Civil Law Questions

Zeeshan Butt
Civil Judge Cum Judicial Magistrate
Civil Law Questions

1- What jamabandi/periodical Record of Rights?
It is a revised edition of the Record of Rights. It is prepared by the Patwari after every
four years under the order of the collector. It provides up-to-date information and
contains all the changes which have taken place in an estate. It has 12 columns each
depicts unique information.
2- What is first column of jamabandi?
First column of Jamabandi is Khewat Number. It is the number of owner/ owner of land.
It is written by Black Ink. This number is subject to change in every next Jamabandi.
Sometimes, the number of Khewat in last Jmabandi is mentioned with Red Ink for
reference only. The detail of it is given in the 4th column.
3- What is second column of jamabandi?
It is Khaataunbi Numberb. It is the number of possessioner or cultivator of land. The
description of the cultivator is mentioned in the 5th column.
4- What is third column of Jmabandi?
Patti, Taraf or Numberdar is mentioned in the 3rd column. Information about physical
location of the land is mentioned in it.
5- What is 4th column of jamabandi?
This column carries detail about the owner of the land. Name of the owner and his
parentage is written in this column.
The details about possessor or the cultivator is mentioned in this column. If the owner
mention in the 4th columns is also the possessor and cultivator of such land, the term
“Khudkast” is used. If the land is not in possession or cultivated by the owner himself,
the term “Gair Marusi” is used. It means temporary.
In this column number khasra is mentioned. Number Khasra is the number of land
holding.
It is a remarks column and any entry made in this column may change the status of
ownership and possession of land. The entry in this column is made through red ink and
every entry has a specific reference number or intikal number or rapat number.
All entries pertaining to sale and purchase or any other type of transaction in current
Jambandi period is mentioned in this column.
9- What is meant by bata in first column of jamabandi?
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Sometimes, Khewat Numbers are represented by BATA. Under BATA, previous khewat
number is mentioned. Whereas, above the BATA current Khewat number is mentioned.
10- What is Wajbaat al arz?
It means arrears of land revenue.
11- What is Maalia?
It means the tax government receives against the use of canal water.
12- How mutation is entered in jamabandi?
It is general practice that every registry is made in the sub-registrar office, its entry will
be made in Intikaal Register and the copy of the Intikal is issued, its entry then made in
Roznamcha of Patwari. Then Patwari makes its entry in the 12 th column of Jamabandi.
He mentions detail about the vendor, vendee, amount and nature of transaction i.e. Gift,
sale etc. Further, he mentions about Rapat no, date and how much land has been
transferred. Red ink entry should be ensured to in the Jamaband of Patwari.
13- What is last column of jambandi?
It is a remarks column and any entry made in this column may change the status of
ownership and possession of land. The entry in this column is made through red ink and
every entry has a specific reference number or intikal number or rapat number.
All entries pertaining to sale and purchase or any other type of transaction in current
Jambandi period is mentioned in this column.
14- Colour of entry in last column of jambandi?
The entry in this column is made through red ink.
15- What is the relevant Provision of mutation?
Section 42 and 42A contain procedure about mutation.
16- What is a Partition Suit and what is preliminary decree in it. Also tell about the limitation
of the same; complete procedure of partition suit?
Partition suit is filed by the co-owner of immoveable property for the partition of other
than agricultural land under “Punjab Partition of Immoveable Property Act 2012”.
Although partition suit has been mentioned in order 20 rule 18 rule, yet being special
law, Partition Act 2012 will be prevail and its procedure will be followed. Its procedure is
different from that of regular suit in following manners:
 Firstly, if the co-owners has title or share dispute, court will decide the matter by
passing an order. Such order would be deemed as a decree.
 Secondly, if the parties agree on private settlement, they will submit written
agreement. Court may agree with the proposal and pass a decree thereon.
 Thirdly, if the parties do not agree upon the settlement, court will fix market
price and go for internal auction. In case internal auction fails, the court will go
for open auction and then pass final decree.
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 Limitation for deciding such suit is six months.

17- What is the procedure for the partition of agricultural land?
An application is filed before the Revenue Officer under the Land Revenue Act for the
partition of agricultural land.
18- What is an Administrative suit?
It is a suit brought by a creditor to subject a decedent’s estate to the payment of his
claim.
It is a suit brought by a creditor for administration of a decedent's estate, when there is
doubt as to its solvency.
19- What is a suit for rendition of accounts?
It is filled when a person is a partner in a firm and he has no knowledge about the
accounts of the firm, he can file a suit for rendition of account.
Further, a principal can also file a suit for rendition of accounts against his agent.
If there is a relation of debtor and creditor, a suit for rendition of accounts cannot be
filed.
It can also be filed by a person against the co-sharer.
It can also be filed against the trustee of a trust.
The legal heir of a co-sharer in a business can also file suit fir rendition of accounts.
20- Can a decree passed against one person be executed against his surety/what is section
145 of the cpc, explain?
Yes. As per section 145 cpc, when a person has become liable as surety for performance
of decree, for restitution of any property taken in execution, for payment of any
money, or for fulfilment of any condition, such decree or order may be executed against
such person to the extent to which he has made himself liable in manner provided for
execution.
21- What is section 148 of cpc, explain?
This section gives power to court to enlarge time in all cases in which the period is fixed
or granted by the court for doing of any act prescribed or allowed under this code. The
court can enlarge such period though the period originally fixed or granted has expired.
22- What is section 152 of cpc, explain?
It is about amendment of judgment, decree and order at the application of any party and
su-moto as well. Following mistakes could be amended and rectified under this section:
 Clerical and arithmetical mistakes.
 Errors arising from accidental slip or omission.
23- What is cross objection?
The concept is provided in order 41 rule 22.
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It provides the right of supporting or objecting the appeal to the respondent who has not
filed any appeal.
He can take cross-objection which he could have taken by way of appeal to any decree or
order passed by the lower court. Further, such cross objection should be filed within 1
month from the date of notice to the person or his pleader. Such cross objection should
be taken in the form of memorandum of appeal.
24- How to make Talb-i-muatbat in pre-emption?
It is provided in section 13 of The Punjab Pre-emption Act, 1991.
It is an immediate and jumping demand from the pre-emptor in the sitting or meeting
(Majlis) in which he has come to know of the sale, declaring his intention to exercise the
right of pre-emption.
25- What is section 6 and 7 of the limitation act; any difference between them?
Section 6 deals and explains various forms of legal disability. Section 7 explains about the
cases where on of the several plaintiffs of defendants are legally disable.
26- What is the difference between section 12 and 24 of the Guardian and Ward act?
Section 12 deals with temporary custody if the minor; whereas section 25 deals with the
permanent custody of the minor. Section 25 mentions about the leaving of the minor;
whereas, section 12 does not mention anything about the leaving or taking of the minor
from the person entitled.
Section 12 mentions about the power to order any person to produce the ward;
whereas, nothing likes such has been mentioned in SRA.
27- What is the procedure of a civil suit; explain it from beginning to end?
Following is the procedure and stages of a civil suit:
 Filing of a suit. Order 7, 6, 4 are relevant.
 Summoning of party. Order 5 is relevant.
 Written statement by the defendant. Order 8 is relevant.
 Examination of parties. Order 10 is relevant.
 Settlement of disputes through alternative dispute resolution methods. Section
89A is relevant.
 Discovery and inspection stage. Order 11 is relevant.
 Admission stage. Order 12 is relevant.
 Production of documents/documentary evidence. Order 13 is relevant.
 Settlement of issues. Order 14 is relevant.
 Production of list of witnesses by the parties. Order 16 is relevant.
 Summoning of witnesses. Order 16 is relevant.
 Setting intermediate dates. Order 15, 17 are relevant.
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 Evidence of the parties/hearing of the suit and examination of witnesses. Order

