6. Execution of decree U/S 44-A

If the court to which the judgment is submitted presumed that judgment is by foreign court
having jurisdiction and same is not challenged by the defendant on any ground mentioned
in section 13 then next step is to check whether the foreign judgment is by superior court of
foreign court or lower court of reciprocating territory. It is to be noted that if judgment of
the foreign court presented in district court of Pakistan then all the provisions of execution
of decree by the district court shall mutatis mutandis apply to that foreign judgment.
7. Notice to the judgment debtor

Such district court of Pakistan shall issue a show cause notice to the judgment debtor that
why should this judgment not executed against him.
8. Foreign Judgment other than by superior court of U.K or

Reciprocating territory
It is worth noting that if the foreign judgment is not by superior court of the U.K or
Reciprocating territory then it can only enforced by a suit on the basis of foreign judgment
and district court of Pakistan shall treat this judgment mere cause of action and shall
conduct full dress trial upon such cause of action.
9. Preclude Remarks
Q.5: Incidental proceedings
1. Preface
2. Relay sections and order are

1) Section 75, 76, 77, and 78
2) Order 26 Rules 1-16
3. Incidental proceedings = issuing of commissions for the

purposes mentioned in section 75
Purposes for issuing commission section 75
(a) Examining a person
(b) To conduct local investigation
(c) To examine and adjust accounts
(d) To make partition
4. Examination of a person with in Pakistan in any other

Province
A) For examining a person for securing the ends of justice when the evidence of that
person is very necessary court either it’s on motion or on the application supported by
affidavit by suit party may issue commission for following reasons U/S 75-76 U/O 26 Rules
1-7
1. A person resides in court’s local jurisdiction but cannot attend the court due to sickness,
infirmity or any other inability
2. Any person who resides outside of court’s local jurisdiction
3. Any person who is about to leave that jurisdiction before the date of his examination by
court
4. Any person who is due to service of state cannot attend the court.
Court may issue commission to a court other the High court in another province where the
person resides. Court to which the commission is issued shall either examine by itself or
through some pleader or any other person and shall return such commission along with
evidence collected with report of such examination to the court issuing commission.
B) For conducting local investigation and for securing the ends of justice court may issue
commission for following reasons U/S 75 Order 26 Rules 9 & 10
1. For explaining a matter in dispute
2. For ascertaining the market value of any property
3. For ascertaining amount or mesne profits or damages or annual net profits
After execution of task assigned the commission will write a report and then sign it and then
return it along with evidence to the court. Any party to the suit may examine the
commissioner personally regarding the matters referred to him and mentioned in his report
or the manner in which investigation was conducted.
Status of such evidence
Evidence shall become part of the evidence and if the court becomes dissatisfied from the
work of the commissioner for any reason after reason to be recorded may order for further
inquiry.
C) Court may issue commission to examine and adjust accounts along with necessary
instructions and if dissatisfied May order for further inquiry U/S 75 U/O 26 Rules 11-12.
D) Court may issue commission to make partition of immoveable property where

preliminary decree regarding partition of immoveable property has been passed to make
partition according to rights and commission shall perform following functions U/S 75 U/O
26 Rules 13-14;
1. Divide the property into shares
2. Allotment of such shares to the parties
3. Prepare a report and sign it
4. Transmit it to the court

Court will hear the objections of the both parties then confirm, vary or set aside the report
so made and pass decree for confirmation or varied and if the court set aside the report it
shall then either issue a new commission or issue any other order which it thinks fit.
Examination of a person (witness) outside Pakistan U/S 77
Court may also issue letter of request to the court of a state under the Federal authority for
such examination and provisions of this code will mutatis mutandis apply.
5. Examination of a person by or at the instance of the foreign

court U/S 78
Court may also issue commission at the instance of the court of foreign state for such
examination and provisions of this code will mutatis mutandis apply.
Cost incurred in these proceedings
Cost to be submitted before such proceedings in the court at time fixed by the court
6. Preclude Remarks
Q.6: Interpleader suit
1. Preface:
Interpleader suit has some peculiarity with regard to the contest on it's subject matter . It is
a suit where there must be more than one defendants and the defendants contest against
each other for the disputed property. In an interpleader suit the plaintiff holds the movable
or immovable property and files the suit only to ascertain as to whom he should deliver the
property because the defendants claim the property against each other or they interplead
against each other. In every interpleader suit, there must be some debt or sum of money or
other property in dispute between the defendants only. And the plaintiff must be a person
who claims no interest therein other than for charges or costs and who is ready to pay or
deliver the property to such of the defendants as may be decided by the court to be entitled
to the property.
An interpleader suit is a suit in which the real dispute is between the defendants only and
the defendants interplead, that is plead against each other (instead of pleading against the
plaintiff as in an ordinary suit).
Illustration # 1: P is in possession of jewel box, wherein he claims no interest in it, and is

ready and willing to hand it over to the rightful owner. The box is claimed by A and B. P may
file an interpleader suit against A and B.
Illustration # 2: Where goods in the possession of a railway company are claimed by two
persons adversely to each other, and the company claims no interest in these goods (other
than a lien thereon for wharfage, demurrage and freight) it may institute an interpleader
suit.
2. Relay Sections:
Section 88 and Order 35
3. Conditions required for an Inter pleader Suit:

1. There must be some debt, sum of money, or other property - movable or immovable, in
dispute
2. Two or more persons must be claiming the same property adversely to each other
3. Plaintiff must not be interested, partly or wholly, in the same property (subject matter of
the suit)
4. There must not be a suit pending wherein the rights of rival claimants can be properly
adjudicated
5. Where any suit is pending in which the rights of all parties can properly be decided, no
such interpleader suit shall be instituted
6. Where the thing claimed is capable of being paid into court or placed in the custody of
the court, the plaintiff may be required to so pay or place it before he can be entitled to any
order in the suit
4. Format of interpleader suit:

Format of all civil suits are pretty much the same but in this suit a plaintiff must adhere to
these requirements
1. the plaintiff claims no interest in the subject matter in dispute other than charges and
costs
2. the claims have been made by the defendants severally
3. there is no collusion between the plaintiff and any of the defendants
5. Action of court when interplader suit is instituted:

At the first hearing of the suit the court may declare the plaintiff discharged from all liability
to the defendants in respect of the thing claimed, award him his costs and dismiss him from
the suit, or retain all parties until the final disposal of the suit if it thinks that justice or
convenience so requires.
6. Person debarred from suing an interpleader suit:

An agent cannot sue his principal or a tenant his landlord for the purpose of compelling
them to interplead with persons other than persons claiming through such principal or
landlord.
7. Procedure when the defendant is suing plaintiff:

The court where the defendant institute a suit against the plaintiff shall inform to the court
where the interpleader suit is filed by the plaintiff and the court of interpleader suit shall
stay the proceedings.
8. Cost of interpleader suit where the proceedings stayed by
the court:
The cost of interpleader suit either recoverable by the plaintiff through the defendant’suit
or through the same interpleader suit.
9. Preclude Remarks
Q.7: Interrogatories
1. Preface
2. Relay Section
Order 11 CPC
3. Discovery by interrogatories U/R (1)

Order 11 CPC allows the parties to a suit where the plaint or written statement does not
disclose sufficiently nature of the case and hereby the opposite party is allowed to discover
the answer to the questions required to understand the nature of the case by delivering
interrogatories. However the leave of the court is however required prior to the deliverance
of interrogatories. A party is not entitled to find out through interrogatories the facts
constituting the evidence of opponent’s cause.
Interrogatories should only be allowed in relation to Relay question in the suit and should be
confined to factual matters and should not relate to Preclude Remarks of law or
construction of documents. Interrogatories may be administered as the truth or untruth of
the facts contained in the pleadings. The interrogatories which are irRelay to the suit cannot
be allowed to deliver but they might be admissible on the oral cross examination of a
witness.
4. Particular interrogatories to be submitted U/R (2)

After getting the permission through application from the court, the proposed particular
interrogatories shall be submitted by the party to the court. Then the court would only
determine which of the interrogatories may be administered. Then the opposite party has
to produce the documents or make the admission against interrogatories but the leave by
court should only be granted in respect of such interrogatories as are necessary for
disposing fairly of the suit for saving the cost.
5. Cost of interrogatories U/R (3)

when the court or in the opinion of taxing officer with or without the application of inquiry
that the delivered interrogatories have been exhibited unreasonably or at improper length
then the cost shall be paid by the party in fault.
5. From of interrogatories U/R (4)
Interrogatories shall be in form no 2 in appendix, with such variation as circumstances may
require.
Corporation U/R (5)
Corporation being legal entities can sue and be sued, and similarly discovery may be
obtained against a corporation. The secretary of the corporation as a rule is the person to be
interrogated but interrogatories may also be administered to any other officer of the
company. An answer to such interrogatories is binding upon the company.
6. Objection to interrogatories by answer U/R (6)

When the delivered interrogatories are scandalous or irRelay or not exhibited bonafide for
the purpose of the suit or insufficient answer or incriminatory or relate to the party’s
evidence so such party can object on the delivered interrogatories.
7. Setting aside and striking out interrogatories U/R (7)

On receiving the interrogatories, the application may be made within seven days for striking
it out on the following grounds like un-necessary, prolix, oppressive, vexatious etc.
8. Answer to interrogatories by Affidavit R (8)

The answer to interrogatories on affidavit shall be filled within ten days or such other time
as the court may allow.
9. Form of affidavit in answer U/R (9)

The answer to interrogatories shall be in form no 3 in appendix with such variation as
circumstances may require.
10. No exception to be taken U/R (10)

In every condition the affidavit shall be given if it is objected by the party that is sufficient
then such insufficiency shall be determined by the court.
11. Consequences of not obeying order of the court R(11)

This rule empower a court to determine whether a party should answer an interrogatories
or not and upon a party refusing to obey the order of court, if the party is plaintiff the court
may dismiss the suit and if the party is defendant the court may strike out his right of
defence.
12. Using answer to interrogatories at trial U/R 22
When the answer is given to interrogatories then other party at the trail of suit cannot use
in evidence one or more answer. If the party does then the court may look at the whole of
the answer and also relate to those answers which are connected with the last mentioned
answers.
Q.8: Precept
1. Preface:
Precept in simple terms means a command, instruction, or order intended as an
authoritative rule of action. In legal terms, Precept means ‘a legal direction by one court to
another court.”The Precept Order is normally issued by one court, while executing a decree,
to another court of other area to attach the property of the judgment debtor situate in that
area. In other words, if a property to be attached is situate in the area of another court’s
territorial jurisdiction, and then the court which passed the decree can issue a precept order
to that court to attach that property of the judgment debtor. Every court has its jurisdiction
within the limits of its territorial area and not beyond that. Therefore the court which
passed the decree shall have power to issue such Precept order to another court to attach
the property of the judgment debtor property which situate within its territorial jurisdiction.
2. Relay Sections:
Section 46 of CPC
3. Literal meaning:
It is a letter of request by a court which passed a decree requesting another court having
jurisdiction over the subject matter adjudicated upon to attach the said property belonging
to a judgment debtor.
4. Who may apply for precept?

The decree holder is the person who may apply for precept and it is worth noticing that
applying for precept is not independent right but a step towards execution of decree.
5. Competency of court to which the precept is made:

The court to which the precept is made must be competent regarding its territorial, subject
matter as well as pecuniary jurisdiction.
6. Powers of the court to which precept is made:

The court to which the precept is made by the trial court is empowered
1. To attach the property of the judgment debtor and the attachment takes effect from the
date the precept is made.
2. To sale the attached property upon the request, instruction or order of trial court who
made the precept upon a request by the decree holder.
7. Duration of attachment under precept:

The property so attached under the precept remains attached for two months until
extended by the court making precept.
8. Preclude Remarks:
A precept is not an Execution petition. It is only intended to enable the Decree holder to
obtain an interim attachment when it is apprehended that he would be deprived of the
fruits of the decree. It is a request, by the court, which passed the decree to another court
by which attachment has been made. The attachment in pursuance of a precept is limited to
two months unless it is extended further. The Decree holder necessarily files an execution
petition in the court, which has attached the property for sale of the property. Every
application for issue of a precept shall be in the form of an interlocutory application by
assigning proper reasons.
Q.9: What is Review, who may apply for review and what are the grounds for filing an
application for review?
1. Preface
Civil Procedure code has granted right of reviews, but this right has been made subject to
procedure, conditions and limitations, which have been prescribed in rules of order 47 of
Civil Procedure Code. Right of review is a substantive right, the main object of which is to
enable the courts to correct errors, in the decisions pronounced by them. If the decree or an
order or made on the basis of some record and there has been some mistake or error
apparent on the face of record or some new and important matter or evidence is discovered
after the passage of decree or order or another such sufficient reasons, the application of
review, may be made by the aggrieved party.
2. Relay Sections
Section 114 Order 47
3. LEXICAL MEANING OF REVIEW:

According to black’s law dictionary:
“ consideration , inspection or reexamination of a subject or things”.
4. Grounds of Review
Following are the main points :
1. Appealable Decree or Order

When any person is aggrieved by a decree or order and appeal is allowed against such
decree or order, but appeal is not filed, review application can be filed against such decree
or order.
2. No Right of Appeal allowed

Where no right of appeal is allowed to an aggrieved party, he can file a review application.
3. Discovery of new and important matter or evidence

When new and important matter or evidence is discovered, but such matter or evidence
was not within knowledge of aggrieved person or such matter or evidence could not be
produced by aggrieved person at that time when decree or order was passed, review
application can be filed.
Note evidence must be Relay and such nature that would if not allowed effect the decree or
order and party has to show strict proof regarding this ground otherwise application is liable
to be rejected by the court.
4. Mistake or error
When any mistake or error is apparent on face of record, and not require any extra evidence
to establish it, than a review application can be filed.
5. Any other sufficient Ground

Party may apply for review, an order or decree when there is any other sufficient ground or
reason, review application can be filed.
4. Forum of Review
An application for review shall lie to the following authorities.
(i) Review application against decree or order of High Court

When decree or order, against which reviewed is prayed, is that of High Court, review
application should be filed before any judge of High Court.
(ii) Same judge or his successor

When the decree or order is that of court, other than High Court, it shall be reviewed by
same judge or his successor. Rejection of Application of Review
(i) Where it appears to the court, that there is no sufficient reason for review.
(ii) Where an application for review is heard by more than one judges, and the court is
equally divided.
6. Order of Rejection non-Appealable

No appeal lies, from an order rejecting an application for review.
7. Restoration of review application

When application for review is rejected for non appearance of applicant then court
application by the applicant may restore it and shall serve a notice to the defendant.
8. Limitation Period Application of Review

The application for review provides period of 90 days from date of the decree or order
except in case mentioned in sec 161 and 162 of limitation act 1908 which respectively deal
with the review of judgment or decree of the small causes court and the High Court.
9. SCOPE OF REVIEW :
Review has a very limited scope and that is only to rectify any mistake apparent on the face
of record or if some material evidence has not been taken into consideration oe has been
totally ignored while passing the judgment .

