WASEEM LAW ASSOCIATES:
LEARNING IN CIVIL LAW
1. What is pleading
To plead means to address the Court on behalf of either the plaintiff or the defendant Pleading therefore would mean statement-making acquisition of allegation and replies thereto made in a legal action. Pleadings are statements in writing drawn up and filed b y each party to a case, stating what his contention will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer Every pleading shall contain, and contain only, a statement in a concise form of the material facts, on which the party pleading relies for his claim or defense, as the case may be, but not the evidence by which they are to be proved. Written or printed statements delivered alternately by the parties to one another, until the question of fact and law to be decided in an action have been ascertained. i.e., until issue is joined.
Law regarding pleading:
Following orders of civil procedure code 1908 deal with pleading.
Order 6 deals with pleading generally
Order 7 deals with the plaint
Order 8 deals with the written statement
How to draft a plaint
Following points must be kept in consideration while drafting pleadings, i.e.. plant or written statement. Hear and note down all material. Apply relevant law. Draft self. Dis cuss with client. Be serious, clam, cool, and responsible.
Contents of the plaint:
Following are the contents of the plaint, which complete it according to Order 7.
Rule
a) Name of the Court.
b) Name and full address of plaintiff
c) Name and full address of defendant
d)Material facts which constitute cause of action for the case. These are taken from story which client provides. Plaint is started as. It includes the following details
1. Date of execution of deed
2. Property details.
3. Name of owner of property
2, How case can be filed?
In civil side, first of all plaint is written. Secondly, all relevant documents ure affixed with plaint, Finally, it is filed in marking room, suit is marked for proceeding
How to draft power of attorney
Power of Attorney is a legal instrument/document by which another person is authorized by the maker to act on his behalf.
*General Power of Attorney
In General Power of Attorney power is given to the attorney to do more than one act
*Special power of Attorney
In Special Power of Attorney power is given to do only one act
Following points must be considered while drafting power of attorney
>Description of Deed
>Date of execution
>Description of parties
>Recitals
>Testatum
>Testimonium
3. Civil Courts hierarchy
Section 3 of Punjab civil courts ordinance 1962, deals with classes of civil courts
Classes of Courts: Besides 12 a court established under the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002)], and the Courts established under any other enactment for the time being in force, there shall be the following
Classes of Civil Courts, namely:-
>the Court of the Additional District and session Judge: and
>the Court of the Civil Judge
>the Court of the District and session Judge,
4. Jurisdiction of civil courts
>Territorial jurisdiction
>Pecuniary jurisdiction
>Subject matter jurisdiction
>Personal jurisdiction
5, Others miscellaneous
>What is "Wakalat Nama"?
This is power of attorney which is given by client in favor of advocate to plead hi s case in the court on his behalf
>What is Ticket?
Ticket is court fee which is pasted on the Wakalt Nama. It is just revenue source fo r meeting court expenditures.
>What is affidavit?
A written statement confirmed by oath or affirmation, for use as evidence
>How copy of judgment is gotten?
For getting copy of judgment, Nakal form is filled, and it is filed in copy branch. In this way copy can be got.
>What is marking room?
Whenever suit is filed, it is submitted in marking room, where suit is marked.
>What is "Nakal Form"?
A form which is used for getting copy of order. Judgment etc.
>What is decree?
According to section 2(2) of civil procedure code 1908
"Decree" means the formal expression of an adjudication which, so far as regards t he court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final
>What is order?
According to section 2(14) of civil procedure code 1908
"Order" means the formal expression of any decision of a civil Court which is not a decree:
>What is interlocutory order?
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgm ent, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue.
>What is foreign judgment?
According to section 2(6) of civil procedure code 1908 Foreign judgment" means the judgment of a foreign Court
>What is judgment?
According to section 2(9) of civil procedure code 1908
Judgment" means the statement given by the Judge of the grounds of a decree or or der:
>What is cause of action?
A fact or facts that enable a person to bring an action against another.
>What is decree-holder?
According to section 2(3) of civil procedure code 1908
"Decree-holder" means any person in whose favor a decree has been passed or an o rder capable of execution has been made.
>What is judgment-debtor?
According to section 2(10) of civil procedure code 1908
Judgment-debtor" means any person against whom a decree has been passed or an order capable of execution has been made
>What is means profit?
According to section 2(12) of civil procedure code 1908
"Mesne profits" of property means those profits which the person in wrongful profession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvements made by the person in wrongful possession
>What is Res-judicata?
According to section 11 of civil procedure code 1908
No Court shall try suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the
same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court
>What is Res-sub-judice?
According to section 10 of civil procedure code 1908
No Court shall proceed With the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under t he same title where such suit is pending in the same or any other Court in 1[Pakistan] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1 [Pakistan] established or continued by 2[the Central Government 3***] and having like jurisdiction, or before 4[the Supreme Court],
>What are inherent powers of civil court?
According to section 151 of civil procedure code 1908
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
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