18 is relevant.
 Exhibition of documents. Order 13 rule 4.
 Cross examination of witnesses. Order 18 rule 4(2).
 Final arguments. Order 18 rule 2 (3A)
 Judgment. Order 20 is relevant.
28- Under what provision an application for injunction is given?
Application of injunction is given under order 39 rules 1, 2 of cpc.
29- What is the procedure after the issuance of preliminary decree in a case?
Generally, in a suit for possession of immoveable property, the court shall pass a
preliminary decree for possession and for rent and mesne profits. Further, it orders for
the inquiry for determining the amount of rent and mesne profits.
30- When, in a case, summons are issued and when the notices?
When a suit is filed, summons is issued. When an application is filed, notice is issued.
31- What is section 7 of SRA/can specific relief be granted to enforce penal law?
Section 7 lies down that specific relief cannot be granted for mere purpose of enforcing a
penal law.
32- What is section 3 of limitation act?
It enunciates that subject to section 4 to 25 (inclusive), every suit, appeal and application
made after the prescribed period shall be dismissed even if limitation is not claimed as a
defence.
33- What is the remedy if the right to file written reply is closed?
An order pronounced under order 8 rule 10 is appealable as an order under order 43 rule
1. But no appeal lies against a refusal to pronounce judgment or against an order only
closing the defendant’s right to file a written statement and adjourn the hearing. A
revision could lie.
34- What is a voidable contract, explain with one example?
A voidable contract is a contract enforceable at law at the option of one or more of
parties to it but not others. Example: When a contract is entered into without the free
consent of the party.
Further, if a contract is induced by coercion, undue influence, misrepresentation, it is
always voidable at the option of the party whose consent has been so induced.
35- What is affirmative evidence, who will give evidence after affirmative evidence from the
plaintiff?
Affirmative evidence refers to the requirement that the defendant has to prove the
defence as opposed to negating the prosecution’s evidence. In such cases the person
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who alleges the existence of some fact has to p0rove such existence. Its examples include
cases of self-defence, insanity, necessity and consent etc.
36- What is negative evidence?
It is type that type of evidence which proves something was not true or did not happen.
37- How a suit against a minor and an insane person is filed?
The procedure is same as that of a normal suit with some certain changes. The plaintiff
has to file a list of the relatives of the along-with the petition who could be appointed as
he guardians of the minor.
38- What is an admission provided in CPC, can a judgment be given on the base of
admission?
As per Order 12 cpc, the court may ask the any party to admit the case or admit any
document. Moreover, at the notice of other the party, admission of facts could also be
made. Further, as per rule 6 of the same order a judgment could also be made on the
basis of an admission.
39- As a judge, how would you deal with the application that the admission has been made
by a mistake?
As per order 12 rule 4 provisos second, the court may at any stage of the case allow any
party to amend or to withdraw any admission so made on such terms as may be just.
40- What is approbation and reprobation?
This concept reflects that a person cannot both approve and disapprove an instrument at
the same time. Further, one cannot blow hot and cold at the same
time. Simply, it means to accept one part of a document and to reject those other parts
unfavourable to one’s interests.
41- Whether a trespasser, who has been illegally disposed, could get an injunctive order?
No.
42- What are negotiable instruments; how is it filled and where is it filled?
A negotiable instrument is a signed document that promises a sum of payment to a
specified person or the assignee.
Negotiable instruments are transferable in nature, allowing the holder to take the funds
as cash or use them in a manner appropriate for the transaction or according to their
preference.
Common examples of negotiable instruments include checks, money orders, and
promissory notes.
43- What are the contents of a judgement and what is the relevant provision?
Following are the contents of a judgment:
• A concise statement of the case.
• The points of determination i.e. issues.
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• The decision of the court with regard to each issue.

• Reasons for the decision.
A judgment cannot be based upon the personal knowledge of the presiding
officer, or on susupicions, or on conjectures. It must be based on evidence on record.
44- What is a representative suit; also mention the relevant provisions?
Relevant provision: order 1 rule 8.
A representative suit is a suit in which one of persons having same interest in the subject
matter in same suit may plead or defend on behalf of all others with the permission of
court.
Terms used: Yak-az-muda elyham and Yak-az- Mudayyan.
45- Whether the dismissal of suit is a decree or not?
Yes, when a suit is finally adjudicated after recording of proper evidence and the plaintiff
remains failed to establish its case. The court dismisses the suit by touching the factual
and legal merits of the case. Further, the court can also dismiss the suit otherwise e.g.
dismissal of suit non-prosecution. No new suit could be filed after dismissal as the rule of
res judicata comes into action.
46- Whether rejection of plaint amounts to decree?
Yes, as per section 2(2) rejection of plaint under 7/11 also amounts to decree. A judge
can even suo moto reject the plaint. Further, a decree sheet is also prepared after
rejction of plaint. As to remedies, if the application of 7/11 accepted, the aggrieved
party can file appeal; and if the 7/11 rejected, the aggrieved party can file revision.
47- What are ex-parte proceedings and what is its relevant provision?
Order 9 rule 6 provides for ex-parte proceedings. It says that if a plaintiff appears and the
defendant does not appear the court can take following actions:
 When summons are duly served the court can start ex-parte proceedings and can
pass decree without recording evidence.
 When summons are not duly served the court shall direct a second summons.
 When though the summons were served but not in due time, the court can give
time to the defendant and can also order a new summons to be given.
48- What remedies are available against the ex-parte decree?
There are various remedies available against an ex-parte decree. Following are some of
the remedies:
 As per order 9 rule 13, the defendant may file an application for setting-aside the decree
by proving that the summons was not duly served or he was prevented by the sufficient
cause.
 As Review Application under Section 114, order 47 rule 1.
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 An appeal under section 96.

 An application under section 12(2).
 A revision may also lie.
49- What is the doctrine of “Cyprus”?
Cy pres doctrine is a legal concept that gives courts the power to interpret the terms of
a will, gift, or charitable trust. This doctrine will become active if the intended wishes or
conditions of the original document cannot be carried out, be legitimately interpreted
literally, or legally performed. Cy pres gives the court the flexibility to understand the
perceived intent of the donor or testator and implement their wishes.
50- What is rule Nisi?
Generally, a rule nisi is an order “to show cause”, that the ruling is absolute unless the
party to whom it applies can show cause why it should not apply.
It is a court order or decree which would come into force at a future date unless a
particular condition is met.
I. Example: In divorce cases, a rule nisi is issued by the court to tell the parties that
they have to wait a certain period of time before making their divorce final.
II. In Pakistan, after conclusion of the trial, the family courts often try to reach
reconciliation between the parties before final decree. This could be an apt
example to understand this concept.
51- Explain the concept of locus poenitentiae?
It is the power of receding till a ecisive step is taken but it is not the principle of law that
order once passed becomes irrevocable and past and closed transaction. To simplify, it is
an opportunity to withdraw from a contract or obligation before it is completed or to
decide not commit an intended crime.
52- What is difference between an act and an ordinance?

An act is a law which is made by the legislature like parliament or provincial legislative
assembly.
An ordinance is a temporary law, circulated by the president or the governor. It can only
be made when the parliament is not in session. Legally, an ordinance is the equivalent of
an act but it is not made by the parliament. Further, it is a temporary arrangement till it
expires or repealed or it may be approved by the legislature.
53- What is a precept?
Relevant provision is section 46 cpc.
It is an order or direction in writing given by one court to another court requiring such court
to do certain act.
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To explain further, it is issued on the application of the decree holder for the attachment of
the property of the judgment-debtor for the execution of the decree.
54- Who is performa defendant(Tarteebi Muda elyhum)?
These are those defendants against whom the plaintiff has no claim of relief. For example, if
A sues B and also includes the partners of B in the suit as defendants, though A has no claim
against them.
55- What documents are attached with a plaint in a suit?
A. Plaint
B. Application
C. Affidavit
D. Power of attorney
E. Fard Pata 7/19
F. List of documents that has been presented to court ,Fard 7/9
G. List of reliance, documents that are to be submitted in future, fard 7/14
H. Fard Talbana
I. Draft forms of summons/Notices
J. As many copies of pliant as there are defendants and two extra copies.
56- Can a judgement debtor participate in the auction of his property?
No, he cannot participate
57- What is the preamble of the civil procedure code, 1908?
“An act to consolidate and amend the laws relating to the Procedure of the Courts of Civil
Judicature.”
58- Who can amend the sections and who can amend the Orders/Rules of the Code of Civil
Procedure?
Only the legislature can amend the section portion and High court can amend the
Orders/Rules as they are subordinate legislation.
59- What is meant by “Lis Pendens”/“Transaction Pendente lite?”

This doctrine is based on the Latin maxims which are translated as following “during
litigation nothing new should be introduced.” Where a suit regarding the property is still
pending, subject matter of the suit cannot be transferred before the final disposal of the
suit. In fact, doctrine of lis pendens bars the transfer of encumbering any right to immovable
property during pending suit or proceeding before a court of law. Following are the
prerequisites for applicability of this principle:
 Transfer during litigation.
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 Transfer by any party to suit.

 Suit must be pending.
 Suit or proceedings must not be collusive.
 The court must be competent to adjudicate the matter.
 Any right or interest in immovable property must be directly and specifically involved.
 Alienation must affect the rights of other party.
 Suit should not be conclusive at that stage.
 The transfer must not be authorized by that court.
60- What is a Decree?
It is adjudication: Adjudication means judicial determination of a matter in controversy.

A. Given in a suit,
B. Determines the rights of the parties,
C. Such rights should be with regard to all or any matters in the controversy,
D. Be conclusive, and
E. Formally expressed.
It also includes the rejection of plaint and determination of questions within section
144 and rules 60, 98, 99, 101 and 103 of order 21.
It does not include any adjudication from which an appeal lies as an appeal from an
order and any order of dismissal for default.
61-How many classes of a Decree?