To conclude that court possesses discretionary power to allow review application. However,
it is necessary that such power should be exercised judicially.
Q.10 Suit by or on behalf of minor and person of unsound mind
1. Preface
Minor/person of unsound mind is not allowed to sue any person by himself as law considers
him/her as not mature enough. For this reason he is presumed to be under the care of court
of law and it is the duty of the court to make sure that such minor while filing a case against
another person is represented by fit and proper person as a guardian or next friend.
2. Relay Sections
Order 32 Rule 1, 2, 5-16
3. Procedure for filing suit on behalf of minor/unsound

minded plaintiff
A suit on behalf minor/person of unsound mind is always brought under the name of minor/
person of unsound mind through the next friend.
4. Who is next friend?

a) The person who initiates and institute a suit on behalf of minor/person of unsound mind
b) A person who looks after the interests of the minor/person of unsound mind
5. Consequences for filing the suit without next friend

Court either on the application of the defendant or by suo moto, shall
a) Take the plaint off the file
b) Order the pleader or person presenting the minor/person of unsound mind to pay the
cost
Court after issuing notice to the person presenting the case of minor/person of unsound
mind and hearing the plaintiff side, shall make any order which he thinks fit.
6. Procedure where defendant does not object minority or
unsoundness
Where defendant being aware of the fact of minority/unsound mindedness does not object
the decree would be binding upon the defendant.
7. Procedure where objection is satisfied by the plaintiff and

suit is represented through next friend
In the case where dispute arises relating to minority after objection is satisfied the matter
would be treated as preliminary issue and determined by the court.
8. Procedure of application by the defendant where the suit is

filed without next friend
Defendant is duty bound to present a list of relatives of the plaintiff along with the
application supported by affidavit, verifying the fact that proposed guardian has no interest
in the suit adverse to that of minor/unsound mind person and is a fit person to act as next
friend while challenging the minority/ unsound mindedness.
9. Notice regarding appointment of next friend or guardian

by the court
Before appointing any person as a guardian court must serve a notice to the minor/person
of unsound mind as well as natural guardian or father or person declared as guardian of the
minor or unsound mind person.
10. Qualification to be a next friend/guardian

1. Sound minded
2. Major
3. Is not defendant in the suit
4. Has no interest adverse to the plaintiff

11. Procedure where Next friend/guardian appointed or
declared by competent authority
Where Next friend/guardian is appointed or declared by competent authority then such
person shall act as same but court may by reason to be recorded for the welfare and
interest of the plaintiff order any other person to be next friend.
12. Co-plaintiff as next friend

Where no other relative is found then court may appoint any co-plaintiff as next friend.
13. Officer of the court as next friend

Where neither any fit or willing relative is found nor any co-plaintiff is present then court
shall appoint any pleader of the court or any other person as next friend.
14. Consent of guardian/next friend

Court shall not appoint any guardian without his consent and such consent shall be
presumed to be given unless expressly refused.
15. Retirement of the next friend

A person acting as a next friend may seek retirement by application supported by affidavit
to the court and also following the procedure
1. Provide a fit person in his place
2. Giving security for cost already incurred
3. Person recommended has no interest adverse to the plaintiff
16. Removal of the next friend

A next friend can be removed on the application by minor or by defendant or court by
himself on the following reasons;
1. Adverse interest
2. Fail/ avoid performing his duty as next friend
3. Leave Pakistan during pendency of the suit
4. Any other sufficient cause

The suit proceedings shall remain stayed until the appointment of new guardian in case
retirement or removal or death of the guardian.
Q.11: Suit against minor and person of unsound mind
1. Preface
A minor or a person of unsound mind can only be sued through a guardian appointed by the
court i.e. guardian Ad-litem (guardian for the suit). If a minor/person of unsound mind is not
represented by fit and proper guardian Ad-litem then the decree obtained against them
would be nullity in the eyes of law.
2. Relay Sections
Order 32 Rules 3-16
3. Procedure for appointment of guardian Ad-litem

A guardian Ad-litem is appointed by court either at the application of
1. Plaintiff or
2. Defendant
4. Procedure on application of Plaintiff

It is the duty of the plaintiff to file a plaint with the list of relatives of minor/person of
unsound mind and other persons with their addresses who are prima facie more likely to be
capable of acting guardian Ad-
litem In suit against minor or a person of unsound mind and if the plaintiff fails to furnish
such list of relatives the plaint may be dismissed.
5. Procedure where the defendant pleads

minority/unsound mind
Where the defendant pleads minority/unsound mind then it is the court who shall
determine the issue relating to guardian Ad-litem.
6. Verification by Affidavit
Every application either made by plaintiff with list of relatives or by the defendant pleading
minority shall be supported by affidavit verifying the fact that the proposed guardian has no
interest in the suit adverse to the minor or person of unsound mind and regarding his
fitness.
7. Notice regarding appointment of guardian by the court

Before appointing any person as a guardian court must serve a notice to the minor/person
of unsound mind as well as natural guardian or father or person declared as guardian of the
minor or unsound mind person.
8. Qualification to be guardian
5. Sound minded
6. Major
7. Is not plaintiff in the suit
8. Has no interest adverse to the defendant
8. Procedure where guardian appointed or declared by

competent authority
Where guardian is appointed or declared by competent authority then such person shall act
as same but court may by reason to be recorded for the welfare and interest of the plaintiff
order any other person to be guardian.
Co-defendant as guardian
Where no other relative is found then court may appoint any co-defendant as next friend.
Officer of the court as next friend

Where neither any fit or willing relative is found nor any co-defendant is present then court
shall appoint any pleader of the court or any other person as guardian for that minor.
Consent of guardian
Court shall not appoint any guardian without his consent and such consent shall be
presumed to be given unless expressly refused.
Retirement of the guardian
A person acting as a guardian may seek retirement by application supported by affidavit to
the court and also following the procedure
4. Provide a fit person in his place
5. Giving security for cost already incurred
6. Person recommended has no interest adverse to the plaintiff
Removal of the guardian

A guardian can be removed on the application by minor or by plaintiff or court by himself on
the following reasons;
5. Adverse interest
6. Fail/ avoid performing his duty as next friend
7. Leave Pakistan during pendency of the suit
8. Any other sufficient cause
The suit proceedings shall remain stayed until the appointment of new guardian in case
retirement or removal or death of the guardian.
Q. 12: Compromise on behalf of minor or unsound mind
1. Preface
2. Relay Sections
Order 32 rule 7, section 147 of code of civil procedure 1908
3. Capacity of minor regarding suit

Minor is incompetent
a- Minor cannot sue
b- Minor cannot be sued
4. Who is minor?
Section 3 of majority act 1870 Minor is a person who has not attained the age of 18 years.
5. Compromise on behalf of minor/unsound mind

General rule No compromise shall be made on behalf of minor.
Exception
Compromise may be made on behalf of minor with leave of court. SCMR 2007 SC 1684
6. Who may compromise on behalf of minor/unsound

mind person?
Following are the persons who may compromise on behalf of minor
a- Next friend
b- Guardian and ad-litem appointed by the court
c- Natural guardian
7. Procedure
a) Application for leave of court
b) Application must be made in concerned court
c) Application must be made by next friend, guardian or ad-litem or natural guardian
d) Agreement or compromise can only be made on the express leave of court.
8. Effect of that compromise with leave of the court

2006 YLR 1577
A compromise made by guardian on behalf of minor is binding on minor.
Effect of that compromise with leave of the court

Compromise made without leave of the court is not void but voidable(at the option of the
minor/unsound person)
Effect of compromise made by fraud

A minor can challenge the compromise in the court on the ground that it was made
fraudulently. SCMR 2007 SC 168
Time of compromise
a) During suit
b) Subsequent to decree
c) At appeal stage
Q.13: Suit by Alien
1. Preface
2. Relay Sections:
Section 83 of CPC
3. Classification of Alien:
a. Alien friend: Those who resides in a country to which their mother land is at friendship.
b. Alien Enemy: Those who resides in a country to which their mother land is at war.
c. Alien Enemy residing in a foreign country: Every person residing and carrying on business
without a license of the Central Government in a foreign country at war with Pakistan, is for
this purpose, deemed to be an alien enemy residing in a foreign country.
1. Conditions to sue as alien by Alien friend:
Alien friends may sue in any Court of competent jurisdiction as if they were citizens of
Pakistan.
2. Conditions to sue as alien by Alien Enemy:
Alien enemies can sue with the permission of the Central Government provided they are
residing in Pakistan.
3. Alien Enemy residing in a foreign country:
Alien enemies residing in a foreign country as defined above with the permission of the
Central Government can sue in any Court of Pakistan having competent jurisdiction.
Q.14: Suit against the government or public officer or by the government
1. Preface
2. Relay Sections
Section 79-82 order 27 CPC
3. Name of Parties to the suit

a) A suit by or against the federal government is filed in the name of Pakistan
b) A suit by or against the provincial government is filed in the name of concerned province
c) A public officer is to be sued personally and not in his public name unless he is a
corporation sole.
4. Procedure of suit filed against govt or public officer

a) With notice U/S 80(1) CPC
b) Without notice U/S 80(2) CPC
5. Institution of suit With notice U/S 80(1) CPC

A suit against government or public officer may be filed by giving notice to such government
or public officer two months before such filing.
To whom notice is to be served?

1. In case suit is against federal government notice is to be served to the secretary of the
state.
2. In case suit is against provincial government notice is to be served to either to the

secretary of the province concerned or to the collector of the district.
3. In case suit is against Railway the notice is to be served to the General Manager
4. In case suit is against public officer notice is to be served to such public officer or left at
his office
Contents of notice
1. Cause of Action
2. Description and name of plaintiff
3. Relief claimed
Object of the notice

To give sufficient time to government or public officer that it/he may consider the position
and decide whether claim of the plaintiff should be accepted or defended.
Note:
Where at the expiration of period of two months and plaintiff claim remains unsatisfied the
plaintiff is then allowed to institute a suit.
Plaint under section 80(2)

Plaint in case notice served but claim remains unsatisfied must contain statement of
delivery of such notice.
6. Institution of suit without notice/without statement

of delivery of notice U/S 80(2)
Court shall allow not less than three months to the defendant for written statement.
7. Procedure by the government/public officer as a

plaintiff/defendant
A) Signing of Plaint and written statement
In any suit by or against government, plaint or written statement should be signed by the
person, whom government appoints in this behalf through general or special order.
B) Verification of Plaint and written statement
In any suit by or against government, plaint or written statement should be verified by that
person, whom government appoints in this behalf through general or special order and who
is familiar with facts of case.
C) Fixing of day for appearance on behalf of Government
In fixing day for government to answer plaint, court should allow reasonable time for
necessary communication with government through proper channel and for issuance of
instructions to government pleader to appear and answer on behalf of Government. Even
court possesses discretion to extend such time.
D) Extension of time
When defendant is public officer and he considers it proper to make a reference to

government before answering plaint and he applies for extension of time so that he can
make such reference and can receive orders, court should extend time for answering to
plaint.
8. Procedure in suits against Public officer

If government undertakes defense of some suit against public officer, government pleader
should apply to court at the time when he is furnished with authority to appear and answer
plaint. And court should enter note of his authority in register of civil suits. But if such
application is not filed, case is considered to be as suit between private parties.
9. Execution proceeding by or against Government or

Public officer
Time for execution of Decree
When decree is against some public officer in respect of that act, which he has done in his
official capacity, time should be specified in decree within which decree should be satisfied.
Reporting of case
When such decree is not satisfied within specified time, court should report case for orders
of provincial government.
Execution after reporting of case
Execution should not be issued on any such decree unless it remains unsatisfied for period
of three months, and this period is computed from that date when case is reported for
order of provincial government.
Arrest/Attachment of property of public officer

Public officer is not liable to arrest or his property is not liable to attachment in that suit,
which is filed against him in his official capacity. However, he can be liable to arrest or his
property can be liable to attachment in execution of decree.
Law regarding cost
Plaintiff is not entitled to cost
a) If the issue is resolved within two months after institution of the suit
b) If the claim of the plaintiff is accepted within the two months after the institution of the
suit
10. Preclude
Q. 15: TEMPORARY INJUNCTION
1. Preface
2. Relay Sections
Order 39 , Rule 1-5 of C.P.C ,1908
3. Meaning of Injunction
“ An injunction is a judicial process whereby a party is ordered to do or to refrain from
doing a particular act and as such can either be mandatory or
prohibitory in nature”.
4. Meaning of Temporary Injunction

ACCORDING TO BLACK’S LAW DICTIONARY :
“A temporary injunction issued before or during trial to prevent an irreparable injury

from occurring before the court has a chance to decide the case”
5. Conditions for the Grant of Temporary Injunctions
 Prima Facie Case
 Irreparable Loss
 Balance of Convenience
Circumstances When Temporary Injunctions can be Granted

i. Danger that Property is being Wasted
ii. Danger that Property is being Alienated
iii. Danger that Property is being Damaged
iv. Wrongfully Sold in Execution of Decree
v. The Defendant Threatens or Intend to Remove Property
vi. The Defendant Threatens or Intend to Dispose of Property
vii. Danger of Destruction of Property
viii. Restraining Defendant to Commit Breach of Contract
ix. Restraining Defendant to Commit Injury of any Kind
x. To Prevent Infringement of Any other Right
6. In a Pending Suit
SCMR 1996 SC 1217
A temporary injunction can only be granted in a pending suit , it cannot be granted

after a suit has been disposed off .
7. Discretion of Court
Jurisdiction to grant injunction is of an equitable character, and an application is required to
satisfy the court’s conscience, whether injunction should be issued or not and in granting
injection court may impose such condition, as it thanks fit.
8. Purpose of Temporary Injunction

temporary injunction issued before or during trial to prevent an irreparable injury from
occurring before the court has a chance to decide the case.
9. Until the Disposal of Suit
10. Duration of Temporary Injunction
a. In the Absence of Defendant
b. In other Case
11. Notice to Opposite Party

