26/02/2026
"The foundation of litigation lies in the Lower Courts" .
I've been representing the Sindh Building Control Authority for over two months, appearing in the High Court for transferred civil suits. I've observed that when interim injunctions are granted to parties or plaintiffs, they often lose interest in pursuing the case. As counsel for a government functionary, I note that delays in filing reports, written statements, or comments are sometimes due to office-related issues, not the lawyer's fault.
The point I'd like to discuss is that the rate of frivolous litigation seems lower when jurisdiction shifts from the High Court to District Courts. In the High Court, 20-50 cases are filed daily against SBCA, involving government functionaries and private defendants.
It's established law that courts examine the plaint at an early stage. Upon admission of a suit, the court checks if a cause of action has accrued and other civil suit ingredients. However, I've noticed some courts aren't following apex court principles, admitting suits and granting injunctions without proper examination or hearing merits. Often, it's only on the next hearing date that the court realizes the suit isn't maintainable. This is the situation of the lower judiciary.