There are three types of decrees:
A. Preliminary
When further proceedings have to be taken to completely dispose of the suit and
when it only declares the rights and obligations of the parties leaving further matters
to be determined in subsequent proceedings.
Examples:
I. Order 20 rule 12, decree for possession and mesne profits.
II. Order 20 rule 13, decree in administrative suit.
III. Order 20 rule 14, decree in pre-emption suit.
IV. Order 20 rule 15, decree in suit for dissolution of partnership.
V. Order 20 rule 16, decree in suit for accounts between principal and agent.
B. Final
It is a decree that completely disposes of and conclusively determines the matters in
controversy.
C. Partly preliminary and partly Final
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An illustration of such decree is provided in section 20 rule 12. The part of decree
which directs delivery of possession of property or declare the rent or profit due, is
final, but the part directing an inquiry as to rent or profits is preliminary.
62- What is a Suit?
A suit is any civil proceeding which is instituted by the presentation of a plain.
63- Who is a legal representative?

It is a person who:
 Represents the state of a deceased person.
 A person who intermeddles with the estate of a deceased.
 Where a party sues or being sued in representative character, the person on
whom the estate devolves.
64- What are mesne profits?
These are those profits:
 A person in possession actually received
 A person in possession might with ordinary diligence have received therefrom.
 Together with interest thereon.
 It does not include profits gained due to improvements made by the person in
wrongful possession.
65- Who is a public officer?
Relevant provision: section 2 (17)
It includes:
 Every judge.
 Every person in the service of Pakistan.
 Every commissioned officer.
 Every gazetted officer.
 Every officer of court of justice.
 Jailor.
 Police officer.
 Revenue officer. Etc, etc
66- Difference between a decree and an order.
 Every decree is appealable/Not every order is appealable; only those that are
provided in section 104, read with order 43.
 A second appeal may lie against the decree/No second appeal against the order.
 A decree conclusively determines the rights/ an order not necessarily do so.
67- What is Revenue Court?
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It means a court having jurisdiction under any local law to entertain suits or other
proceedings relating to the:
 Rent
 Revenue
 Profits of land used for agricultural purposes.
68- What are the bars on the jurisdiction of the civil courts?
Generally, a civil court can try all suits of civil nature subject to their pecuniary and territorial
jurisdictions. Anyhow, there are some bars on the power of court to try civil suits. Following
are the types and examples of these bars:
Absolute Bars:
 Sections 10, 11, 12, 47, 66, and 144, order 9 rule 9, order 2 rule 2.
Conditional Bars:
 Sections 83, 84, 84-A
69- What are the suits of civil nature?

All the suits involving the right to property or right to office are suits of civil nature. Such
property of office may be of religious nature.
70- What is res-sub-judcie and what are the pre-requisites of it?
It is well established principle to prevent the courts of concurrent jurisdiction from
simultaneously entertaining and adjudicating upon two parallel litigations in respect to
the same matters in issue. Following are the pre-requisites:
 The matters in issue in both the suits must be directly and substantially the same.
 The previously instituted suit must be pending in a court of competent jurisdiction.
 The court before which the previous suit is pending must be competent to grant the
relief in the subsequent suit.
 Both the suits must be between the same parties.
 The parties must be litigating in both the suits under the same title.
Even though all the conditions are not met, the court can still stay the proceedings u/s
151 of the cpc.
71- What is res judicata and what are its pre-requisite?

It means if a matter has been adjudicated by the competent court, it must not be
pursued further by the same parties.
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It is principle to give finality to the adjudication of issues by the court. Further, the
purpose of this section is to prevent waxing someone twice. Following are its pre-
requisites:
 The matter directly and substantially in issue in the subsequent suit or issue must
be the same matter which was directly and substantially in issue either actually or
constructively in the former suit.
 The former suit must have been a suit between the same parties or between the
parties under whom they or any of them claim.
 The as aforesaid must have litigated under the same title in the former suit.
 The court which decided the former suit must have been a court competent to try
the subsequent suit.
 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.
72- What is the meaning of mater in issue?
It means those necessary facts constituting the claim or defence and also the material
point in dispute between the parties.
73- What is the meaning of matter directly and substantially in issue?
It means those matters which must in former suit have been alleged by the one party and
either denied or admitted by the other party. Further, a matter is substantially in issue if
it is of importance and value for the decision of the case.
74- What is constructive res judicata?
It means if the parties have had an opportunity of asserting a ground in support of their
claim or defence in a former suit and have not done so, they shall be deemed to have
raised such grounds in the former suit and have further deemed that these grounds had
been heard and decided as if these matters had been actually in issue.
75- What is the difference between res judicata and constructive res judicata?
 In res judicata, it is necessary that the matter must have been alleged by the one
party and either admitted or denied by the other party/// this is not required in
the case of constructive res judicata.
 This matter must have been heard and decided in case of res judicata/// this is
not the case with constructive res judicata.
76- What is the difference between issue of law and issue of fact?
 An issue of fact is an issue, the decision whereof is dependent upon testimony of
either party. Simply, all questions other than the question of law are question of
fact. Further, these are those questions which are not subject to the judicial
discretion.
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 An issue of law is an issue in which the application of law is contested. A question

which a court must answer by applying rule of law. Simply, it is a question which
asks what law on a particular point is.
77- What is the difference between Res Subjudice and Res Judicata?
 Res Subjudice is discussed in s.10, CPC; while Res Judicata is discussed in s. 11, CPC.
 Res Subjudice applies to the proceedings pending in the court, i.e., matters pending
judicial inquiry; while Res Judicata applies to matters already adjudicated upon.
 Res Subjudice stays the latter suit instituted in the court which has the same matter
directly and substantially in issue in the previous suit; while Res Judicata bars the trial
of a suit in which the matter is directly and substantially in issue has already been
adjudicated upon in a previous suit.
 In the case of Res Subjudice, the previously instituted suit must be pending in the
same court in which the subsequent suit was brought or in a different court having
jurisdiction to grant the relief claimed; while in Res Judicata, No such requirement is
needed.
78- In how many ways a decree can be satisfied/ executed?
Following are the five ways provided in section 51 of cpc for:
I. By delivery of any property specifically decreed.
II. By attachment and sale of any property specifically decreed.
III. By arrest and detention in prison.
IV. By appointing a receiver.
V. In such other manner as the nature of relief granted may require.
 Detention in prison cannot be ordered unless the judgment given a
opportunity to show cause.
79- Can a woman be arrested in the execution of a money decree?
No. It is provided in the section 56 of cpc that a woman cannot be arrested for the
execution of a money decree.
80- Whether a party, who is not a party to suit, could file an application u/s 12(2)?
If a person adversely affected by an order or judgement or order in which he was not a
party, still he can file application under this section.
Examples of cases where suit is barred:
 Order 2 rule 2.
 Order 9 rule 9.
 Order 22 rule 9.
 Order 23 rule 1.
81- What is the presumption regarding a foreign judgment and when it is not conclusive?
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When a certified copy of foreign judgment is produced, the court shall presume it to be
by competent court. In following cases, a foreign judgment is not conclusive:
 The court was not competent.
 Not given on merit of the case.
 Based on incorrect view of international law.
 It is opposed to natural justice.
 It has been obtained by fraud.
 It is founded on breach of any law of Pakistan.
82- If any party does not object to jurisdiction of a court at the court of first instance, can he
be allowed to object at the appellate stage that the court of first instance had no
jurisdiction?
No. As per section 21 of the cpc, such objection is not allowed at the appellate stage.
83- Whether a notice to other parties is essential before applying for transfer of case from
one court to another?
Yes. As per section 22 a prior notice to other parties is mandatory to apply for transfer of
case from one court to another.
84- When the court orders separate trial?
When it appears to the court that joinder of parties would delay and embarrass the
process, the may order the separate trial of the suit.
85- Can the court order the addition of parties in a suit?
Yes. The court can order the addition as well as the deletion of the parties from a plaint
under order 1 rule 10. It is to enable the court to adjudicate upon and settle effectually
and completely all questions involved therein.
86- What is transposition of parties?
It means if in a suit the plaintiff withdraws his plaint, the court me made one of the
defendants as plaintiff and also transpose the original plaintiff as defendant in the same
suit to adjudicate on the issue properly. This power is used under order 1 rule 10 of cpc.
87- Who are necessary parties in a suit, explain with two examples?
Any person who ought to have been made party and in whose absence no effective
decree could be passed is a necessary party. The decree is not binding on a person who
should have been made a party, if he has not been made so. Following are some of the
examples:
I. All the partners in a suit for dissolution of partnership.
II. All persons interested in the partition of property in suit for partition.
III. A vendee in a suit for pre-emption.
IV. A government functionary whose order is being challenged.
88- Who are proper parties in a suit, explain with two examples?
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These are those persons whose presence before court is essential to enable it completely
and effectually to adjudicate upon and settle all questions involved in a suit. Following
are some of the examples:
I. Vendor in a pre-emption suit.
II. A sub tenant in a suit for ejectment of tenant.
89- Whether the principle of relinquishment contained in order 2 rule 2 apply on defendant?
Yes, only in case if a defendant claims set off.
90- What is meant by ‘Cause of Action?’
It means every fact which will be necessary for the plaintiff to prove if traversed in order
to support his right of judgment. Simply, it means those facts which give occasion to and
form the foundation of the suit.
91- What claims could be joined with a suit for recovery of immoveable property?
Following are the claims that could be joined with suit for recovery of immoveable
property:
 Claim for mesne profit or arrears of rent in respect of property claimed.
 Claims for damages for breach of any contract under which the property id held.
 Claims in which the relief sought if based on the same cause of action.
92- How does a suit commence?