Notice must be given to opposite party
12. Difference between Rule 1 And 2
c. Nature of Suits
d. Conditions
e. Nature of Injury
f. Against whom Issued

g. Who can Claim
h. Nature of Order
i. Duration of Order
j. Disobedience

Q. 16: SUMMONS
1- Preface
Summons are issued to the defendants to inform that a legal action is going on against them
mentioning the date and place of hearing. The issuance of summons is based on the maxim
“AUDI ALTERAM PARTEM”
“NO ONE SHOULD BE CONDEMNED UNHEARD”
Moreover it is the issuance of summons, which vests the jurisdiction to the court over the
defendant.
2- Relay Sections
Sections 27, 28, 29, 31 & 32
Order V & XVI
3- Definition of Summons
“It is an instrument to commence a civil action or a special proceeding and is a mean of

acquiring jurisdiction over a party”
4- Object of Summons
5- Rational Behind the Summons

6- Condition for Issuing of Summons --- Section 27
“A suit is deemed to have been duly instituted after it has been duly registered”
PLD 1958 SC 195
7- Modes of service of summons
a. By Delivering or Tendering a Copy --- O.V R.10
b. Service by post --- O.V R.10-A
Presumption in favor of service
“Where summons is sent by means of registered post, properly addressed, the service shall
be presumed to have been affected, even where the envelope endorsed as refused or postal
acknowledgement not signed”
PLD 1990 KAR 312
c. Personal Service
i. Different modes of affecting personal service
1. Service upon the defendant personally O.V R. 12
that the summons should be affixed

2. Service upon the agent of the defendant
a. Agent generally empowered in this behalf
b. Agent who carries on the business of the defendant -- O.V R. 13
communicated to the principal or not, it will be deemed to be valid service
c. Agent in charge of the immovable property Rule 14
3. Service upon the family member of defendant -- Rule 15
ii. Person served to sign acknowledgement -- Rule 16
d. Service by affixation O.V R. 17
i. Conditions Precedent
1. Refusal to sign acknowledgement
2. Defendant cant be found and has no agent
ii. Manner of affixation
iii. Report to the court
iv. Mandatory nature

“The provisions of this rule are mandatory in nature and failure to comply with would
render the service vitiated”
1985 SCMR 1228
e. Substituted service O.V R.20
i. Substituted service is opted as a last resort
ii. Relay Section
iii. “Satisfaction of the court”
iv. Evasion of service by the defendant
v. Summons cant be served in ordinary way
vi. “Court shall order substituted service”
vii. Conditions
viii. Modes of substituted service
1. Affixing a copy of the summon on some conspicuous part of the house R.20 (1)(a)
2. The use of electronic devices R. 20(1)(b)
3. Urgent mail service or public courier service R.20 (1)©
4. Beat of drum in the locality where the defendant resides R. 20(1)(d)
5. Publication in the press R.20 (1)(e)

6. Any other manner or mode R.20 (1)(f)
ix. Effect of substituted service
x. Time limit
xi. Proviso
xii. Effect of irregularities
8- Service of Summons where Defendant Resides in

another Province – section 28
9- Service of Foreign Summons – 29
10- Critical Analysis
defend the case instituted against him.
to his knowledge that a legal proceeding is going on against him.
ervice summons. And if the service of

summons in ordinary way can’t be made or defendant avoids the service it provides for
substituted service.
Q.17: CIVIL COURTS ARE COURTS OF ULTIMATE JURISDICTION
1- Preface
“UBI JUS IBI REMEDIUM” is a goal towards which the modern civilizes society has been
progressing steadily. To achieve this goal and for the civil administration of justice in a
civilized society, we create law, procedure and courts. The first question which arise before
filing a civil suit under civil law is to chose a court competent to decide the issue in
controversy and has power, as held in
“To hear and determine a cause to adjudicate or exercise power in relation to it which
includes power to hear and determine issues of law and fact”
2- Relay Sections
Sec 9 of C.P.C 1908
3- Primary issue
4- Civil courts are courts of ultimate jurisdiction
5- Analysis of Section 9
1- “Court”
i. Definition of Court by
“An organ of the government belonging to the judicial department, whose function is the
application of laws to controversies brought before and public administration of justice”
BLACK’S LAW DICTIONARY
ii. Definition of Civil Courts
“Civil courts are such as are established for the adjudication of controversies between
individual parties or the ascertainment, enforcement and redress of private rights.”
iii. Creation of civil courts
iv. Section 3 of West Pakistan Civil courts Ordinance
v. Classes of civil courts

i
ii
iii
iv
2- “Jurisdiction”
i. Definition of Jurisdiction
“Jurisdiction is the authority by which the courts and the judicial officers take cognizance of
and decide cases.”
ii. Case Law Definition

RAJA SOAP FACTORY VS. S.P. SHANTHRAJ
AIR 1965 S.C. 1449
“Its usual meaning is the extent of the authority of a court to administer justice prescribed
with reference to the subject-matter, pecuniary value and local limits.”
iii. Power to Inquire
POLICE COMMISSIONER OF BOSTON VS. MUNICIPAL COURT OF DORCHESTER DISTRICT
(1993)
“Jurisdiction is the power of the court to inquire into facts, apply the laws, make decisions
and decide judgments.”
iv. Jurisdiction of Civil Courts u/s 9
v. Jurisdiction of Civil Courts and Jurisdiction

of Law ----Difference
vi. Determination of Jurisdiction
1. By Plaint
luation Act
KHAZIR HAYAT VS. SALEH MOHD.

PLD 1986 LAH 242
2. Inherent Powers of the Court
3. Pith and Substance of the Relief
4. Bars by CPC
5. Bars by other Laws
vii. Consent can’t give and oust Jurisdiction
viii. Objection to the Jurisdiction
ix. Difference between absence of Jurisdiction and error in exercise of

Jurisdiction
time, could be of no consequences
x. Object of Jurisdiction
action. The right of action is to be established by reference to substantive law.
xi. Effect of Jurisdiction
court has jurisdiction, its adjudication, right or wrong, is binding upon the parties.
xii. Effect of no Jurisdiction
xiii. Kinds of Jurisdiction
1. Subject matter Jurisdiction u/s 91 & 92
2. Territorial Jurisdiction u/s 16
3. Pecuniary Jurisdiction u/s 6 & 15
4. Personal Jurisdiction u/s 19 & 20
5. Appellate Jurisdiction u/s 96
xiv. Simultaneous Application of all Kinds of Jurisdiction
3- “Suits of Civil Nature”
Whenever the object of proceeding is the enforcement of civil rights, a civil court has
jurisdiction to entertain the suit independently of any statute unless its cognizance is either
expressly or impliedly barred
i. Relationship of Civil Rights and Civil Suits
Any proceeding, which involves the assertion or enforcement of a civil right, is a civil
proceeding.
ii. Suits of Civil Nature
iii. Examples of civil suits
1. Suit for the specific performance of contract
2. Questions of title
3. Suits in relation to private trust

4. Right to pre-emption
5. Claims arising out of partnership
6. Right to recover rents
7. Right to demand accounts
8. Right to set aside a transaction
9. Suits for damages in torts
iv. Explanation to sec. 9
“A suit in which the right to property or to an office is contested is a suit of civil nature,
notwithstanding that such may depend entirely on the decision of question as to religious
rites or ceremonies.”
4- “Subject to provisions herein contained”
5- “Suits expressly or impliedly barred”
i. Express bars
1. Absolute Bars
a. Res subjudice u/s 10
b. Res judicata u/s 11
c. Application u/s 12(2)
d. Execution of decree u/s 47
e. Application for restitution u/s 144
f. Relinquishment of part of claim u/o II rule 2
g. Decree against plaintiff by default u/O IX rule 9

h. Plaintiff’s insolvency O.XXII R.9
i. Withdrawal or abandonment of part of claim O.XXIII R.1
2. Conditional Bars u/s 83 & 84
3. Special Bars u/s 79 & 80, 92 & 93 , O. XXXII R. 14
ii. Implied Bars
1. Acts of state
2. Public policy
3. Political questions
4. Sovereign acts
iii. Bars under other Laws
1. Criminal matters
2. Revenue matters
3. Rent matters
4. Family matters
5. Military courts
6. Special tribunals
6- Critical Evaluation
7- Preclude Remarks
Q. 18: CONSENT DECREE
1. Preface
2. Relay Sections
Section 96(3)
Order XXIII Rule 3
3. Meaning Of Consent Decree
“When a decree is passed in accordance with an adjustment, agreement, compromise or

satisfaction recorded under the provisions of Order XXIII Rule 3 CPC, it would be recorded
as consent decree.”
PLD 1961 Lah 823
4. Analysis of Rule 3 Order XXIII
a. “where it is proved”
b. “to the satisfaction of the court”
c. “a suit has been adjusted”
d. “wholly or in part”
e. “by any lawful agreement or compromise”
f. “defendant satisfied the plaintiff”

g. “the court shall”
h. “record the agreement, compromise or satisfaction”
i. “shall pass the decree”
5. Test for Determining Consent Decree
6. Essentials of Consent Decree
Agreement or compromise
Agreement must be between the parties
Agreement must be in respect of subject matter
Compromise must be lawful
Compromise must be recorded by the court
Decree is passed in the light of compromise
7- Execution of consent decree
“ The Consent decree is executable is like any other decree, but only in relation to the
operative parts thereof.”
1984 CLC 874
8- Appeal Against consent decree
General Rule – Section 96(3)
9. Section 96(3) --- A Mandatory Provision
10- Principle
“By consenting to the settlement of the controversy, the parties give up the right of appeal
against such agreement.”
1989 SCMR 1826
11- Estoppel
“ A consent decree operates as Estoppel”
PLD 1969 Lah. 365
12. Consent Decree When Appealable
 A party to the suit alleges that he is not party to compromise
 Where it is alleged that decree is not passed with consent

 Court has no jurisdiction over the subject matter
 Where there is dispute regarding nature of dispute
 Decree is not according to compromise
 Decree travels beyond agreement
 Where consent is given under fraud
 Where consent is given under mistake
 Where there is no agreement at all
 Where strict requirements of O XXIII Rule 3 are not fulfilled

Q. 19: COSTS
1. Preface
The main object of the provisions granting costs to the litigant is to secure to him the
expanses incurred by him in the litigation and not to enable him to make anything in the
way of gains or profit, over and above the expenses for maintaining or defending the
action, nor to give exemplary damages or smart money, by way of penalty of punishment
on the opposite party.
2. Relay Sections
Sec 35 of C.P.C 1908.
3. Meaning of costs
“A pecuniary allowance, made to the successful party and recoverable from the losing
party, for his expenses in prosecuting or defending an action or a distinct proceeding
within an action”
4. Purpose and object of costs
5. Types of costs have been mentioned in CPC

a. Actual cost under sec 35 C.P.C

b. Compensatory cost under sec 35-A
c. Special cost under sec 35-A
6. Section 35 CPC
a. It relates to actual costs
b. Object of awarding actual costs
PLD 1990 SC 28
c. Analysis of Section 35
i. “Subject to conditions, limitations and provisions of law”
ii. “Costs and incidents to all suits”
iii. “Discretion of courts”
iv. Costs by whom payable
v. Interest may also be given on costs
vi. Costs shall follow the event
7. Rules for awarding actual costs u/s 35
d. The successful party is entitled to his costs
e. Where each party is partly successful, the court should apportion the
costs between them
f. In the absence of any agreement between several parties defending an
action or proceeding, the court shall apportion the costs allotted to
them
g. A person wrongfully or unnecessarily made a party is entitled to his

costs
h. Where both parties are guilty of bad faith, they shall be deprived of the
costs
i. Where the law is laid down for the first time or the law point is not free
from doubt, the parties should be made to bear their own costs
j. In test cases there should be no costs
Section 35-A CPC
k. It relates to compensatory costs
l. Explanation of section 35-A (1)
m. Analysis of Section 35-A (1)
i. “In any suit or other proceedings”
ii. “Not being an appeal”
iii. “Any party”
iv. “Objects to the claim or defense”
v. “On the ground that claim or defense is false or vexatious”

vi. “To the knowledge of the party by whom it is put forward”
vii. “Such claim is disallowed, abandoned or withdrawn”
viii. “At the earliest opportunity”
ix. “After recording reasons”
x. “Order for payment of costs by way of compensation”
n. False or Vexatious Claim or Defense
o. Maximum compensatory costs to be awarded u/s 35-A (2)
p. Powers of court of small causes u/s 35-A (2)
q. Powers of High Court U/s 35-A (2)
i. High Court can enhance the power of courts of small causes

awarding compensatory costs
ii. High Court can limit the powers of courts or classes of courts of
awarding compensatory costs
r. Order of compensatory costs do not bring any exemption from criminal

liability u/s 35-A (3)
s. Subsequent suit for damages u/s 35-A (4)
Conditions for awarding compensatory costs u/s 35-A
t. The claim of defense must be false of vexatious
u. Objection must be taken that the claim or defense is false or vexatious

to the knowledge of the party rising it
v. Such claim or defense must have been disallowed or abandoned or

withdrawn in whole or in part
8. Difference between actual costs and compensatory costs
1. Provisions
i.
ii.
2. Scope
i. Under section 35 scope is limited.
ii. Under section 35-A scope is wider
3. Object
i.
ii.
4. Limits by High Court
i. In actual costs ,court has the complete discretion to award costs.
ii. In compensatory costs High Court has the power to limit the costs to be awarded.
5. Jurisdiction of court
i. Under section 35 court can award costs even if it has no jurisdiction to try the suit .
ii. Under section 35-A a Court cannot go behind its pecuniary limits.
6. Reasons
i.
ii.
7. Interest on costs
i.Under section 35 , interest may be given on actual costs.
Under section 35-A
ii.under section 35-A no such provision is present for compensatory costs .
8. Maximum amount
i.
ii.
9. Grounds
i.
ii.
10. By whom paid
i.Actual costs under section 35 may also be apportioned between the two opposite parties .
ii. Compensatory costs under section 35-A are always paid by the party who made the false
or vexatious claim or defence.
11. Apportionment
i.
ii.
12. Appeal
i.under section 35 ,where directions , to costs are a party of a non-appealable under, no

appeal lies against it .
ii.Order under section 35-A are appealable orders and an appeal is competent against such
an order.
9. Preclude Remarks
The general principle of awarding costs to a litigant u/s 35 is based on to secure to him the
expenses incurred by him in the litigation. But if the trial court is satisfied that the
litigation was inspired by vexatious motives and altogether groundless it can take
deterrent action and can award compensatory costs. Section 35 and 35-A provides the
conditions and circumstances under which costs are to be paid to litigant.
Q. 20: EX PARTE PROCEEDINGS
1. Preface
After a suit is instituted in a court of law, the court issue summons to the defendant to
appear and defend the suit instituted against him.
But if after due service of summons, the defendant does not appear and defend, the
code of civil procedure authorizes the courts and provides the procedure to pass ex parte
decree against the absent defendant without recording evidence of the plaintiff.
2. Relay Section
Order 9 Rule 6,7,13,14 of C.P.C
3.Cross reference :
Order 17 Rule 2 of C.P.C
4. Meaning of ex parte
Ex parte means in the absence of other party
5.Definition of ex parte Decree
“Judicial proceeding, order, injunction etc. is said to be ex parte when it is taken or

granted at the instance and for the benefit of one party”

