04/02/2022
"Stages of Civil Trial in Pakistan"
In Pakistan , a civil trial governed by CPC goes through following stages :
1) Plaintiff has to file the plaint complying the provisions in every manner as contemplated under order 4 read with order 6 and 7 of CPC.
2) Plaintiff has to issue summons within 30 days from the institution of suit
3) After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per order 8 rule 1 of CPC.
4) No further time exceeding 90 days after the date of service of summons be extended for filing written statement as per proviso to order 8 rule 1 of CPC.
5) Within 10 days from the filing of written statement court has to examine the parties as so as to explore the possibilities of compromise in between the parties and to refer the mater of settlement under section 89 of CPC.
6) If parties fail to compromise the matter then court has to keep the matter for discovery and inspection within the time span prescribed in order 11 of CPC.
7) Then to adjourned the matter for admission within the time span of 15 days as per order 12 of CPC.
8)Then parties have to file the original documents prior to framing of issues within the time span of 7 days, as per order 13 of CPC.
9) Court has to frame the issues within 15 days as per order 14 of CPC.
10) parties have to file the list of witnesses within 15 days from the date of framing of issues as per order 16 of CPC.
11) Plaintiff has to issue summons to the witnesses wither for adducing evidence or for production of documents within 5 days of filing of list as per order 16 rule 1 (4) of CPC.
12) parties have to settle the date of evidence as per order 16 of CPC.
13) Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per order 18 rule 4 read with order 17 of CPC.
14) Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso of order 18 rule 4 (1) of CPC.
15) Cross Examination of the plaintiff and his witnesses on day to until all the witnesses in attendance have been examined as per order 18 rule 4 (2) read with order 17 rule 2 (a) of CPC.
16) Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per order 16 rule 1 (4) of CPC.
17) Defendant has to file the affidavits of all his witnesses within 3 adjournments as per order 18 rule 4 read with order 17 of CPC.
18) Court has to exhibit the documents considering their proofs and admissibility with a reasoned order as per proviso to order 18 rule 4 (1) of CPC.
19) Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per order 18 rule 4 (2) read with order 17 rule 2 (a) pf CPC.
20) Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per order 18 rule 2 (3A) of CPC.
21) Court has to deliver judgment forthwith or on or before 30 and not exceeding 60 days from the date of conclusion of the arguments as per order 20 rule 1 of CPC.