A suit commences with the presentation of plaint.
93- What are pre-trial proceeding provided in cpc?
All proceeding under order 5,8,9,9-A,9-B,11,12,13,14 are declared pre-trial proceedings
by newly added order i.e. order 4-A of cpc.
94- How many ways of substituted service of summons are provided in CPC?
Following are the manners of substituted services:
 Affixing of copy of summons on conspicuous part of the house.
 Any electronic device such as telegram, phonogram, fax, radio or television may
be used.
 Urgent mail service or public courier may be used.
 Beat of drum in the locality where defendant resides.
 By publication in the press.
 Any other mode or manner as it may deem fit.
95- What is the concept of “Better Statement?”
It is provided in order 6 rule 5. If the requirements of the rule 4 are not met and the
pleadings are vague, the court can order particulars to be supplied. Further, a better
statement of claim or defence or a further and better statement of better particulars
may be ordered on such terms and conditions.
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96- What is rule of departure?

Order 6 rule 7 deals with this principle. It means that no new ground of claim or
allegation could be allowed in pleading.
Exception: It can be done only by way of amendment in the pleading.
97- What are the grounds for striking out the pleadings?
Order 6 rule 16 provides for the striking out of the pleadings. This deals with amendment
which a party seeks in his opponent’s pleadings. It is provided that the court can order
striking out at any stage of the proceedings any matter in pleading which is unnecessary,
scandalous or which may tend to delay, prejudice the fair trial.
98- Can the pleadings be amended/ what is amendment is pleadings and when it is
allowed/grounds and when rejected?
This deals with the amendment plaintiff’s own pleadings. Order 6 rule 17 provides that
the court can allow on certain terms either party to amend the pleadings so that the real
matter in dispute could be determined.
99- What are the particulars of a plaint?
 The name of the court in which a suit is to be brought.
 The name, description and place of residence of the plaintiff.
 The name, description and place of residence of the defendant.
 A statement as to minority of the parties, if there is any.
 The facts constituting cause of action and when it arouse.
 The facts showing that the court has jurisdiction.
 The relief which the plaintiff claims.
 Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount allowed or relinquished.
 A statement as to the value of the subject-matter of the suit for the purpose of
jurisdiction and of court fees.
100- Can a court which has no jurisdiction reject/dismiss/allow withdrawal of plaint?

No. Such court has no jurisdiction thus could not do any of the above.
101- Can an appellate court return plaint under order 7 rule 10?
Yes. An appellate court can return the plaint under order 7 rule 10 read with section 107
of cpc.
102- What is the rule of limitation in case of return of plaint?
The date of institution is the date when the plaint is re-presented to the court having
jurisdiction on the matter.
103- Does an appeal lie in case of return of plaint?
Yes. Under order 43 rule 1(A), an appeal maybe filed.
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104- What are the grounds for rejection of plaint under order 7 rule 11?
 It does not disclose cause of action.
 The relief claimed is undervalued.
 The plaint is written upon paper insufficiently stamped.
 The suit appears from the record available with the court to be barred by law.
 Plaint can be rejected when it is barred by any law e.g. bar of res judicata,
by order 2 rule 2, by order 9 rule 9, by order 23 rule 1 or by limitation.
105- What is the remedy if the application for rejection of plaint is rejected?
A revision can be filed by the defendant.
106- What is the remedy if the plaint is rejected?
An appeal as well as a review application can be filed.
107- If the evidence has been recorded, should the court reject the plaint at this stage?
No. The court should decide the dispute by keeping 6/17 and 7/11 in view.
108- What is the difference between rejection of plaint and return of plaint?
109- What is the difference between rejection of plaint and dismissal of suit?
The consequences of rejection of plaint would be as if no suit had been filed and a new
suit is not barred.
Whereas, after dismissal of suit, a fresh suit on same matter of issue cannot be filed.
110- What is a written statement?
A written statement is statement filed by the defendant in answer to the plaint and
constitutes his defence.
111- What is set off?
Set-off means a claim by the defendant against the plaintiff or a plea in defence available
to the defendant. As the case may be where there are mutual debts between the parties,
one debt may be settled against the other. Further, it is a cross claim between the parties
to the suit regarding recovery of money.
112- What is discoveries by/and interrogatories?
Interrogatories are a set of questions which a party administers on the other party with
the leave or at the order of the court.
The party, to whom the interrogatories are delivered, must answer them in writing on
oath.
Interrogatories have to be confined to the facts which are relevant to the matters in
question.
All this process is a pre-trial proceeding.
113- What is the punishment for refusing to answer interrogatories/non-compliance with
order of discovery?
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In case of plaintiff, his suit is dismissed of want of prosecution.

In case of defendant, his defence is struck off.
114- Can photocopy of a document be exhibited?

Photocopies of documents cannot be exhibited without the leave of court to lead
secondary evidence.
115- What are the grounds for the transfer of decree to another court for execution?
Section 39 of cpc provides following grounds for the transfer of decree on the application
of decree-holder:
 The judgment-debtor voluntarily resides, carries on business and personally work
for gain in such other court.
 The judgment-debtor has no sufficient property in the jurisdiction of court to
satisfy the decree.
 Where the decree directs the sale or delivery of property not within the
jurisdiction of such court.
 The passing court otherwise consider it expedient.
116- What are the powers of the court executing the decree?
As per section 42 of cpc, such court has same powers as the passing court has. Following
powers have been specifically mentioned:
 Power u/s 39 to transfer decree.
 Power to permit execution of decree against the legal representative u/s 50(1).
 Power u/s 152 to correct legal errors.
 Power to recognise the assignment of the decree.
 Power to grant permission to the decree holder to proceed against the person not
already recognized as partner.(order 21 rule 50)
 Power to give notice of attachment of decree passed by another court. (order 21
rule 53)
117- Can decree be attached?
Yes. Under order 21 rule 53.
118- Is there any exemption for agricultural produce from attachment for the execution?
Yes. The agricultural produce required for the cultivation and sustenance of the
judgment-debtor is exempted from the attachment.
119- For what purpose court issues a commission?
Section 75 to 78 and order 26 are relevant provisions.
The court can issue commission for following purposes:
 To examine any person.
 To make a local investigation.
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 To examine or adjust accounts.

 To make a partition.
120- Cases in which commission may be issued to examine witness?
 Witness who is exempted from attending court.
 An infirm.
 A sick.
121- Whether the commission is issued suo-moto or on the application?
It can be issued both on application and suo-moto.
122- What is letter of request?
The concept is provided in the section 77 of cpc.
It says that the court instead of issuing commission can issue letter of request in case the
witness is not residing in Pakistan.
123- Can depositions of witnesses be read in evidence?
As per order 36 rule 8, generally such evidence cannot be read in evidence but there are
exceptions such as if the court allows it or the such party against whom it is read does
not object.
124- Can the report of the commission be read in evidence?
Yes. Such report by the commission is read in evidence though the parties, with the
permission of court, can examine the commission.
125- What is an interpleader suit?
It is provided in section 88 and its procedure is explained in order 35 of cpc are the
relevant provisions.
It is suit by a person against whom two or more person claim adversely for money, debt
or property. Such person has no interest in the subject matter. He just wants to be sure
about the rightful claimant and also wants costs and indemnity for himself.
126- Can an agent or tenant file suit against their principal and landlord respectively?
As per order 35 rule 5, neither an agent nor a tenant can bring suit against their principal
and landlord respectively.
127- What is the process at the first hearing in an interpleader suit?
At the first hearing the court may:
 Discharge the plaintiff at the first hearing from all liability to the defendant.
Award him cost and dismiss him from the suit.
 May retain all parties, if the court thinks it just and convenient.
128- Who is an officious inter-meddler?
Inter-meddler is a person who interferes into property owned by the other person. For
example, If A dies leaving behind some property. There is no legal claimant of A’s
property. Now, B takes the possession of A’s property and starts looking after it. Later
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on, C claims such property as a legal heir to A. If C is declared as the legal heir of A, B may
claim expenses for taking care of the property. Further, a legal representative includes an
inter-meddler. It means an inter-meddler can file suit in the capacity of legal
representative. Such a suit is called inter-meddler suit.
An officious intermeddler is a person who voluntarily, and without request or pre-
existing legal duty, interjects him- or herself into the affairs of another, and then seeks
remuneration for services or reimbursement.
Example: Person "A" leaves for vacation for two weeks during the summer. Person B
mows A’s lawn. "B" requests payment for this service. Under common law doctrine, "B"
is not entitled to any payment from "A" beyond whatever "A" cares to give. If B tries to
coerce payment, B is an officious intermeddler.
An exception to this rule, however, is if a doctor gives medical treatment to an