6. Order IX Rule 3 --- General Principle
7. Order IX Rule 6 --- Procedure Where only Plaintiff Appears
a. Applicability
b. Constitutions for ex parte Proceeding
c. Procedure
i. Evidence
“Though the court is authorized to proceed ex parte yet it should require the plaintiff to
adduce evidence to prove his case and dispose of the matter upon a consideration of the
Relay matter”
PLD 1991 SC 363
ii. Facts of the Case and Law Applicable
iii. Where Defendant Had Earlier Put in Appearance
iv. Where Issues have been Framed
v. Reasons
d. Court is Authorized only for ex parte Proceedings
“ All that rule 6 does is to authorize the court to proceed ex parte, and in this sense it doest
direct the court to make an ex parte decree or order”
PLD 1978 SC 89
e. Procedure for Disposal of Case
8. Three Situations under Order IX Rule 6
f. Where Summons Duly Served
g. Where Summons not Duly Served
h. Where Summons are Served but not in Due Time
9. Instance Where ex Parte Proceeding Can’t be Ordered
i. Against a Minor who is unrepresented by a guardian
j. Against a person in jail without first arranging for his representative in court
10. Procedure Where Defendant Appears on the day of Adjourned

Hearing and Assign a Good Cause for Previous Non-appearance O IX R
7
10. 1. -Appeal against order O IX R 7

11. Procedure in Case of one of Several Defendants O IX R 11
12. Where Party is order to Appear in Person O IX R 12

Q. 21: Appeal
1. Preface
Any person having a grievance or desiring to assert a right of civil nature has right to
institute a civil suit for such purpose, unless the suit is either expressly or impliedly
barred.
However, an appeal is not an inherent right exercisable by a party consequent on the

passage of decree.
It can be available only where law expressly grants it and in that sense an appeal is a
creation of a statute.
2. Relay Sections
3. Methods Provided in CPC to Check the Correctness of a Decree
“A complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in

which the error or injustice is sought to be corrected or reversed.”
“It is a complaint made to superior court against the decisions of a subordinate court, with
the object of getting such order set aside or revised”
PLD 1981 SC 790

5. Scope and Object of Appeal
6. Kinds of Appeal in CPC

i.1st appeal
ii.2nd appeal
7. Appeal is not an Inherent Right
1- Who May File Appeal
2- Procedure
8- First Appeal
9. Definition of First Appeal
“An appeal challenging the decree passed by any court exercising original jurisdiction to
the court authorized to hear appeals from the decisions of such court.”
10. Analysis of Section 96
a. Court authorized to hear appeal
b. Appeal against ex parte decree u/s 96(2)

c. Appeal against consent decree u/s 96(3)
d. Forum of appeal
e. Limitation
f. “Save as otherwise provided”
11. Decision on first appeal u/s 98
g. Decision by majority u/s 98(1)
h. If there is no majority
i. Proviso
12. Limitations on first appeal

First may be filed within 30 days .
13. Procedure of first appeal
j. Relay Sections ----- O41
k. Form of Appeal -- R1 (1)

l. Contents of Memorandum --R 1 (2)
m. What to Accompany Memorandum -- R 2
n. Rejection or Amendment of Memorandum -- R 3
o. One of Several Plaintiffs or Defendants may Obtain Reversal of Whole

Decree Where it Proceed on Common Ground to all --R 4
p. Stay of Proceeding -- R 5
q. Security -- R 6 & 10
r. Registry of Memorandum of Appeal -- R 9
s. Notice to Court Whose Decree Appealed From -- R 11
t. Day for Hearing Appeal -- R12
u. Procedure on Hearing
i. Right to Begin -- R 16
ii. Dismissal on Appellant’s Default -- R 17
iii. Dismissal of Appellant’s non-appearance -- R 17
iv. Dismissal on Failure to Deposit Costs -- R 18
v. Re-admission of Appeal Dismissed on Default -- R 19

vi. Adjournment-- R 20
vii. Rehearing in Case of ex parte Decree -- R 17 & 21
viii. Objection from Respondent -- R 22
ix. Remand -- R23 & 25
x. Where Evidence on Record is Sufficient -- R 24
xi. Additional Evidence -- R 25, 27 & 28
xii. Finding and Evidence to be Put on Record -- R 26
xiii. Determination of Appeal -- R26

Q. 22: INHERENT POWERS OF THE COURT
1. Preface
Laws are general rules and they cannot regulate for all times to come so as to make
express provisions against all the cases that may possibly happen.
It is the duty of the judges to apply the laws, not only to what appears to be regulated
by their express disposition, but to all the cases to which a just application of them may
be made and which appears to be comprehended either within the express sense of the
law, or within the consequences that may be gathered from it.
2. Relay Sections
Sec 151 of C.P.C 1908
3. Meaning of Inherent Powers

“An authority possessed ,without its being , derived from another “.
a. “Nothing in this code”
b. “shall”
c. “deemed to limit”
d. “or otherwise affect”

e. “the inherent powers of the court”
f. “to make such orders as may be necessary”
g. “for the ends of the justice”
h. “to prevent abuse of the process of court”
5. Object Of Inherent Powers
“The provisions of section 151 are intended to prevent the courts being rendered impotent
by any omission in the code and empower the court to make necessary orders and no
other order.”
1990 ALD 632
6. When Will be Section 151 Attracted
“The provisions of section 151 will be attracted, firstly, where the case is not covered by
the express provisions of the Code, and secondly where the procedure as laid down and
provided is being abused so as to obstruct the ends of justice.”
AIR 1952 PC 261
7. The Power U/S 151 is Intended to Supplement other

Powers
“The Power u/s 151 is intended to supplement other provisions of the code and not to
evade or ignore them.”
AIR 1940 Raj. 162
8. - Inherent Powers are not Conferred by the Code
9. Discretionary Powers
10. Prevent Abuse of the Process of the Court
a. Abuse of the Process of the Cour
“Where the court by employing a procedure does something that it never intended and
there is miscarriage of justice, the court possesses inherent powers to rectify the mistake,
as an act of court should not prejudice any person.”
PLD 1972 Lah. 262
b. Abuse of the Process by the Party
11. Principles Guiding The Courts

12. When Inherent Powers Of The Courts Cant Be Invoked
13. Appeal
Orders passed under section 151 of C.P.C are not appealable , unless they fall within the
definition of decree or an appealable order .
14. Revision
Generally revision will not be competent against order under section 151 of C.P.C,but in
appropriate cases revision may lie against orders .

Q. 23: ISSUES
1. Preface
2. Relay Sections
i.Order 14 Rule 1 to 6 of C.P.C ,1908
ii.Order 18 Rule 2 of C.P.C 1908
iii.Order 20 Rule 5 of C.P.C1908
iv.Order 41 Rule 31 of C.P.C1908
v.Order 15 Rule 1 of C.P.C 1908
3. Meaning of Issues
“A point in dispute between two or more parties “.
4. Issues when Arises

When issues arise then a material propositions of law or fact or law is affirmed by the one
party and denied by the other .
5. Kinds of Issues
a. Issues of Fact
b. Issues of Law
6. Object
2- Framing of Issues ---- The Most Important Stage at Trial
3- Matter which Should be Considered while Framing the Issues
a. Allegations made on Oath by the Parties
b. Allegations made in Pleadings
c. Contents of Documents Produced by Either Party
d. Examinations of Witness
e. Admissions and Denials
f. Examination of Documents
7. Importance Of Issues In A Suit
g. To Ascertain the Real Controversy
h. To Narrow Down the area of Conflict

i. Issues are Required to be Proved
j. Decision of each Issue
k. To Determine where Parties Differ
l. Most Important Stage at The Trial
m. Appellate Court Decides Appeal on the Basis of Issues
n. Determination of Burden of Proof
8. Effect of not Framing Issues

If no issues are framed at all and the parties are prejudiced it will be a material irregularity.
9. Amendment Of Issues
o. Stage at Which Issues can be Amended
p. Application
q. Requirement in Case of Framing new Issues
r. Discretionary Power
10. Power Of Court To Strike Out Issues
s. Object
t. Condition
u. Mandatory Provision
11. Framing of Issues at Appellate Stage

Q. 24: JOINDER OF CAUSES OF ACTION
1. Preface
2. Relay Sections
i.Order 1 rule 1 & 3 of C.P.CX 1908
ii..Order 2 rule 3 of C.P.C 1908
3. Causes of Action
a. Meaning
“Cause of action means every fact which will be necessary for the plaintiff to prove if
traversed in order to support his right to judgment.”
1991 SCMR 2030
“The facts which give occasion to and form the foundation of the suit.”
PLD 1970 SC 63
b. Distinction with ‘Remedy’ and ‘Right of Action’
4. Joinder of Causes of Action -- Order II Rule 3

“It is permissible to join together several causes of action in one suit.”
1992 SCMR 2375
“The first part of rule (3) permits the joinder by one plaintiff of several causes of action
against the same defendants. The second part of Rule (3) permits the joinder by several
plaintiffs jointly of several causes of action against the same defendants jointly.”
1992 SCMR 2375
5. Basic Principle
6. Object of O II R 3
“The object of Rule (3) is to avoid needless multiplicity of suits as well as simultaneous
investigation in the same suit of totally unconnected controversies.”
1984 CLC 564
7. Permissive Nature of Rule
8. Jurisdiction of Court on Joinder of Causes of Action – O II

Rule 3(2)
9. -Three Main Factors of Order II Rule 3

c. Plaintiff
d. Defendant
e. Several Causes of Action
10. Different Propositions under Rule 3
a. One Plaintiff, One Defendant, several Causes of Action
“The joinder by one plaintiff of several causes of action against the same defendant is
permissible.”
1992 SCMR 2375
b. One Plaintiff, two or more defendants, several Causes of Action jointly

against all the defendants.
“Joinder of several causes of action against several defendants is permissible provided the
defendants are jointly liable, in respect of each cause of action.”
1993 CLC 1606
c. One Plaintiff, two or more defendants, several Causes of Action severally

against Defendants.
“Where the defendants are not jointly interested but are severally liable the suit will be
bad for multifariousness i.e., Misjoinder of defendants and the causes of action.”
AIR 1950 Cal. 128
d. Two or more Plaintiffs, one Defendant, several Causes of Action in which

Plaintiffs jointly interested.
Permissible
e. Two or more Plaintiffs, one defendant, several causes of action in which
plaintiffs severally interested.
Bad for multifariousness
f. Two or more plaintiffs, two or more defendants, several causes of action in

which plaintiffs jointly interested against all the defendants jointly.
Permissible
g. Two or more plaintiffs, two or more defendants, several causes of action in

which plaintiffs severally interested against all the defendants severally.
Bad for multifariousness
11. Appeal
12. Objection as to Misjoinder
13. Causes of Action that may be Joined in Recovery of

Immovable Property
14. Effect of non-joinder of Causes of Action
15. Effect of Misjoinder of Causes of Action

Q. 25: PARTIES TO SUIT
1. Preface
2. Relay Sections
3. Parties in a Civil Suit ---- 3 Kinds
a. Plaintiff
b. Defendant
c. Joinder
Order 1 Gives 3 Kinds of Status to These Parties
“Parties are persons whose names appear on the record of the suit as plaintiff or
defendant.”
1990 CLC 1196
i. Two provisions Regarding Joinder
1. Rule 1 – Joinder of Plaintiffs
Conditions for Joinder of Plaintiffs

1-The right to relief arises out of the same act or transaction or series of acts or transaction,
and
2-The matter must be such that if the plaintiffs brought separate suits any common
question of law or fact would arise.
“Both the conditions must be fulfilled and they are not in the alternative.”
1991 SCMR 525
2. Rule 3 – Joinder of Defendants
Conditions for Joinder of Defendants
i.Such right arises out of the same act or transaction or series of acts or transaction, and
ii. If separate suits were instituted against such defendants any common question of law or
fact would arise.
ii. Definition of Joinder
iii. These Provisions of Joinder are Permissive in Nature
iv. Conditions for Joinder
v. Three Main Situation in O1 Rule 1 & 3
1. Persons claiming or defending the right to relief jointly
“In accordance with the general principles of law, where persons are jointly entitled or
liable, they must be made parties to the suit, as such persons have a single and joint right,
and no effective decree can be passed unless they are all before the court.”
AIR 1939 N 292
2. Persons claiming or defending the right to relief severally
“Where a number of persons are entitled to individual right to relief, arising out of the
same act or transaction etc., they may join together as co-plaintiffs, provided any common
question of law or fact would arise, were they institute separate suits.”
1991 CLC 1629
3. Persons claiming or defending the right to relief alternatively
vi. Rule 7, 5 and 6
vii. Rule 8 and 12
d. Misjoinder
i. Definition
“The joinder of any person as a party to a suit contrary to the provisions of the Code is mis-
joinder.”
PLD 1963 SC 663
ii. Multifariousness
e. Non-joinder
i. Definition
ii. Illustration
2- Principle Given in rule 9 Regarding Misjoinder and non-joinder
a. Suit shall not be Defeated
“The non-joinder or mis-joinder of parties will not by itself, defeat a suit and the court
shall deal with the matter in so far as regards the parties actually before it, and shall
dispose of the suit provided it can be effectively disposed of between the parties on
record.”
PLD 1992 SC 590
b. Conditions for Application of Rule 9
c. Exception
“Though non-joinder is not fatal yet where there is non-joinder of a necessary party, i.e., a
party who ought to have been joined and in whose absence an effective decree cannot be
passed, the suit shall fail, unless such necessary parties are made parties to the suit.”
PLD 1962 Dacca 665
4. Court may Order Separate Trial – Rule 2
5. Order 1 Rule 10
6. Preclude Remarks
Q. 26: PECUNIARY JURISDICTION
1. Preface
2. Relay Sections
Sections 6 & 15 CPC
3. Definition of Jurisdiction
“A court’s power to decide a case or issue a decree “.
4.,Kinds of Jurisdiction
1- Territorial Jurisdiction
2- Subject-matter Jurisdiction
3- Personal Jurisdiction
4- Pecuniary Jurisdiction
5. Definition of Pecuniary Jurisdiction