unconscious victim. The transaction costs for the doctor are high so the courts usually
will rule this as restitution rather than officious intermeddler.
Another exception to this rule, in certain jurisdictions, is the existence of a quasi-

contract. In general, in order for a contract to exist, there must be mutual consent among
all parties. In the case of an officious intermeddler, this element of a contract is missing:
consideration (goods or services) was provided by one party, but without the mutual
consent of the receiving party.
129- What are supplemental proceedings?
These are provided in section 94 read with order 38,39 and 40. Following are declared to
the supplemental proceedings:
In order to prevent the ends of justice from being defeated the court may do the
following:
 Issue warrant for the arrest of the defendant to appear and show-cause why he
should not give security for his appearance before the court.
 Direct the defendant to furnish security to produce the property belonging to him
and place the same at the disposal of the court.
 Order the attachment of such property.
 Grant the temporary injunction and also put such person in civil prison who
commits disobedience to such injunction.
 Appoint a receiver of such property.
 Make any interlocutory order as may appear just and appropriate to the court.
130- Is there need of re-attachment of property already attached under order 38, if the
decree is passed?
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No. There is no need of re-attachment.

131- Can agricultural produce be attached before judgment?
No. As per order 38 rule 12 agricultural produce cannot be attached before judgment.
132- What is the rule regarding the extension of temporary injunction passed in absence of
defendant?
As per order 39 rule 2A a temporary injunction passed in absence of defendant shall not
exceed 15 days.
133- What are the grounds for granting temporary injunction?
As per order 39 rule 1, following the grounds for granting of temporary injunction:
Wherein is proved by affidavit or otherwise:
 The property in dispute in suit is in danger of being A- Wasted B- Damaged C-
Alienated D-Wrongfully Sold in Execution by any party to suit.
 The defendant threatens or intends to remove or Dispose of his property with a
view to defrauds the creditors.
134- Whether the notice to the defendant is mandatory prior to granting injunction?
Yes, as per order 39 rule 3 prior notice is necessary. Exception to this rule is that where
such notice could defeat the purpose of injunction, the court can issue injunction without
notice. Further, in following cases, 2 to 7 day notice is compulsory:
 In case of sale of goods for default in payment of a debt for which the goods were
pledged with the bank.
 Where the injunction is to be granted against the government, government
servant, any statutory authority, board or a corporation established by the
government.
135- Can the court order sale during pendency of suit?
Yes, as per order 39 rule 6, the court can order the sale of any moveable property which
is subject to speedy or natural decay.
136- Can the subject matter of suit be inspected, detained or preserved during pendency of
suit?
Yes, as per order 39 rule 7.
137- Does appeal lie from a consent decree?
As per section 96(3), no appeal lies from a consent decree.
138- What is meaning of appeal?
It is a sort of complaint to higher forum against the decision of a lower forum for the
reversal of the same.
139- What is the difference between an appeal and Revision?
 Continuation of suit: appeal is the continuation of the suit but revision is not the
continuation of suit.
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 Hearing: any court authorised can hear appeal but revision is heard by High court
or Supreme Court.
 Grounds: Unrestricted grounds in appeal but in revision the grounds are limited.
 Initiation: Parties to suit can initiate appeal. In case of revision, the aggrieved
person can initiate and the court can also suo-moto initiate.
 Institution: Appeal is instituted against some decree. A revision is filed against a
decision or finding.
 Limitation: Appeal should be filed within prescribed time but there no fix
limitation when the revision is suo-mot.
 Exercise of powers: appellate court can exercise all powers of a trial court.
Contrary to this, revision jurisdiction is part of general appellate jurisdiction.
 Substantive order in case of dismissal of revision and appeal: In case of dismissal
of appeal, substantive order is that of appellate court. Contrarily, when revision
petition is dismissed the substantive order is that of lower court.
 Appeal is a matter inters parties; revision is matte between superior court and
subordinate court.
 As to rights: Appeal is a substantive right and it must be conferred by law. On the
other hand, revision is discretionary jurisdiction of court.
140- What is the difference between an appeal and Review?
Following are the differences between Appeal and Review:
 As to Forum: Review lies to the same court but Appeal lies to the superior court.
 As to continuation: Review is not the continuation of proceedings but an Appeal is
the continuation of proceedings.
 As to Grounds: Review is only allowed on the grounds mentioned in order 47 rule
1 but an Appeal can be filed on any ground of fact or law.
141- If a party does not appeal against the preliminary decree, can he appeal against the final
decree?
As per section 97 of cpc, such party cannot file appeal against the final decree.
142- What would be the decision, if the judges hearing the appeal do not concur on reversing
or varying the decree?
As per section 98(2), the decree shall be confirmed in such situation.
143- What is the concept of Referee Judge?
As per the proviso to section 98 of cpc, when two or more judges are hearing an appeal
and they differ on point of law, they may state the point of law on which they differ and
such point shall be decided by another judge of such court.
144- What are the grounds for second appeal?
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As per section 100 cpc three grounds have been provided. Further, section 101 says that
there shall be no appeal on any other grounds. Following are the grounds available:
 When decision of subordinate court is contrary to law or some usage having force
of law.
 The decision has failed to determine some material issue of law or usage having
force of law.
 When a substantial error or defect in the procedure provided by the Code or by
any other law which may possibly have produced error or defect in the decision.
145- Does the filing of appeal suspend the decree and bar execution?
No. As per order 41 rule, mere filing of an appeal does not suspend decree or bar the
execution. However, the appellate court on admission of appeal for regular hearing
suspend both decree and execution.
Moreover, an application can be made to court which passed the decree for stay of
execution. Such court may stay execution on considering following grounds:
 The substantial loss would result to the party applying if execution not stayed.
 The application has been made without any unreasonable delay.
 The applicant has given security for the performance of the decree.
146- Does the right to file appeal available against any decision of court while exercising
power of revision?
No. no right of first or second appeal is available in such case.
147- What are the grounds for first appeal?
First appeal lies on a matter of law or fact and there is no restriction on the grounds
which may be taken.
148- Can an appeal be filed when the decree is passed but not formally drawn?
No. Appeal cannot be filed and if the court does not draw a formal decree, a revision will
lie.
149- Can an appeal be file against a part of decree?
Yes. Appeal can be filed against even a part of decree.
150- What orders are appealable?
Only those orders are appealable that are provided in section 104 and order 43 of cpc.
Following are some of the orders appealable:
 An order u/s 35A, awarding compensatory cost.
 An order u/s 47, order determining any question during execution.
 An order u/s 95, awarding compensation for obtaining arrest, attachment, or
injunction on insufficient grounds.
 An order under order 7 rule 10, returning a plaint.
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 An order under order 8 rule 10, pronouncing a judgment against a party.

 An order under order 9 rule 13, rejecting application for an order to set aside a
decree passed ex-parte.
151- Is right of second appeal available in case an order is passed in appeal against an order?
No. As per section 104(2), no appeal lies.
152- What are the powers of appellate court?
As per section 107 read with order 41 of cpc, the appellate court has following powers:
 To determine the case finally. (order 41 rule 24)
 To remand a case. (order 42 rule 23)
 To frame issue and refer them for trial. (order 41 rule 25)
 To take additional evidence or to require the evidence to be recorded. (order 41
rule 27).
153- When appeal lies to Supreme Court?
Section 109 of cpc mentions following cases:
 When the amount or value of the subject matter of dispute in the court of first
instance was 50,000 or upward and such judgment, decree or order was varied or
set aside.
 If such judgment, order or decree involves the claim or question regarding
property of such amount or value.
 When the High Court certifies that the case involves substantial question on law
as to the interpretation of the constitution.
154- Can appellate court dismiss an appeal in limine?
Yes. As per order 41 rule 11 the court can dismiss appeal without sending notice to the
respondent.
155- Can an appeal be re-admitted after dismissed for default under order 41 rule 11, 17, 18?
Yes. As per order 41 rule 19 such appeal be re-admitted if the appellant shows sufficient
cause.
156- What is Review and on what grounds a review petition can be filed?
It means to examine or to study again. So, the review of a judgment is to study or
examine again the facts in the judgment of the case. The revisit and reconsideration of
decision by the same court. Following are the grounds available for Review:
 Where appeal is allowed but not preferred.
 Where no appeal is allowed.
 Discovery of new and important matter.
 Discovery of new and important piece of evidence.
 When the error is floating on the face of record.
 When there is a substantial error of law.
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 To secure the ends of justice.