Jurisdiction may be defined as the power of a court to hear and determine a cause , to adjudicate or
exercise any judicial power in relation to it .
6. Analysis of Section 6 CPC
1. “save in so far as otherwise expressly provided”
 Saving Clause
2. “nothing herein contained shall operate to give any court jurisdiction”
3. “amount or value of the subject matter”
4. Pecuniary limits of ordinary Jurisdiction
7. Pecuniary Jurisdiction of Civil Courts------section 9 West

Pakistan Civil Courts Ordinance
i. Civil Judge 1st Class --- unlimited

nd
ii. Civil Judge 2 Class --- 5,00,000
rd
iii. Civil Judge 3 Class --- 1,00,000
(Lahore High Court Lahore has enhanced the

appellate jurisdiction of District Judges from 2,00,000
to 25,00,000)
8. Scope of section 6
 Section 6 applies to suits only
1- “suit”
 Section 15 applies only to suits

 Does not apply to execution proceedings
2- “shall be instituted”
3- “Section 15 merely enacts a rule of procedure, which does not affect jurisdiction
of court.” 1991 MLD
1867
4- “court of the lowest grade”
5- “competent to try it”
10. Object of section 15
“The object behind the provisions of section 15 is to prevent overcrowding in courts of the
higher grade, with suits that can be disposed of by courts of lower grade.”
1992 CLC 1904
11. Effect of non-compliance of section 15
“If a suit cognizable by a court of a lower grade is filed in a court of a higher grade, it may be
returned for presentation to the proper court, but if it is tried and determined by the court
of higher grade, the decree will be valid and binding, as trial by before a court of higher
grade is only an irregularity which does not affect the jurisdiction of the court.”
1993 MLD 2104
PLD 1983 SCAJK 43

12. Determination of value
1- By the valuation put upon the subject matter of the suit in the plaint
2- “The pecuniary jurisdiction of the court is ordinarily determined by the valuation put
upon the subject matter of the suit in the plaint, on the basis of the Suit Valuation Act
of 1887and not the amount found and decreed by the court.”
a. PLD 1959 Kar 802
3- Power of court to determine value
4- Section 8 of The Suit Valuation Act
5- Section 9 & 11 of The Suit Valuation Act
13. Section 15 only a direction to the plaintiff
“Section 15 only contains a direction to the plaintiff to file the suit in the court of lowest
grade competent to try it and it does not affect the jurisdiction of a court to entertain a suit
of a nature cognizable by a court of lower grade.”
1993 MLD 2104
14. Effect of Subsequent increase in the value
15. Objection to the pecuniary jurisdiction ---section 21 CPC

16. Valuation for jurisdiction and valuation for court fee
17. Suits embracing two or more subject matter
18. Waiver of pecuniary jurisdiction
Cross References
Section 38 CPC
Section 9 West Pakistan Civil Courts Ordinance, 1962
Section 9,11 The Suit Valuation Act
Order VII Rule 10,11 CPC

Q. 27: REJECTION OF PLAINT
1. Preface
The object of the pleadings is to make the parties aware of each other’s stand and to
narrow down the area of controversy. The issues of law and facts are framed on the basis
of pleadings of both parties. It is the requirement of law that a plaint must contain specific
particulars and must comply with certain provisions of law for time being enforced
relating to plaints otherwise courts are empowered to return or reject the said plaint.
2. Relay Section
i.Order 6 Rule 16,17 of C.P.C 1908
ii.Order 7, Rule 1,6,7 od C.P.C 1908
3. Cross reference :
i.section 152 , 153 Order 3
ii.Rule 7 , Order 1 Rule 10
iii.Order 14 Rule 5 of C.P.C 1908
4. Section 152,153, Order 3
5. Order VII Rule 11 --- A Mandatory Provision
6. Grounds for rejection of Plaint
a. Where Plaint Does not Disclose a Cause of Action
“Where the plaint does not disclose any cause of action, it has to be rejected and for this
purpose only the plaint is to be looked into and nothing else.”
PLD 1992 LAH 205
1991 CLC 149
b. Claimed Relief is Under Valued
“Where the plaint is undervalued, and the plaintiff upon time being give to him to correct
such valuation, fails to do so, the court shall reject the plaint.”
PLD 1983 SC 227
c. Plaint is Insufficiently Stamped
“Where the court is of the view that the court fee stamps are insufficient, it should
determine the correct fee payable and must allow time for making up the short fall and in
the event of the plaintiff failing to do so, can reject the plaint.”
PLD 1992 SC 404
d. Suit is Barred by Law
“The court is bound to reject a plaint, where the suit appears to be prima facie barred by
any law from a perusal of the statement in the plaint, and no inquiry is needed.”
1992 SCMR 1199
Instances
1. Suit is time-barred
2. Suit is bad for multifarious ness
3. Where the requirement of prior notice is not fulfilled

7. Order of Rejection
“Order of rejection, by virtue of section 2(2) CPC is decree”
1992 SCMR 1306
8. Duty of Court
9. Stage At Which Plaint can be Rejected
10. Order VII Rule 11 is not Exhaustive
“The court can even reject a plaint if a positive prohibition can be spelt out of any legal
provision”
1991 MLD 672
11. Distinction of Grounds for Rejection and Return of Plaint
12.- Amendment of Plaint
13- Appeal Against Order of Rejection

14. Revision
15. Procedure on Rejecting Plaint --- O. VII R 12
a. Order of Rejection
b. Reasons
16. Fresh Plaint -- O VII R 13
17. Cross Reference

c. Order VII Rule 10
d. Order VI Rule 17
e. Order XXIII Rule 1
18. Preclude
Q 28: . Can a suit be successfully defended on the plea that the
matter in issue has already been decided in a former suit.
Res Judicata
1. Preface:
A suit can be successfully depended on the plea that the matter in issue has been decided
in the former suit:
Principle of Res Judicata underlying Section 11 of CPC
- To put an end to a litigation.
- Once a case has been heard and decided, and the parties have exhausted all
remedies then a party should not be given the liberty to re-open the matter.
2. Relay Section
Section 11 of CPC
- Ingredients of Section 11
3. Grounds for application of S. 11 or such plea for defense:
PLD 1955 Dacca 96
the matter directly and substantially in issue in the subsequent suit or issue must be the
same matter which has directly and substantially in issue either actually or constructively in
the same suit.
The former suit must have been a suit between the same parties or between parties under
whom they or any one of them claim.
The parties as aforesaid must have litigated under the dame title in the former suit.
The court, which decided the former suit, must have been a court competent to try the
subsequent suit in which such issue is subsequently raised.
The matter directly and substantially in issue in the subsequent suit must have been heard
and finally decided by the court in the first suit.
4. Twofold application of the Principle of Res Judicata:
Constructive Resjudicata
Actual Resjudicata
5. Doctrine of Constructive Res Judicata:
- Explanation IV of S. 11 is an essential constituent of Res Judicata.
- Through this principle the doctrine is rendered fully effective.
The aim of doctrine of Constructive Res Judicata.
Principle underlying the doctrine of Constructive Res Judicata.
Meaning of the term “might”.
Explanation of the term “ought”. (Also see Order II Rule 1 – 5)
Exceptions to the doctrine of Constructive Res Judicata. (please refer to your lecture notes)
6. Doctrine of Actual Res Judicata:
- bars the subsequent adjudication of a matter that was actually alleged by a

party in a former suit.
- Mutual effect of application of both the doctrines. (see your lecture notes)
7. Rationale behind the doctrine of Res Judicata:

Ram Karpal Shukla’s Case (1884)
1. ‘interest republicae utsit finis litium’
2. ‘nemo debet bis vexari pro una eadam causa’
- No man should be vexed twice over for the same cause.
- Public policy + private justice = basis of right
8. Scope and applicability of section 11 of code of civil

procedure:
- restrictive and limited as compared to the common law doctrine.
- Only extends too civil matters.
- Double Jeopardy u/s 403 CrPC.
- Different from collateral estoppel.
9. Comparison of S. 10 and S.11:
o Distinctions:
S.10 S. 11
Based on the Doctrine of RSJ Based on the Doctrine of RJ

Suit is pending Already been decided and disposal
All the issues are to same. All the issues might not be the same
b) Similarities:
common goal: sanctity to decisions;
both bar the jurisdiction of civil courts.
“matter directly and substantially in issue.”
“same parties.”
“same title.”
Competency of the court.
10. Preclude Remarks:

Q. 29: RES JUDICATA
1. Preface
INTEREST REPUBLICA UT SIT FINIS LITIUM
“It is in the interest of the state that there should be an end to litigation”
This Latin maxim clearly indicates the object of the enshrinement of the Doctrine of Res
Judicata in CPC.
If an issue or suit has been decided once then it would not be in the interest of the state
and would be against the sanctity and respect of the judiciary if the same is again put to
the litigation. Because of this reason this doctrine is also called as DOCTRINE OF JUDICIAL
RESPECT.
2. Relay Section
Sec 11 of C.P.C, 1908
3.Principle of res Judicata
What courts decides generally is the “ratio decidendi” or rule of law which is authority in
all alike suits arising subsequently; what it decides between the parties includes far more
than just this
4. Significance and Importance of Doctrine of Res Judicata
BAHADUR VS. UMER HAYAT
PLD 1993 LAH 390
a. “Court”
b. “Shall”
c. “Try”
d. “Any suit”
e. “or issue”
“Section 11 prohibits the trial of even one issue in the subsequent suit if it has been
directly and substantially in issue in a previously instituted suit.”
MIAN MANZOOR ALI VS. ASSADULLAH
1991 CLC 2011
f. “Matter directly and substantially in issue”
i. Explanation III
A matter cant be directly or substantially in issue unless it has been
1- Alleged by one party; and
2- Either denied or admitted expressly or impliedly, by the

other party
ii. Explanation IV
To section also makes a matter directly and substantially in issue, which might or ought to
have been made ground of defense or attack in such former suit
g. “Former suit”
Explanation I to section 11 explain the expression former suit as a suit, which has been
decided prior to the suit in question whether or not it was, instituted prior thereto.
h. “Same parties”
i. “Parties under whom they or any one of them claim”
Explanation VI to section 11 also says that where person litigate bona fide in respect of a
public right or of a private right claimed in common for themselves and others; all persons
interested in such right shall, for the purpose of this section, be deemed to claimed under
the person so litigating.
j. “Same title”
k. “Court competent to try such subsequent suit”
According to explanation II to section 11, the competency of a court shall be determined

irrespective of any provisions as to a right of appeal from the decision of such court.
l. “Heard and finally decided”
According to Explanation V any relief claimed in the plaint, which is not expressly granted
by the decree shall, for the purpose of this section, be deemed to have been refused
6. Doctrine of Constructive Res Judicata

“ Any matter which might and ought to have been made ground of defense or attack in
such former suit shall be deemed to have been a matter directly and substantially in issue
in such suit”
7. Pre-requisites for the application of Res Judicata
1- Valid decree
2- Condition of section 11 must be met with
RAM KARPAL SHUKLA’S CASE
(1884)
8. Conditions for the application of Res Judicata
3- Same matter directly and substantially in issue
4- Same parties
5- Same title
6- Competency of court
7- Previous suit heard and finally decided
9. Common law Doctrine as Embodied in DOUCHES OF

KINGSTON’S CASE
10. Test for the application of Res Judicata

11. Scope and application of sec. 11
MIAN MANZOOR ALI VS. ASSADULLAH
1991 CLC 2011
12. Doctrine of Double Jeopardy in Criminal Law
13. Critical Evaluation
The doctrine of Res Judicata as embodied in section 11 is restrictive than common law
doctrine of Res Judicata because it can be applied only when all the conditions specified
there under are fulfilled. The doctrine can also be applied under Equity through section
151 if all the conditions are not fulfilled.

The doctrine of Res Judicata grants the finality and conclusiveness to the decisions of the
court. It is subsequently established that the decision of the previous suit is erroneous
even then this doctrine bars the reopening of the old controversy. That is why this
doctrine is also called the DOCTRINE OF JUDICIAL RESPECT.
Q. 30: RES SUB JUDICE
1. Preface
Judgments of courts are delivered to finally decide the rights of the parties and to give
final shape to the matter. The policy of law as enshrined in section 10 is to confine the
parties to one suit, thus obviating the possibility of contradictory adjudications with
regard to the same matters in issue. The object of the rule contained in section 10 is to
prevent courts of concurrent jurisdiction from simultaneously entertaining and
adjudicating upon two parallel litigations in respect of the same matter in issue.
2. Relay Sections
section 10 CPC
cross reference :
i.Section 151 of C.P.C ,1908
ii.Section 34 of Arbitration Act 1940
iii.Article 203 of Constitution of Pakistan 1973
3. Legislative History of Rule of Res Sub Judice
4. Doctrine of Res Sub Judice

The doctrine of “ res sub-judice” prohibits the trial of two parallel litigations in respect of
the same cause of action and the same subject matter , between the same parties .
5. Significance of Doctrine of Res Sub Judice
The doctrine of the Res Sub Judice is of utmost importance and significance. It is rightly
called “THE DOCTRINE OF JUDICIAL RESPECT.” This judicial respect embodied in this
doctrine saves judicial conflict and maintains the harmony in legal system
6. Object Of Doctrine Of Res Sub Judice
i- To prevent the courts of parallel jurisdiction to proceed

with the trial
ii- To confine the parties to one suit and to limit the

proceeding and evidence
SAYED ALLAUDIN AHMED VS. M.D. MUSTAFA
PLD 1971 DACCA 286
7. Summery of section 10
b. “Court”
c. “Shall”
d. “Proceed with the trial”
“The expression ‘to proceed with the trial’ clearly denote that all the preliminaries prior to
the trial up to the framing of issues should be gone through before the section is sought to
be applied.”
PLJ 1981 LAH 141

e. “Suit”
f. “Matter directly and substantially in issue”
i- Matters Directly in Issue
Matters directly in issue means matters, which must in the former suit have been alleged
by one party and either denied or admitted expressly or impliedly by the other
ii- Matters Substantially in Issue
A matter is substantially in issue if it is of importance and value for the decision of the trial
“All the matters in issue must be directly and substantially same in both the suits for the
application of Res Sub Judice.”
P.I.C.I.C LTD. KARACHI VS. MODERN EMBROIDERY AND TESTILE MILLS LHR.
PLD KAR. 249
g. “Previously instituted suit”
u/s 26 a suit is instituted by the presentation of plaint and registration of the plaint
h. “Previously instituted suit must be pending”
i. “Same parties”
j. “Same title”
The word title used in section doest mean the name of the person through which he is
appearing but it means the capacity of a person in which he is appearing
k. “In the same or any other court in Pakistan”
l. “Having Jurisdiction to grant the relief claimed”
m. “In any court beyond the limits of Pakistan”
n. “Before Supreme Court”
o. Explanation to section 10
9. Conditions for the application of section 10
1- Matter directly and substantially in issue in both suits must be same

2- Same parties
3- Same title
4- Competency of court
5- Previous suit is pending
MOHD. YOUNUS VS. NARGIS SULTANA
PLD 1970 LAH. 141

10. Test for the application of Res Sub Judice
“To apply Res Sub Judice u/s 10 the court has to see whether the latter suit or the previous
one if decided would Res Judicata the one undecided.”
MOHD. AMIN VS. MOHD. YASIN
1991 CLC 1298
11. Scope Of Section 10
12. Section 10----- A Mandatory Provision

13. Section 10----A Bar upon Jurisdiction
14.Procedural Provision
15. Stage at Which Section 10 can be Invoked
16. Only Bar on Trial not on the Institution of the Suit
17. Application of Stay U/S 10
18. Inherent Powers of the Court U/S 151
19. Comparison of the Res Sub Judice and Res Judicata
20. Critical Evaluation

(not Essentially Writing in paper)
The rule of Res Sub Judice as embodied in section 10 is restrictive and limited in
application than the Doctrine of Res Sub Judice. The rule of res sub judice as enshrined in
section 10 can be applied only if all the conditions are fulfilled while a stay can be granted
under the doctrine of res sub judice if all the conditions are not strictly fulfilled.
The difference between Pakistani law and Indian law with reference to application
of doctrine of res sub judice is that under Pakistani law section 10 will be applied if all the
issues in both the suits are same while under Indian law, subsequent suit can be stayed
even if only one issue in both the suits is same.
The underlying object of doctrine of res sub judice is to prevent two similar suits to
proceed and, to prevent litigant parties to be exposed to multiplicity of litigation and pay
respect to judicial verdicts, that’s why this doctrine is called as DOCTRINE OF JUDICIAL
RESPECT.