 When there is a self-evident error.
 When judgment can be justified on other grounds.
 There is an arithmetic error.
 Following are some important points regarding review:
 For accepting a review petition, a previous notice to the opposite
party is essential.
 When the court is equally divided, the review application is
rejected.
 The order not granting review application is non-appealable.
 The order accepting review application is appealable.
157- What is Revision and what are its grounds?
Revision is basically, an examination of the case by the superior court on the basis of
non-reading or misreading of the evidence by the subordinate court. Following are its
grounds:
 Exercise of jurisdiction not vested in the court.
 Non-exercising of jurisdiction vested in the court.
 To have exercised the jurisdiction illegally or with material irregularity.
 Following are some other important points on Revision:
 Limitation is 90 days.
 The subordinate court to provide the copy of decision within 3
days.
 District court also has the power of revision.
 No revision lies when the district court exercises revision and give
decision.
 High court to decide revision within 6 months.
 It is discretionary jurisdiction.
 No party could produce new evidence without the permission of
the court.
158- Is
there any person who is exempted from personal appearance before court?
Yes. There are certain persons who are exempted from personal appearance before the
court.
Section 132 of cpc provides that a woman who according to the customs of country
ought not to be compelled to appear in public is exempted from appearing before the
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court. Similarly, there are some persons, as provided by the section 133 of cpc, who are
exempted from personal appearance before court.
159- What persons are exempted from arrest under cpc?
As per section 135 Judges, Magistrate or other judicial officer are exempted from arrest
under civil process while going to, presiding to or returning from court. Further, as per
section 135-A, members of Legislative assembly are also exempted from arrest under
civil process during the continuance of meeting of legislature etc.
160- What is the process for the arrest of a person and attachment of property situated
outside the district?
Section 136 of cpc provides for the process of arrest and attachment of property situated
outside the district. It says that when application for arrest of person or attachment of
property is made (not related to execution of decree), the court may issue warrant for
arrest of person or attachment of property to District Court of such District where person
is or where property is situated.
161- What is the section that makes cpc applicable to all courts of civil jurisdiction?
It is section 141. It says that the procedure regarding a suit in the Code shall be followed
as far as it can be made applicable in all proceedings in any court of civil jurisdiction.
162- What section of the Code says that all notices and orders served on given to any person
shall be in writing?
It section 142 cpc.
163- What is Restitution and whether a suit be filed for restitution?
Restitution is not a new concept and section 144 is merely recognition of the principle of
equity and justice prevalent for a long time. The objective behind the Section 144 is that
no person should be allowed to enjoy a benefit derived pursuant to an order/judgment
of a court if such order/judgment is ultimately finally not sustained. The provision
relating to s.144 only intends to regulate the inherent power of the court in that behalf,
which the court can exercise suo motto whenever justice of the case demands so.
Whenever a decree is varied or reversed at appellate stage, the trial court/ court of first
stance is duty bound at the application of the party to cause such restitution to be made
so that the parties could be placed at the position prior to such decree.
A separate suit is not allowed; an application is made.
Following orders could be made for such purpose:
 Order for the refund of the cost.
 Order for the payment of interests.
 Order for payment of damages.
 Order for payment of compensation.
 Order for payment of mesne profit.
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164- Can a suit be filed and an application be made against the representative of a person?
Yes. As per section 146, it is allowed.
165- What is the legal value of consent given in a suit by a next friend or guardian of a person
under disability?
As per section 147 cpc, if such consent is given by the express leave of court, it would
have same effect as would have been made by the person under disability himself.
166- What is section 149 of cpc/ can a court make up for the deficiency of court fee?
As per section 149 cpc, the court can allow to pay whole/ remaining court fee at its
discretion at any stage of the suit. After payment of such court fee, such document shall
have the same impact as would have had the fee paid in the first instance.
167- What are the general powers of court to amend?
Section 153 of cpc provides general powers of a court to amend and remedy any defect
in any proceeding in a suit.
168- What is the difference between date of hearing and date of appearance?
Date of Hearing implies a date on which some act for furtherance of the suit or
proceedings is to be taken. Such act includes hearing of arguments and taking of
evidence, tendering of document or striking of issues.
Date of Appearance implies a date on which the parties are simply informed and
apprised that a Lis pending cognizance of which has been taken.
169- What will happen is the defendant only appears and the plaintiff does not?
In such situation as per order 9 rule 8 when the suit is called for hearing and the plaintiff
does not appear, the suit shall be dismissed with exception that if the defendant admits
the claim the court shall pass the decree?
170- What is the remedy for the plaintiff in such situation if the suit is dismissed under order 9
rule 8?
As per the order 9 rule 9 the plaintiff can apply for the set aside of such dismissal by
satisfying the court that there was a sufficient cause for his non-appearance. Following
are some of the examples of sufficient cause: A bona fide mistake regarding date of
hearing, part has no notice of hearing, summons was not duly served and illness
prevented the party from appearing.
The court may, with previous notice to the defendant, set aside the order of dismissal.
171- What is Alternative Dispute Resolution?
This concept of out of court settlement of disputes has been discussed in section 89-A
and order 10 rule 1A. Various methods such as mediation, conciliation and any other
such method which is lawful and not inconsistent with the provisions of the Code could
be used for resolving the dispute.
172- What is mediation and what provisions of cpc provide for mediation?
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The concept of mediation has been discussed u/s 89-A of cpc as a mode of alternative
dispute resolution.
Moreover, after amendment in CPC, order 9-B provides the complete procedure of
mediation. The court shall refer such matters for mediation which are not intricate to the
mediation centre set up by Lahore High Court. If an agreement is reached between the
parties, such agreement is filed before the court which shall pass decree on the basis of
this agreement?
173- Can documentary evidence which has not been produced at the first hearing as per
order 13 rule 1 be admitted at later stage?
As per order 13 rule 2, such documentary evidence could not be allowed to produce
unless good cause is shown to the satisfaction of the court for non-production at the first
hearing. If the court allows such production, it shall record reason for allowing so.
174- What documents are endorsed as exhibited?
As per order 13 rule 4, every document produced as evidence shall be exhibited and
following particulars shall be mentioned:
 The number and title of the suit.
 The name of the person producing the document.
 The date on which it was produced.
 A statement of its being so admitted.
175- A filed a suit and attached some of his property documents with it. Now he needs those
documents for use. What is the procedure to get back those admitted documents from
court?
Order 13 rule 9 has provided for the procedure to get documents back from the court. A
person is entitled to get back such documents in following cases:
 Where the suit is one from which appeal is not allowed, when the suit has been
disposed of.
 Where appeal is allowed and time for filing such appeal has been elapsed or such
appeal has been decided.
 Documents could be returned at any time earlier if the person applying for return
delivers a certified copy of such document to the proper officer as substitute and
undertakes to produce original if required so.
176- What are issues, when they arise and what are their kinds?
Relevant provisions are order 14.
Issues are those material propositions which are asserted by one party and denied by
the other party to the case. Issues arise when a material proposition of fact or law is
affirmed by one party and denied by the other party. Following are the types of Issues:
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 Issue of law: When the application or non-application of any law asserted or

denied by the parties adversely
 Issue of fact: When the existence or non- existence of any fact is alleged or
denied by the parties adversely.
177- What are material propositions?
Material propositions are those propositions of law or of fact which a plaintiff must
allege in order to show a right to sue and the defendant must allege in order to
constitute the defence.
178- What is the material on the basis of which issues are framed?
As per order 14 rule 3, following is the material on the basis of which issue are framed:
 Allegations made on oath by the parties/person representing them/pleader of
party.
 Allegations made in pleadings or in answer to interrogatories.
 The contents of documents presented by either party.
Generally, pleadings may be clarified by the parties by their statements under order 10
and thereafter additional material may be brought in the suit by Discoveries and
Inspections of documents under order 11 and their production under order 13. Further,
the parties may be required to admit or deny documents and facts. Eventually, on the
basis of all this material, the issues are framed.
179- What is the remedy for non-framing of issues or on wrong allocation of burden of proof?
A revision lies in both the cases.
180- Can the court amend and strike out the issues?
Yes, as per order 14 rule 5, the court may, before passing decree, at any stage amend or
make additional issues so that the point of actual controversy could be determined.
Further, it can also strike out any issue at any stage which appears to be wrongly framed.
181- What will a court do if the summons has been issued for final disposal under order 5 rule
8 and either party fails to produce evidence?
As per order 15 rule 4, the court may at once pronounce judgment or may after framing
and recording issues adjourn the suit for production of evidence.
182- When does court ask to submit the list of witnesses in the court; can a witness be
produced if not mentioned in such list?
As per order 16 rule 1, the court shall immediately after framing the issues require the
parties to file a list of witnesses in such period, not later than 7 days.
A party cannot be permitted to produce a witness not mentioned in the list without the
permission of court by showing proper cause for not mentioning such witness in such list
of witnesses.
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183- Is it necessary for a person to personally appear before court who has been asked to
produce a document?
As per order 16 rule 6, it is not necessary for such person to personally appear if he
causes such document to be produced.
184- What action you would take as a civil judge if a witness does not personally appear or
does not produce document after service of summons?
As per order 16 rule 10¸if the presence of such witness and the production of such
document is material and such person has without any lawful excuse failed to produce or
appear or has intentionally avoided the service of summons, I can issue proclamation
requiring him to appear or produce document. A copy of such proclamation should be
affixed on the outer door of the house of such person. Further, in lieu of such
proclamation I can also issue a warrant of arrest either bailable or non-bailable and can
also order the attachment of property of such person.
185- If despite all the steps mentioned-above, the witness does not appear what next step
you could take as a judge?
As per order 16 rule 12¸ I can take following steps:
 Impose fine not exceeding 2000 upon such person.
 Order the sale of property already attached.
186- Can you as judge summon a stranger or a person who has no connection with the suit as
a witness?
Yes Lordship. As per order 16 rule 14, a judge, where it thinks necessary to examine any
person other than a party, he can cause such person to appear and examined as witness
suo-moto.
187- If a party refuses to give evidence or produce document when it is required by the court,
what could a judge do?
As per order 16 rule 20, if any party to suit, present in court, refuses without any lawful
excuse, when ordered by a judge to give evidence or produce such document, a judge
can pronounce judgment or make such orders in relation to suit it thinks fit.
188- What is the rule regarding adjournment when hearing of evidence has started?
As per order 17 rule 1, in such case hearing of suit shall continue day to day until all the
witnesses in attendance are examined.
189- What will you do as judge if either party fails to produce evidence or to cause the
attendance of the witness?
As per order 17 rule 3, in such scenario, I can notwithstanding such default, proceed to
decide the suit forthwith.
190- Who has a right to begin when the suit is called for hearing?
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As per order 18 rule 1, the plaintiff has the right to begin unless the defendant admits
the facts alleged by the plaintiff and contends either on point of law or on some other
facts alleged; the plaintiff has no right to relief. In such case the defendant has a right to
begin.
191- How the evidence be recorded in appealable cases?
As per order 18 rule 5¸ in appealable cases, the evidence be recorded in the language of
the court and in the form of a narrative and shall be read over to the witness and
corrections be made.
192- What type of memorandum is made if the evidence is not himself recorded by the judge?
In such case the judge shall make a memorandum as the examination of each witness
proceed and deposes in his own hand or from his direction in open court.
193- Does the court make any remarks regarding the demeanour of the witness?
Yes. As per order 18 rule 12, the judge may record remarks as it think material about the
demeanour of the witness.
194- If a judge dies during the recording of evidence, can a succeeding judge proceed from
where the deceased judge left?
Yes. It is provided in the order 18 rule 15 that where a judge is prevented by death,
transfer or other cause from concluding the trial of a suit, his successor may deal with
any evidence or memorandum recorded by the predecessor in same manner as if such
evidence or memorandum has been recorded by him. He may proceed with the suit from
where the deceased judge left.
195- If A has to left for US on the day suit is filed, can his evidence be recorded immediately/ if
an advocate appears before you and ask you to record the evidence of a witness who has
to leave for UK in a suit which is just filed, what would you do as a judge?
Sir, order 18 rule 16, gives power to judge in such case to record the evidence of such
person immediately after the filing of a suit. Further, such judge can call at any stage to
examine such witness.
196- Can the court order the deponent to attend for cross-examination?
As per order 19 rule 2, when the evidence has been given on affidavit the court may ask
the deponent to attend the court for cross-examination.
197- What is the procedure after the completion of evidence?
As per order 20 rule 1, the court shall fix a date of not more 15 days for hearing of final
argument. After the amendment, it is added that the date shall be fixed for submission of
written argument and judgments.
When the case has been heard and written arguments have been submitted, the court
shall pronounce the judgment at once or fix a future day not exceeding 30 days for
pronouncing the judgment.
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198- Can a judge announce a judgment written by his predecessor?

As per order 20 rule 2, a judge can pronounce judgment written by his predecessor.
199- Can a judgment be altered after being signed by the judge under order 20 rule 3?
Generally, a judgment cannot be altered or added after pronouncement save as provided
under section 152 and Review.
200- What are the contents of a decree?
As per order 20 rule 6, following are the contents of a decree:
 A decree shall agree with a judgment.
 It shall contain number of the suit.
 The names and the description of the parties.
 Particulars of the claims.
 Specific relief granted.
 Amount of cost and by whom to be paid.
 It shall also contain the addresses of plaintiff and the defendant.
 It shall be dated and signed by the judge.
201- If a decree passed by the civil court in the suit for declaration is upheld up to High Court,
what is the appropriate forum for a person who considers himself aggrieved of such
decree to file an application /s 12(2)?(Rule Of Merger).
Application u/s 12(2) shall be filed at High Court. Because, it is final decree or order of
the last court in series which has to be considered and treated to be final
judgment/decree/order in terms of section 12(2) CPC for approaching the forum.
Further, as the judgement/decree/order of trial court stood merged into the appellate
court thus the final order/decree/judgment is of the appellate court for the purpose of
application u/s 12(2). (PLD 2016 SC 358)
202- Can a decree be executed on Oral application?