So Preclude Remarks may safely be drawn that the ultimate object of the Doctrine of Res
Sub Judice is to prevent courts of parallel jurisdiction to proceed simultaneously with the
same suit and to confine the parties to one suit. Section 10 will apply to stay subsequent
suit if all the conditions are fulfilled, however, for the sake of justice stay under section
151 can be granted if any one condition is not strictly fulfilled.
Q. 31: Difference Between Res Sub Judice and Res Judicata
1. Preface
2. Doctrine of Res Sub Judice
3. Doctrine of Res Judicata
4. Points of difference
i. Provisions
ii. Scope
P.I.C.I.C LTD. KARACHI VS. MODERN EMBROIDERY AND TESTILE MILLS LHR. PLD KAR. 249
iii. Effect
iv. Applicability
v. Kinds
vi. Conditions
MOHD. YOUNUS VS. NARGIS SULTANA PLD 1970 LAH. 141
vii. Object
viii. Institution of suit
ix. Position of previous suit
x. Dismissal of suit
xi. Use as defense
xii. Scope of bar
xiii. Test of applicability
MOHD. AMIN VS. MOHD. YASIN 1991 CLC 1298
xiv. Consent of parties
xv. Indian practice
xvi. Provisions in criminal law
5. Preclude
Q. 32 RETURN OF PLAINT
1. Preface
The code of civil procedure provides express provisions regarding the jurisdiction of the
courts and the plaintiff who wants to institute a suit must institute it in the proper forum.
If a suit is not properly instituted in the right forum, the court in which the said suit is
instituted is empowered under order VII rule 10 to return the plaint for its presentation in
the right forum.
2. Relay Sections
Order VII Rule 10 of C.P.C 1908
3. Order VII Rule 10 --- Mandatory Provision
4. Jurisdiction
a. Territorial jurisdiction
b. Pecuniary jurisdiction
c. Subject matter jurisdiction
5. Ground for Returning Plaint U/R 10(1)
“An adjudication by a court without jurisdiction is a determination coram non judice and is
not binding on any one. In such cases the plaint is to be returned for presentation to the
proper court and such court cannot pass any judicial order except that of returning the
plaint.”
PLD 1993 Kar. 151
6. Application of Rule 10
Rule 10 is applicable only to suits and not to applications
7. Determination of Jurisdiction
“In order to determine whether the court has the jurisdiction or not, the suit as originally
framed and instituted has to be looked into, and not the evidence led or the finding
arrived at during the trial”
1984 CLC 1401
8. Procedure on Returning Plaint --- Order VII Rule 10(2)
d. Endorsement of date of presentation
e. Endorsement of dare of return
f. Name of party presenting plaint
g. Brief statement of reasons
9. Scope of Rule 10
The provision of rule 10 covers all the cases of want of jurisdiction and apply to all suits
where the court in which the suit is instituted has no jurisdiction
10- No Jurisdiction to Transfer to Another Court

11. Part of Plaint is Within and a Part Outside the Jurisdiction
Two views
12. Courses to Plaintiff on Return of Plaint
a. Plaintiff may file a fresh suit
b. Plaintiff may amend the plaint and present it in the court
13. Order VII Rule 10 not Applicable to Applications
14. Order under O VII R 10 is Appealable
15. Revision
16. Rejection, Dismissal and Withdrawal of Plaint
17. Order VII Rule 11
18. Order XXIII Rule 1

Q. 33: REVIEW
1. Preface
The code of civil procedure provides various methods to check the validity and correctness
of the decisions of subordinate court.
Review, like other modes is one of the different channels in law by which the correctness
and validity of the decisions can be checked by the same court, which passed the decree.
2. Definition of Review
“It is the power of the same court that has decided the case originally to review and
recheck its decision.”
“Power to re-examine or reconsider the act or decision by itself”
3. Relay Sections
Section 114 Cpc
4. View of Section 114
a. General Power of Review
b. Review is not Inherent Power of the Court
c. Statutory Right
d. “Any person considering himself aggrieved”
e. “Decisions against which review application can be filed”
f. “May apply for review”
g. “Court which passed the decree”
h. “The court may make such order as it think fit”
6. Decisions Against Which Review Application Can be Filed
1- Decree or Order From Which Appeal is Allowed and From Which No Appeal Has
Been Preferred u/s 114(1)(a)
1991 SCMR 283
2- A Decree or Order From Which No Appeal is Allowed u/s 114 (1)(b)
PLD 1970 SC 1
3- Decision on a reference by a court of small causes u/s 114(1)(c)
7. Forum of Review O47 R2
 High Court
 Same judge
 Any other court
8. Grounds for Review --- O 47 R 1
1- Discovery of New and Important Matter or Evidence
i. Matter or evidence must be in existence
ii. No negligence on the part of the party
iii. Instances
1. An admission of liability on the part of defendant made prior

to the decree
2. Discovery of relationship between two spouses that will bring

them within prohibited decree under Muslim law, in a suit for
restitution of conjugal rights
2- Mistake or Error Apparent on the Face of Record
Instances
 Judgment delivered without notice to the parties

 Want of jurisdiction to entertain the matter
 Dismissal of suit for non-joinder of parties
 Failure to apply the law of limitation on the basis of facts found
3- Any Other Sufficient Ground

Instances
 A party not having been given a fair opportunity for producing evidence
 Omission to consider facts on record
 Misapprehension regarding the true circumstances
9. Who Can Apply
 Aggrieved party
 Their representatives
 A person who is not party but his rights adversely affected
10- Form of Application for Review O47 R 3
In the form of memorandum of appeal
11- Application of Review When Granted
a. When the provisions under which application is to be rejected do not apply
b. Procedure u/r 4(2) will follow once the court has granted the right of review
12. Rejection of Review Application
a. Not sufficient grounds --- O 47 R 4(1)
b. Where judges are equally divided --- O 47 R 6(1)
c. Majority decision
13. Order of Rejection not Appealable --- O47 R 7

14. Three Stages of Review
 First stage
 Second stage
 Third stage
15. Bars on Certain Applications --- O 47 R 9
 Decree or order made or passed on review R 9(1)

 Judgment pronounced or order made by Supreme Court
16. Limitation
17. Comparison of Review With Revision
 Provisions
 Definitions
 Forum
 Who can apply
 Conditions
 Grounds
 Limitation
18. Preclude
Q.34: REVISION
1. Preface
The code of civil procedure confers a supervisory form of an exceptional and necessary
power intended to secure effective exercise of the High Court’s superintending and
visitorial powers of correction, unhindered by technicalities.
High Court can on one hand interfere in its revisional jurisdiction in cases involving illegal
assumption, non-exercise or irregular exercise of jurisdiction. Revision is also an
alternative remedy available to aggrieved party against the decisions of subordinate
courts.
2. Relay Sections
Section 115 of CPC
3. Definition of Revision
“Revision is a re-examination or careful reading over for correction or improvement”
4. Powers of Revision
Section 115 of the code of civil procedure confers a supervisory form of an
exceptional and necessary power intended to secure effective exercise of the
High Court’s superintending and visitorial powers of correction, unhindered by
technicalities
.
5. Purpose and Object of Revision

The purpose and object of revision is to provide an alternate remedy to re-
examine and correct cases involving illegal assumption, non-exercise or
irregular exercise of jurisdiction. Revision is also an alternative remedy
available to aggrieved party against the decisions of subordinate courts
affecting the merits of the case.
6. Kinds of Revision
 “High Court may call for the record”
 “Decided by any court subordinate to it”
 “In which no appeal lies thereto”
 “High Court may make such order as it thinks fit”
8. Conditions for Application of Section 115
 There should be a case decided

 The decision should of a court subordinate to the revisional court
 No appeal should lie to the revisional court
9. Grounds of Revision U/S 115(1)
a. Exercise of Jurisdiction not Vested in it u/s 115(1)(a)
“Where a court exercises jurisdiction not vested in it, one remedy available against it is a
revision u/s 115”
1986 CLC 1309
Instances
 Entertainment of an appeal against a non-appeal able order

 Entertaining an appeal or suit where the jurisdiction is barred
 Inquiry into that which it has no jurisdiction to inquire
b. Failure of exercise of jurisdiction so vested u/s 115(1)(b)
“A refusal by a court to exercise a jurisdiction vested in it, is subject to correction in

revision”
PLD 1962 LAH 313
Instances
 Failure to adjudicate or decide a matter

 Refusal to entertain a plain, application etc.
 Refusal to pass an order on the ground that the court does not have jurisdiction to
do so
c. Exercise of jurisdiction with material irregularity u/s 115(1)(c)
“If a court possessed of jurisdiction violates, disregards or overlooks any rule of law or
procedure prescribing the mode in which the jurisdiction is to be exercised, it acts illegally
or with material irregularity.
PLD 1986 SC AJK 65
Instances
 Order not based on evidence

 Order based on inadmissible evidence
 Order being fanciful and arbitrary
d. Exercise of jurisdiction illegally
PLD 1986 SC AJK 65
10. Discretionary powers
11. Supervisory powers
12. Procedure for revision
a. Suo Motu Revision
i. Call for record
ii. Notice to the other party
iii. Opportunity of being heard
iv. Decision within three months
b. On Application
c. Documents Accompanying Application
i. Copies of pleadings
ii. Documents
iii. Order of the subordinate court

13. Power of Revision of District Judge u/s 115(2)
14. Limitation
By virtue of proviso , added by Act VI of 1992 to section 115 a revision application has to
be made within 90 days of the subordinate court , but this period of limitation will not
apply in a case , where could acts suo motu.
15. Comparison of Revision with Review

Q. 35: APPEAL FROM APPELLATE DECREE (SECOND APPEAL)
1. Preface
An appeal is not an inherent right exercisable by a party consequent on the

passage of decree. It can be availed only where it is expressly granted by law and in that
sense an appeal is a creation of a statute. The purpose of an appeal is to verify the
decision of lower court as to determine question of law.
2. Relay Sections
Sec 100 , 101 ,102 ,103 of C.P.C for second Appeal .
3. Methods Provided in CPC to Check the Correctness of

Decision
“A complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in

which the error or injustice is sought to be corrected or reversed.”
Second Defination
“It is a complaint made to superior court against the decisions of a subordinate court,
with the object of getting such order set aside or revised”
PLJ 1981 SC 790
5. Appeal is not an Inherited Right

6. Purpose and Object of Appeal
7. Kinds of Appeal
 First Appeal
 Second Appeal
8. Definition of Second Appeal
“Second appeal is an appeal preferred to High Court against the decisions of subordinate
appellate court”
9. Forum for Second Appeal u/s 100
10. General rules as to 2nd Appeal Given in Section 100
“Second appeal shall lie from every decree passed in appeal by the court subordinate to
high court except where law specifically prohibits it”
11. Grounds for Second Appeal
12. Explanation of the Grounds

 Decision being Contrary to Law --- Clause (a)
Instances
 Where the decision is not based on any evidence

 The evidence is misled
 Omission to consider evidence
 Decision based on material mistaken assumption
 Decision being Contrary to Usage Having Force of Law -- Clause (b)
 Failure to Determine Some Issue of Law
 Failure to Determine Some Issue of Usage
 Substantial error or defect in procedure clause (C)
i. Conditions
1. There should be error or defect in procedure
2. It should be of substantial nature
3. Such error could have possibly affected the decision of

the case on the merits
ii. Instances
1. Failure to Frame Proper Issues
2. Wrong Placement of Onus of Proof
3. Mis-joinder or non-joinder of Parties

4. Failure to Record Evidence in Accordance with the
Procedure Provided
13. Section 100 Clause (C) and Section 99
14. Second Appeal Shall not Lie on any Other Ground u/s 101
15. Second Appeal Can be Made on Two Questions
 Question of law
 Mixed question of law and fact
16. Question of Fact will not be a Ground
17. New Plea in Second Appeal
18.Where no Second Appeal lie
 Savings in section 100
 Section 102

Q. 36: SETTING ASIDE EX PARTE DECREE
1. Preface
When the defendant absents himself, the court is authorized to proceed ex parte and an
ex parte decree can be passed against such defendant.
Code of civil procedure provides a remedy under order IX along with remedies to a person
aggrieved of ex parte decree to apply under rule 13 to have the ex parte decree set aside
provided fulfilling the conditions laid down in rule 13
2. Relay Sections
i.Order 9 Rule 6,7,13,14 C.P.C
Cross reference :
Order 17 Rule 2 of C.P.C
3. Meaning and Definition of ex parte Decree
“A decree is said to be ex parte when ex parte proceedings are ordered at the hearing
immediately proceeding the judgment”
1990 ALD 623
4. Order IX Rule 13 ----- Principle