General rule is that a written application should be filed for execution. However, there is
an exception provided in order 21 rule 11, that where there is a decree for the payment
of money, the court may on the oral application of the decree-holder at the time of
passing of the decree order the immediate execution by the arrest of the judgment-
debtor prior to the preparation of the warrant.
203- What are the contents of an application for the execution of a decree?
As per order 21 rule 11, following are the contents of application for execution:
 The number of the suit.
 The name of the parties.
 The date of the decree.
 Whether an appeal has been preferred or not.
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 Whether any adjustment has been made between the parties subsequent to the
decree.
 Whether any previous applications have been made for execution.
 The amount with interest due on decree and any other relief granted.
 The amount of the costs.
 Name of the person against whom the execution is sought.
 The mode in which the assistance of the court is sought. (Sec 51)
204- What are the requirements to be fulfilled by the judgment-debtor for filling of an
objection to execution?
As per order 21 rule 23-A, a judgment debtor has to do the following:
 In case a decree for payment of money, he either has to deposit decretal amount
or furnish security.
 In case of any other decree, he has to furnish security.
205- How a decree for payment of money is executed?
As per order 21 rule 30, such decree could be executed in following manners:
 By detention of the judgment-debtor.
 By attachment of his property.
 By sale of his property.
206- How a decree for specific moveable property is executed?
As per order 21 rule 31, a decree for specific moveable property is executed as under:
 By seizure of and delivery of such property.
 By arrest and detention.
 By attachment.
 By sale.
207- How a decree of specific performance or for an injunction is executed?
As per order 21, rule 32, such decrees are executed as follows:
 By detention in prison.
 By attachment of property.
 By sale of property.(In case the property remained attached for 3 months and
decree is not satisfied)
208- How decree for possession joint immoveable property shall be executed?
As per order 21 rule 35, such decree is executed by the following ways:
 By affixing a copy of the warrant in some conspicuous place on property.
 By proclaiming by beat of the drum or by other customary modes.
209- How the attachment of agricultural produce is made?
As per order 21 rule 44, attachment of agriculture produce is made by affixing a copy of
warrant of attachment:
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 Where such produce is a growing crop, on the land on which such crop has grown
up.
 Where such crop or produce has been cut or gathered, on the threshing- floor or
place for treading out grain or the like or fodder-stack on or in which it is
deposited.
 And another copy on the outer door or on some other conspicuous part of the
house in which the judgment debtor resides.
210- Can a decree be attached for the enforcement of another decree?
Yes. Order 21 rule 53, provides that where the property to be attached is a decree either
for payment of money or sale thereof, the attachment shall be made as follows:
 If the decree to be attached was passed by the same court, by the order of such
court.
 If decree to be attached was passed by another court, by the issuance of notice to
such court.
211- How the attachment of immoveable property is made?
As per order 21 rule 54, attachment of the immoveable property is made by following:
 By order to the judgment-debtor, prohibiting him from transferring or charging
such property.
 By order all other persons, prohibiting them from taking any benefit from such
transfer.
212- Can a decree-holder bid for the property to be sold in execution?
As per order 21 rule 72, such decree-holder can bid in the sale of such property with the
permission of the court only.
213- Does any irregularity in publication and conduct of sale proceedings of moveable
property vitiate the sale?
Any irregularity in publication for sale and sale thereof does not vitiate the sale but the
order 21 rule 78 provides the remedy for the person injured to sue.
214- What shall a judge do if the execution is resisted by the judgment-debtor?
As per order 21 rule 98, in such situation a judge shall order:
 The applicant shall be put in possession.
 The judgment- debtor shall be detained for a term which may extend to 30 days.
215- Does a suit abate at the death of party suing?
As per order 22 rule 1, the suit does not abate, if the right to sue survives.
216- What procedure is adopted when the plaintiff dies and the right to sue does not survive
to the existing plaintiff?
As per order 22 rule 3, in such case on the receipt of the death of the plaintiff the court
shall cause the legal representative of such plaintiff to be made party. In case, there is no
35
Zeeshan Butt
legal representative, the court can proceed with the case and give judgment. Such
judgment shall have same effect as if the party were alive.
217- Whether the husband of a female is responsible for the decree passed against her?
No. As per order 22 rule 7, only the female herself is responsible for the execution of
such decree. However, if the husband is by law responsible for the debts and liabilities of
wife, the decree can be executed against him with the permission of court.
218- Can a plaintiff withdraw his suit?
Yes. As per order 23 rule 1, a plaintiff can withdraw against all or against one of the
defendants the whole suit or part of the claim with the permission of the court. The court
is to be satisfied and shall on following points:
 The suit must fail by reason of some formal defects.
 There are other sufficient grounds available for allowing the withdrawal.
219- Whether the parties can compromise a suit and whether a consent decree is appealable?
As per order 23 rule 3, where it is proved to the satisfaction of the court that the suit has
been adjusted or the defendant has been satisfied, the court shall record such
compromise. As per section 96(3), a consent decree is not appealable.
220- What is the concept of appearance under protest?
It means if a person is summoned by the court as a partner of a firm but actually he is not
the partner of the frim. He may appear before the court under protest denying that he is
partner to such firm.
221- What would you do if a minor files a suit without the next friend?
As per order 32 rule 2, the court may allow an opportunity to remedy the defect. If the
defect is not remedied, the plaint shall be taken off the file.
222- If a suit is instituted against a minor, what shall court do?
As per order 32 rule 3, where a suit is filed against a minor, the court shall appoint a
guardian for minor in such suit. The plaintiff is duty bound to file with his plaint a list of
close relatives of the minor and other persons who are prima facie are likely to be
capable for the appointment as guardian.
223- Can court remove a guardian who is already appointed by the competent authority?
As per order 32 rule 4+-*, the court can remove and appoint new guardian with giving
specific reasons for such an order.
224- Can a guardian or next friend of a minor enter into any agreement of compromise
without the permission of the court?
As per order32 rule 7, no such agreement could be entered without the permission of
the court. Further, if such agreement is made without such permission, it shall be void in
the eyes of law.
225- Who is a next friend?
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A next friend is a person who is appointed to file the suit on the behalf of the minor.
226- Who is a “Pauper”?
A pauper is a person who does not possess sufficient means to enable him to pay fee
prescribed by law for the plaint in a particular suit or where such person is not entitles to
property worth 25000 rupees except necessary wearing apparel.
227- If despite the foreclosure and sale of mortgaged property the whole amount is not paid,
what is the power of the court in such situation?
As per order 34 rule 6, in such situation, the court on the application of the plaintiff can
order for the payment of the remaining balance.
228- What is a Special Case?
Section 90 and order 36 provides for the special case. It is stated that whenever two or
more person or parties are interested in the decision of any question of fact or law, they
can enter into agreement for the determination of such question and could submit to the
court to decide the issue of fact or law.
229- When a defendant may be called to furnish security for his appearance?
As per order 38 rule 1, following are the cases when the defendant may be called to
furnish security:
 That the defendant with intent to delay the plaintiff or to avoid the process of
court or to obstruct or delay the execution of decree may be passed against him--
-
 Has absconded or left the local limits of the court.
 Is about to abscond o leave the local limits of the court.
 Has disposed of or removed from local limits of the jurisdiction of the
court his prope.
 That the defendant is about to leave Pakistan in such circumstance that there is
probability that he will never come back.
230- When the defendant may be called to furnish security for the production of property?
As per order 38 rule 5, following are the cases when the defendant may be required to
give security or his property may be attached:
 When he is about to dispose of the whole or any part of his property.
 When he is about to remove the whole or any part of his property from the local
limits of the court.
231- In what cases a Receiver may be appointed?
As per order 40 rule 1, the court can appoint receiver in any case where it finds it just
and convenient.
232- What are the duties of a receiver?
As per order 40 rule 3, following are the duties of a receiver appointed by the court:
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 To furnish security.
 To submit his accounts.
 To pay the amount due from him.
 Be responsible for the loss occasioned to the property.
233- What are the duties of a receiver the court could be enforced?
As per order 40 rule 4, the court may direct the attachment and sale of the property of
the receiver in case he fails:
 To submit his accounts.
 Fails to pay amount due from him.
 If occasions loss to the property due to his negligence.
234- What is the difference between Rendition of Accounts and Administrative Suit(Ehtmam e
Tarka)?
Administrative suit deals with the distribution and management of property of a
deceased among claimants after paying all loans, dues and interest which deceased took
in his life time.
Suit for Rendition of accounts deals with settlement of accounts between two parties i.e.
principal and agent. It determines what is due to and from a party.
An administrative suit is also called a suit for accounts. The thin line difference is that in a
suit for rendition of account, property of an alive person is subject matter whereas in an
administrative suit, property of a deceased is under question.
There is a substantial different between suit for rendition of account as well as
administrative suit as evident from Judgments shared above supra. Administrative suit is
primarily filed for administration of property of deceased in order to determine what
estate deceased left at the time of his death, payments of debts and liabilities. However,
it cannot be strictly confined to property of deceased only whereas a suit for rendition of
account is competent only when there exists a fiduciary relationship and not Contractual.
Where there is a contractual relationship, suit for rendition of accounts is not
maintainable.
235- What is difference between codicil and will?
A codicil is a supplement which explains or modifies a will. It may be an addition to a will.
Sometimes it is a supplement which revokes a will.
236- What is the difference between Revisioner and Remainder?
If a person's ownership of property remains during his life time and after his death, the
property is transferred to a third party. That third party is called a remainder man
whereas if A transfers property to B for life time use and after B's death, the property
goes back to A or A"s legal heir. That A is called reversioner.
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Zeeshan Butt
If A transfers his property to B with the condition that B will use property till his death
and After B's death, property will be tranferred to C. The C will be remainder man. While
in reversion property goes back to A after B death.
Remainder man may b any person as per agreement whereas thr reversion is the same
person or his legal heirs who intially transfrerred the property subject to some condition.
Illustration 01
A transferred his property to B subjects to the condition that aftet his death property will
be transfered to C or if C is dead, to his legal heirs. A died. Now if C alive, he is called
remainder man, if c is dead, his legal heirs are called remainder man.
Illustration 02
A transfered property to B subject to the condition that after death of B property will
returned. If B dies, A and if A is dead, his legal heirs are call reversion in possession. My
humble view.
39

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Zeeshan Butt

Civil Judge Cum Judicial Magistrate

Civil Law Questions

 Limitation for deciding such suit is six months.

 Evidence of the parties/hearing of the suit and examination of witnesses. Order

• The decision of the court with regard to each issue.

 An appeal under section 96.

52- What is difference between an act and an ordinance?

No, he cannot participate

57- What is the preamble of the civil procedure code, 1908?

59- What is meant by “Lis Pendens”/“Transaction Pendente lite?”

 Transfer by any party to suit.

It is adjudication: Adjudication means judicial determination of a matter in controversy.

61-How many classes of a Decree?

A suit is any civil proceeding which is instituted by the presentation of a plain.

63- Who is a legal representative?

 Sections 83, 84, 84-A

69- What are the suits of civil nature?

71- What is res judicata and what are its pre-requisite?

 An issue of law is an issue in which the application of law is contested. A question

92- How does a suit commence?

96- What is rule of departure?

100- Can a court which has no jurisdiction reject/dismiss/allow withdrawal of plaint?

In case of plaintiff, his suit is dismissed of want of prosecution.

114- Can photocopy of a document be exhibited?

 To examine or adjust accounts.

An exception to this rule, however, is if a doctor gives medical treatment to an

Another exception to this rule, in certain jurisdictions, is the existence of a quasi-

No. There is no need of re-attachment.

 An order under order 8 rule 10, pronouncing a judgment against a party.

 To secure the ends of justice.

 Issue of law: When the application or non-application of any law asserted or

198- Can a judge announce a judgment written by his predecessor?

202- Can a decree be executed on Oral application?

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