5. Remedies Against ex parte Decree
 An application u/o IX Rule 13

 Review application u/s 114
 Appeal u/s 96
 Revision may also lie
 Application u/s 12(2) if obtained by fraud
 Application for rehearing on the ground of violation of principles of
natural justice
 Inherent powers of the court can also be invoked
6. Application for Order to Set Aside ex parte Decree
7. Forum for Application
8. Grounds for Setting Aside ex parte Decree
 Summons not Duly Served
“Where there is nothing to show due compliance with rules 13 and 20 of order V, the
decree should be set aside” 1985 SCMR 1228
 Sufficient Cause of Non-appearance
“Where sufficient cause is shown, the decree shall have to be set aside”
1990 CLC 206

9. Satisfaction of the Court
10-Notice to the other Party R 14
11. Essentials of the Application
a. The grounds for setting aside ex parte decree
b. Relay Sections of law relating thereto
12. Ex parte Decree Can’t be Set Aside suo motu
Proviso
Where the decree is of such a nature that it cant be set aside partially against the
applicant-defendant only, the court can set aside the whole decree
12-Second Proviso
Where the defendant has knowledge of the hearing, the decree shall not be set-aside on
the ground of an irregularity in the service of summons.
13. Effect of Setting Aside ex parte Decree
When an ex party decree is set aside , it restores the parties to the position , they previously
occupied, and the court shall proceed to decide the suit as it stood before the decree .
14. Limitation
According to Article 164 of limitation of limitation 1908 , an application must be made
within 30 days of the passing of decree or where summons were not duty served , within 30
days of the dats of knowledge of decree , and this period may be condoned by virtue of sub-
rule 2 of Rule 13 of Order 9 of C.P.C .
15. Revision

Q. 37: SUMMONS
1. Preface
Summons are issued to the defendants to inform that a legal action is going on against
them mentioning the date and place of hearing. The issuance of summons is based on the
maxim
“AUDI ALTERAM PARTEM”
“NO ONE SHOULD BE CONDEMNED UNHEARD”
Moreover it is the issuance of summons, which vests the jurisdiction to the court over the
defendant.
2. Relay Sections
Sections 27, 28, 29, 31 & 32
Order V & XVI
3. Definition of Summons
“It is an instrument to commence a civil action or a special proceeding and is a mean of

acquiring jurisdiction over a party”
4. Object of Summons
5. Rational Behind the Summons
6. Condition for Issuing of Summons
Only where suit has duly been instituted
“A suit is deemed to have been duly instituted after it has been duly registered”
PLD 1958 SC 195
7. Modes of service of summons
a. Service by post O.VI R.10-A
Presumption in favor of service
“Where summons is sent by means of registered post, properly addressed, the service shall
be presumed to have been affected, even where the envelope endorsed as refused or
postal acknowledgement not signed”
PLD 1990 KAR 312
b. Personal Service
i. Different modes of affecting personal service
1. Service upon the defendant personally O.VI R. 12
All efforts should be made to effect personal service and it is only where it is not
possible, that the summons should be affixed
2. Service upon the agent of the defendant

a. Agent generally empowered in this behalf
b. Agent who carries on the business of the

defendant -- O.VI R. 13
Provided that the suit relate to such business or work
If service is effected upon the agent or manager, then regardless of whether it was
communicated to the principal or not, it will be deemed to be valid service
c. Agent in charge of the immovable property Rule

14
3. Service upon the family member of defendant -- Rule 15
ii. Person served to sign acknowledgement -- Rule 16
c. Service by affixation O.VI R. 17
i. Conditions Precedent
1. Refusal to sign acknowledgement
2. Defendant cant be found and has no agent
ii. Manner of affixation
iii. Report to the court
iv. Mandatory nature

“The provisions of this rule are mandatory in nature and failure to comply with would
render the service vitiated”
1985 SCMR 1228
d. Substituted service
i. Substituted service is opted as a last resort
ii. Relay Section
iii. “Satisfaction of the court”
iv. Evasion of service by the defendant
v. Summons cant be served in ordinary way
vi. “Court shall order substituted service”
vii. Conditions
viii. Modes of substituted service
1. Affixing a copy of the summon on some conspicuous part

of the house R.20 (1)(a)
2. The use of electronic devices R. 20(1)(b)
3. Urgent mail service or public courier service R.20 (1)©

4. Beat of drum in the locality where the defendant resides
R. 20(1)(d)
5. Publication in the press R.20 (1)(e)
6. Any other manner or mode R.20 (1)(f)
ix. Effect of substituted service
x. Time limit
xi. Proviso
xii. Effect of irregularities
8. Critical Analysis
According to the principles of natural justice the defendant has a right to appear and
defend the case instituted against him.
A summons is issued to the defendant after a suit is instituted against so that it must
come to his knowledge that a legal proceeding is going on against him.
Code of Civil Procedure provides different modes of service summons. And if the service
of summons in ordinary way can’t be made or defendant avoids the service it provides for
substituted service.
9. Preclude Remarks
Q. 38: TRANSFER OF CASES
1. Preface
It is well settled principle of law that plaintiff has right to choose the forum to institute a
case, but CPC empowers the courts to transfer a case on defendant’s application under
certain circumstances. CPC empowers the courts to transfer a case from one court to
another generally for two important reasons, firstly for achieving ends of justice and
secondly for administrative purposes.
2. Relay Sections
Sections 22, 23, 24, 24-A 39 & 150
3. Power to Transfer a Case is an Exception to the General

Rule “Plaintiff’s Choice of Forum”
“It is the general principle of law that choice of forum for institution of suit is the legal
right of the plaintiff. Law relating to the transfer of cases from the jurisdiction of one court
to another court is an exception to this rule”
PLD 1979 LAH 49
4. Power to Transfer Granted Under Other Laws
 Article 186-A and 203 of constitution
 Lahore High Court rules 1981
5. Power to transfer u/s 22

 Scope of section 22
 Conditions for the applicability of section 22
i. The court has jurisdiction
ii. Suit can be instituted in more courts
iii. Defendant desires that the suit be transferred
iv. When issues are settled at or before such settlement
v. Very strong grounds
PLD 1979 LAH 49
 Right of Defendant
 “Apply to have the same transferred”
By petition and affidavits setting forth the grounds of transfer
 To whom application should be made u/s 23
i. Application to the appellate court u/s 23(1)
ii. Application to High Court when courts are subordinate to different

appellate courts u/s 23(2)
iii. When such courts are subordinate to different High Courts u/s 23(3)
 Application When to be Made
 Notice to the Other Party Should be Made Before Making Such Application
 Objection Should be Heard Before Making an Order
 Consideration for Deciding Transfer Application
 Exception to Section 22
i. Where question of jurisdiction is involved
ii. Where there is question that suit is either be tried by H.C. or any
subordinate court
 Not appealable
6. Power to transfer u/s 24
 Scope of section 24
 General power of transfer
PLD 1956 DACCA 285
 Powers u/s 24
i. Power to transfer u/s 24(1)(a)
ii. Power of withdrawal u/s 24(1)(b)
iii. Power of retransfer u/s 24(1)(c)
 Conditions for applicability

i. Court of competent jurisdiction
ii. Transferee court must be competent
iii. Transferee court must be subordinate
 “Any suit, appeal or other proceeding”
 Who may transfer
 When can the case be transferred
 Procedure for transfer
i. On application of party
1. Form of application
2. Who can make application
3. Notice to other party
NIZAM DIN’S CASE (1984)
4. Hearing of objection is necessary
5. Date of appearance of parties u/s 24-A
ii. Suo Motu Transfer
 Appeal
 Revision
7. Appearance of Parties on transfer of case u/s 24-A
 Where case is transferred on application of parties
 Where case is transferred suo motu
8. Grounds for Transferring a Case
 Pecuniary or personal interest of the presiding officer
 Personal knowledge of the presiding officer
 Relationship of the presiding officer with any party
 The judge having earlier decided a similar matter
 The judge having made remarks against any party
 The judge having expressed an opinion regarding the case
 The judge having discussed the case with a party
 Where interest of justice requires transfer
 When the judge is personally interested
 Party being influential in the town
 For convenience of parties and witness
 Where the defendant is the superior of the trial judge

9. Effect of transfer order
10. Section 39 ------ transfer of decree
11-Section 150------transfer of business
12. Power to transfer a case under Constitution
a. Article 186-A
b. Article 203
13. Preclude analysis
Section 22 and 24 provides an exception to the general rule that plaintiff as ARBITER
LITIS has a right to choose his own forum. Section 22 gives a right to the defendant to
apply for transfer of case from one court to another provided the suit is such as can be
instituted in more than one court. The ultimate object of section 22 is to avoid
inconvenience to the defendant and to achieve ends of justice.
Section 24 gives general power to the court to transfer, withdrawal and re-
transfer a case from one court to another with an object of achieving ends of justice and
for administrative purposes.
The ultimate object of the provisions relating to transfer of cases is to make the
proceedings crystal clear and to provide justice without any inconvenience to the litigant
parties.
Limitation Act
Q. 1: ACKNOWLEDGEMENT AND ITS EFFECTS ON LIMITATION
1. Preface
2. Relay Provision
Section 19 of limitation Act, 1908 .
3. Meaning of Acknowledgement
An admission, express or implied, of the truth of one’s liability
4. Definition of Acknowledgement
“ Acknowledgement is an admission in writing signed by the debtor or his agent, that a

debt is due, which revives the period of limitation provided by law to recover that debt.”
“An acknowledgement is a conscious and distinct admission of an existing liability or jural

relationship between the parties.”
a. Definition by Black’s Law Dictionary
“The debtor’s acknowledgement of creditor’s demand or right of action that will revive the
enforceability of debt barred by the statute of limitation.”
5. Acknowledgement u/s 19
“Acknowledgement u/s 19 may relate to a debt or it may relate to any property or right. It
must acknowledge the existence of a liability upon the writer in respect of such property
or right. The liability must be in existence at the time when acknowledgement was made.”
PLD 1971 Kar. 925
 “Before the expiration of the period”
 “Suit or application”
 “In respect of any property or right”
 “In writing”
 “Signed”
 “Personally or by agent”
 “Acknowledgement of liability”
 “Fresh period of limitation shall be computed”
 “When acknowledgement is undated”

7. Essentials of a Valid Acknowledgement
 It must be made before the expiration of the period of limitation

 It must be in terms of sufficient admission of liability
 It must be in writing
 It must be duly signed
8. To whom Acknowledgement is Made
9.Principle Embodied in sec 19
10. What Constitute Acknowledgement of Liability
11-Determination of Acknowledgement
12-Test of Acknowledgement
a. Whether there is an admission of liability or jural relationship

b. Whether the admission is relatable to a subsisting liability or jural
relationship
13-Types of Acknowledgement
Of debt
Of liability
14-Acknowledgement Must Not be a New Contract
15-Effect of Acknowledgement
SIALKOT RURAL DEVELOPMENT CO-OPERATIVE TRUST VS. JABNION AND SONS 1982 CLC
1675
16-Computation of New Period of Limitation
17-S.19 and S.20 of Limitation Act
18-S.19 and S.25 of Contract Act

19-Preclude
Q. 2: ACQUISITION OF RIGHT TO EASEMENT
(OUTLINE)
Preface
Relay provisions
Definition of easement
a. U/s 4 of Easement Act, 1882
b. U/s 2(5) of Limitation Act
c. Definition by Austin
Acquisition of right to easement u/s 26
Instances of easement
Illustration
Essentials for acquisition of an easement
The claimant must have locus standi

Peaceful enjoyment
Enjoyment must be open
As a right
As an easement
Without interruption
i. What amounts to interruption
ii. Mere non-use is not an interruption
For a continuous period of 20 years
In case of Government property
Limitation period for filing of suit u/s 26
“Easement shall be absolute and indefeasible”
10-Object of section 26
11-Preclude
Q. 3: CONTINUOUS RUNNING OF TIME AND ITS EXCEPTIONS
1.Preface
The rule as to continuous running of time is one of the fundamental principles of the law
of limitation.
Where once time has begun to run, it runs continuously an without any breaks or
interruptions until the entire prescribed period has run out, and no disability or inability
to sue occurring subsequently to the commencement will stop it running.
2. Relay Provisions
3. General Rule
“The general rule regarding the limitation period is that where once time during which an
individual is entitled to seek his remedy, had begun to run, it runs continuously and
without any breaks or interruptions until the entire prescribed period has run out and no
disability or inability to sue occurring subsequently to the commencement will stop it
running.”
1996 CLC 348
4. Continuous Running of Time ---- Meaning
Continuous running u/s 9 means running of time without any breaks or interruptions.
5. “Disability Or Inability”
Disability ----want of legal qualification to act
Inability------want of physical power to act
►The expression “disability or inability to sue” refers to something which pertains to the
plaintiff.
6. When Time Runs
The time runs when the cause of action accrues and the cause of action accrues when
there is in existence a person who can sue and another who can be sued and when all the
facts have happened which are material to be proved to entitle the plaintiff to succeed.
7. Principle
The principle embodied in section 9 is a fundamental principle of law of Limitation,

which aims at avoiding the stale demands.
8. Scope of Sec 9
Section 9 applies only to suits and application.
9. Exceptions to This General Rule
a. When letter of administration of creditor’s estate have been granted to his

debtor u/s 9
b. Day from which limitation period be reckoned be excluded u/s 12(1)

c. Day of pronouncement of judgment complained of be excluded u/s 12(2)
d. Days in obtaining certified copies of judgment be excluded u/s 12(2)
e. Effect of legal disability
f. Days in obtaining certified copies of award u/s 12(4)
g. Period of defendant’s absence from Pakistan be excluded u/s 13
h. When the court is closed on the expiry date u/s 4
i. Period of institution of bona fide civil suit in a court without jurisdiction.

U/s 14(1)
j. Period of institution of bona fide application in a court without jurisdiction

u/s 14(2)
k. Period for which injunction be obtained to stay the proceeding u/s 15(1)
l. Period of notice u/s 15(2)
m. Period of proceeding to set aside sale u/s 16
n. Death of part before right to sue accrues u/s 17

o. Effect of fraud u/s 18
p. Effect of acknowledgement u/s 19
q. Effect if payment on account of debt or on legacy u/s 20
10-Preclude
Q.4: DUTY OF COURT REGARDING TIME BARRED SUITS
1. Preface
The Limitation Act, which has been termed a “statute of repose peace and justice”, is
founded on the most salutary principle of general and public policy.
The statute discourages litigation by burying in one common receptacle all the
accumulations of the past time, which are unexplained and have now from lapse of time
become inexplicable.
The object of the Limitation Act is not to create or define a cause of action but simply to
prescribe the period within which existing rights can be enforced in courts of law.
The principle of the act is not to enable suits to be brought within certain periods, each of
which starts from some definite event, as the law assist those who are vigilant, and not
those who sleep over their rights.
2. Relay Provision
►Section 3 of The Limitation Act, 1908
3. Meaning of Period of Limitation
“Period of limitation means time prescribed in First Schedule of Limitation Act, 1908 for
filing of suits, appeals &applications to the court. 3rd column of the First Schedule provides
‘TERMINUS A QUO’ which means starting point of period of limitation.”
a. “Every suits”
b. “Instituted”
When a suit is deemed to be instituted
1. In case of a suit
2. In case of pauper
3. In case of claim against company
c. “After the period of limitation prescribed”
i. For suits
First Division of First Schedule of Limitation Act, has through articles 1-155 provided
different periods of limitation for suits described in these articles with minimum period of
30 days and maximum period of 60 years.
ii. For appeals
Second Division of 1st Schedule of Limitation Act through articles 156-162 has provided
periods of Limitation for filing of civil appeals under CPC and criminal appeals under CrPC.
iii. For applications

3rd Division of First Schedule of Limitation Act through Articles 163-183 has prescribed
different periods of limitation for filing of different kinds of application.
d. “Shall”
► Mandatory provision
e. “Dismissed”
f. “Although limitation is not set up as a defense”
5. Duty of Court
Section 3 of limitation Act , makes it obligatory on thy part of the court to dismiss an appeal
presented out of time subject , of course , to the provisions of section 4 to 24 of limitation
Act 1908.
6. Exception to This General Rule
►Section 4-25
7. How Court Can Exercise This Power ?
►Suo motu
►On Objection by the opposite party

8. Stage At Which Plea of Limitation Can be Raised
►Trial stage
►Appellate stage
►Reviewal stage
►Revisional stage
9. When Suit etc. Can be Dismissed
10-Limitation can’t be Waived Through Contract
11-Period of Limitation Prescribed by Any Local or Special

Law
12-Application to Govt. And Officers
13-Principle Embodied In Section 3
14-Preclude
Q. 5: FRAUD AND ITS EFFECTS ON LIMITATION
1. Preface
Section 18 of The Limitation Act is an enabling provision which postpone the start of
limitation period in cases where the right to seek relief is kept out from knowledge of one
party by means of fraud by the other party.
2. Relay Provisions
Section 18 Limitation Act
3. Meaning of Fraud
►the term ‘fraud’ is not defined in The Limitation Act; therefore, it must have its plain
literal meaning.
“The term fraud in this section means active deceit in defrauding or endeavoring to
defraud a person of his right by artful device.”
4. Definition of Fraud
“An intentional prevention of truth for the purpose of inducing another in reliance upon it
to part with some valuable thing belonging to him or to surrender a legal right.”
Black’s Law Dictionary

5. Fraud u/s 18 of Limitation Act
Section 18 of Limitation Act is attracted where there is an active and designed fraud. It has
no application when the other party merely remains silent or does not do any act which is
designed to prevent knowledge of cause of action.
a. “Any person”
b. “Having a right to institute a suit or make an application”
c. “Kept out from the knowledge of such right”
d. “By means of fraud”
e. “Necessary document”
f. “Concealed”
g. “The period of limitation shall be computed”
i. Fraud first became known

The period shall start to run from the time when the fraud first became known to the
person injuriously affected thereby.
ii. In case of concealed document
The period of limitation shall start to begin from the time in case of concealed document
when the applicant first had the means of producing it or compelling its production.
7. Meaning of knowledge
The knowledge required by section 18 is not mere suspicion. It must be the knowledge of
such a character as will enable the person defrauded to seek his remedy in the court.
8. Application of sec. 18
►only to suits and application
►it applies to following three cases
iii. Where the right to sue or make an application has been fraudulently
concealed from the plaintiff by the fraud of defendant.
iv. Where the title on which such right is founded has been so
concealed.
v. Where any document necessary to establish such right has been

concealed.
9. Essential conditions
h. That his cause of action has been concealed from him by fraud
i. That the fraud is by the defendant or by any person through whom he

claims.
j. That the plaintiff is in time since the discovery of the fraud.
10-What constitute fraud
11-Principle embodied in sec 18
The principle embodied in section 18 is that right of a party defrauded cannot be affected
by laps of time so long as he is under fraud by the other party.
12-Scope of section 18
13-Burden of proof
14-Section 18---- an exception to section 9
15-Effect of fraud on limitation period
k. Fraud first became known
l. In case of concealed document

16-Computation of fresh period of limitation
17-Protection to bona fide purchaser
18-Preclude
\
Q. 6: LEGAL DISABILITY AND ITS EFFECTS
1. Preface
The Limitation Act, which has been termed a “statute of repose peace and justice”, is
The statute discourages litigation by burying in one common receptacle all the
The object of the Limitation Act is not to create or define a cause of action but simply to
The principle of the act is not to enable suits to be brought within certain periods, each of
Section 9 of the Act provides that “where once time has begun to run, no subsequent
disability or inability to sue stops it.” This general rule is, however, subject to certain
exceptions.
2. Relay Provisions
►Sections 6, 7, & 8 of Limitation provide exception of the general rule given is section 9
and deals with Legal Disability.
3. Meaning of Legal Disability
“Legal disability means inability of an individual to sue or to seek his remedy due to
minority, lunacy or idiocy.”
“In the context of Law of limitation legal disability is inability of a litigant party to seek
relief from a court of law due to minority, lunacy or idiocy.”
4. Factors Which Constitute Legal Disability
a. Minority
b. Lunacy
c. Idiocy
5. Application of Section 6, 7 and 8
d. Suits
e. Applications for execution of decrees
6. Nature/Essentials of legal disability
►To constitute a valid legal disability and to invoke the benefit of sections 6, 7 and 8 the
disability must be
i. Continuous
ii. Initial and not subsequent
iii. Be present on accrual of cause of action
7. Benefits of Legal Disability is Personal

8. Representative Capacity
9. Effect of Legal Disability
►If a person is under one or more legal disabilities, fulfilling the conditions enumerated in
section 6 or 7, the period of limitation will not start running against him till the cessation
of all the legal disabilities.
►The legal disability extends the period of limitation.
10-Kinds of Legal Disability and Extension of Time
 Person suffering from single disability u/s 6(1)
 Person suffering from several disabilities concurrently u/s 6(2)
 Person died in disability u/s 6(3)
 Person disabled died and representative suffers disability
 Person disabled died and representative suffers several disabilities
 Disability in case of one of several plaintiffs u/s 7
i. Discharge without concurrence
ii. Discharge with concurrence

11-Exceptions u/s 8
i. In case of pre-emption suits
ii. In case of other suits
12-Pre-Requisites to avail The Benefit of Legal Disability
1- The plaintiff must be entitled to institute a suit or make an application
2- The plaintiff must suffer from legal disability at the time of accrual of
cause of action
3- The disability being suffered by the plaintiff must be either by minority

or insanity or idiocy
13-Object
14-Preclude
Q. 7: DUTY OF COURT REGARDING TIME BARRED SUITS
1. Preface
►The Limitation Act, which has been termed a “statute of repose peace and justice”, is
►The statute discourages litigation by burying in one common receptacle all the
►The object of the Limitation Act is not to create or define a cause of action but simply to
►The principle of the act is not to enable suits to be brought within certain periods, each
of which starts from some definite event, as the law assist those who are vigilant, and not
2. Relay provision
►Section 3 of The Limitation Act, 1908
3. Meaning of period of limitation
“Period of limitation means time prescribed in First Schedule of Limitation Act,1908 for
filing of suits, appeals &applications to the court. 3rd column of the First Schedule provides
‘TERMINUS A QUO’ which means starting point of period of limitation.”
4. Analysis of section 3
g. “Every suits”
h. “Instituted”
When a suit is deemed to be instituted
i. In case of a suit
ii. In case of pauper
iii. In case of claim against company
i. “After the period of limitation prescribed”
i. For suits
First Division of First Schedule of Limitation Act, has through articles 1-155 provided
different periods of limitation for suits described in these articles with minimum period of
30 days and maximum period of 60 years.
ii. For appeals
Second Division of 1st Schedule of Limitation Act through articles 156-162 has provided
periods of Limitation for filing of civil appeals under CPC and criminal appeals under CrPC.
iii. For applications
3rd Division of First Schedule of Limitation Act through Articles 163-183 has prescribed
different periods of limitation for filing of different kinds of application.
j. “Shall”
► Mandatory provision
k. “Dismissed”
l. “Although limitation is not set up as a defense”
PLD 1978 KAR 818
2. Duty of court
1989 MLD 4314
5. Exception to this general rule
►Section 4-25
6. How court can exercise this power
►Suo motu
►On Objection by the opposite party
7. Stage at which plea of limitation can be raised
►Trial stage
►Appellate stage
►Reviewal stage
►Revisional stage
9. When suit etc. can be dismissed
10-Limitation can’t be waived through contract

PLD 1969 PESH 313
11-Period of limitation prescribed by any local or special law

PLD 1969 SC 167
12-Application to Govt. and officers
13-Principle embodied in section 3
14-Analysis
Q. 8: SUFFICIENT CAUSE –SECTION 5
1. Preface
The Limitation Act, which has been termed a “statute of repose peace and justice”, is
founded on the most salutary principle of general and public policy. The statute
discourages litigation by burying in one common receptacle all the accumulations of the
past time, which are unexplained and have now from lapse of time become inexplicable.
The object of the Limitation Act is not to create or define a cause of action but simply to
prescribe the period within which existing rights can be enforced in courts of law. The
principle of the act is not to enable suits to be brought within certain periods, each of
2. Period of Limitation
General Rule
Section 3 of Limitation Act creates a bar upon the jurisdiction of civil courts by providing
that no judicial proceeding shall be initiated in a court if period of limitation in the respect
has expired.
Exceptions
Sections 4-25 of Limitation Act create exceptions to this general rule. Section 5 of the act
provides that the court can entertain an appeal, review or revision filed after period of
limitation due to reasons beyond control of the party.
3. Relay Provision
a. “Any appeal or application”
b. “For a revision or review of judgment”
c. “May be admitted”
d. “After period of limitation prescribed”
e. “Satisfaction of the court”
f. “Sufficient cause”
g. “Applicant was misled…Explanation to sec. 5”
4. Scope of Section 5
►Applies only to appeals and certain applications
5. Principle Embodied in sec. 5
►The principle embodied in section is that a party must not be left without justice if it has
sufficient cause for the delay in filing appeal or application.
6. Meaning of Sufficient Cause
The term “ sufficient cause” has not been defined or explained by the Limitation Act. The
court with reference to the circumstances of each case determines it.
“Something beyond control of the party and it must be determined by a reference to the
circumstances of each particular case.”
PLD 1968 LAH 923
7. What Constitute Sufficient Cause
►What constitutes sufficient cause cannot be laid down by hard and fast rules. Broadly
speaking, however, it connotes to something beyond control of the party. It must be
determined by a reference to the circumstances of each particular case.
8. Test to Determine Sufficient Cause
 It must be a cause which was beyond the control of the party invoking it
 The party must not be guilty of negligence
 His diligence and care must be shown
 The intention of the party must be bona fide
10- Instances----Amount to Sufficient Cause
 Mistake of council
 Illness of party or pleader
 Appeal filed in wrong court due to bona fide mistake of wrong valuation of suit
 Pardanasheen lady----if could not engage a lawyer
 Minority
 Imprisonment
 Reserving judgment
 Mistake of fact
 Defective vakaltnama
 Mistake of the clerk of an advocate
11- Instances -----Do Not Amount to Sufficient Cause
 Appeal filed in a wrong court due to negligence of council

 Illness of family member
 Mistake of law
 Poverty
 Negligence
12- Explanation of Every Day of Delay
13- Satisfaction of Court
14. Condonation of Delay is Concession
►Cannot be claimed as a matter of right
15- Effect of Condonation of Delay

16. Application of Sec 5
a. Appeals
b. Revision
c. Review
d. Application for leave to appeal
e. Any other application to which section 5 is made applicable
17- Not Applicable to Appeals Heard ex-parte
18- Difference b/w S.5 and S.14
a. Application
b. Nature of relief
c. Condition
d. Extension/exclusion of time
e. Nature of provision
19- Preclude
‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬
‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬
‫آفس‪ :‬فاطمہ اینڈ اقبال الء چیمبر الھور‬

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The Innovative Law Academy

LLB Notes Part 3

THE CODE OF CIVIL PROCEDURE ( CPC )

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

Office: Fatima & Iqbal Law Chamber Lahore

YouTube/Law and Communication skills

Facebook/Innovative law academy

I Am Very Thankful To You All

Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

CELL NO: 0300-0096491

OFFICE: FATIMA & I QBAL LAW CHAMBER LAHORE

INNOVATIVE LAW ACADEMY LAHORE

West Pakistan civil courts ordinance II of 1962

4. Lexical meaning of jurisdiction :

“ A court’s power to decide a case or issue a decree” .

6. Kinds of Jurisdiction Territorial Jurisdiction

8. Definition of Territorial Jurisdiction

9. Territorial Jurisdiction in suits relating to immovable

1- Definition of Immovable Property

2- Suit shall be instituted in the court General Rule u/s 16

2. suit for the partition of immovable property – Section 16(b)

4. suit for compensation for wrongs to immovable – Section 16(d)

5. suit for recovery of movable property actually distraint or attachment

3- Exception to this General Rule

1. Property must be held by or on behalf of defendant at the time of institution of suit

10. Territorial jurisdiction with respect to suits involving

11. Institution of suit where local limits of jurisdiction of

1- The court shall record the statement u/s 18(1)

3- Effect of exercise of jurisdiction u/s 18(1)

2. That there has been a consequent failure of justice

12. Territorial Jurisdiction with respect to suits involving

13. Territorial Jurisdiction when defendant resides in

i . defendant actual or voluntarily resident .

ii . defendant carries on business .

iii .where cause of action arises .

15. Objection to territorial Jurisdiction of court --- Section 21

16.WHEN OBJECTION CANNOT BE TAKEN:

17.WHO MAY RAISE OBJECTIONS :

18. Preclude Remarks

6. Nature of Right of Appeal

7. Appeals from a decree

ii. Person who may Appeal:

iii. Person otherwise competent to file appeal:

2. Transferee of the interest of party,

3. A benamidar on behalf of a real owner

4. A guardian on behalf of a minor

5. Government (Federal or Provincial)

iv. Appeal against preliminary decree:

v. Grounds of first Appeal:

II. 2nd Appeal

i. Grounds for Second Appeal

(ii) Decision being contrary to the usage having force of law

(iv)Substantial error or defect in procedure

A. Cases where second appeal is barred: