There is a Latin maxim i.e. ubi jus ibi remediam means there is no wrong without a remedy. There are two procedures available in common which provides remedies
Civil
Criminal
In Pakistan the general civil remedies are available in different statutes, however most of them have a common procedure for the redressal but some of the statutes provide their own special procedure however in majority if the statutes, the civil procedure code are applicable.
Here we are concerned with the procedure applicable on the civil suits normally in practice of the civil courts.
A person may file a suit in the civil court on the disputes regarding the office and property unless otherwise provided by the statute.
The suit must be in the form of a plaint which contains the necessary information such as the name of the court, the name, description and place of residence of the parties as they can be ascertained, any special case like minor or unsound mind must be disclosed in a form of statement, the facts that constitutes the cause of action and the time when it arose, the jurisdiction of the court, the court fee payable and paid, the claim etc.
Along with the plaint the copy of all documents in possession of the claimant or otherwise a list of documents which are not in possession of the claimant must be attached. Similarly a list of witnesses, the claimant intends to produce in support of his claim must be attached with the plaint.
The court fee is payable @ 7,5% of the claim valued for the purpose of court fee and jurisdiction, however the suits valued up to Rs. 25,000/- are exempted from the payment of court fee similarly the maximum court fee is Rs. 15,000/- mo matter what so ever the value of the suit will be. (the rates of court fee are for the province of Punjab only.
The suits are always filed with the clerk of court normally called as COC. The COC after preliminary scrutiny put up the suit file to the Senior Civil Judge, who is responsible for the distribution of judicial work among the judicial officers however in remote areas the available officer in the area is carrying out his work.
The civil judge on receipt of the suit file may proceed in the matter if thinks fit and considering the suit maintainable otherwise dismiss the suit at this very preliminary stage. If the suit is dismissed then the claimant may file an appeal against the said order of dismissal. If the civil judge issued notice to the respondent/defendant he may adopt the modes like issuing summons, notice through registered letter, through courier service or through proclamation in the newspaper and will fixed a date for appearance.
If on the date so fixed the defendant/other party appear before the court, will present his written statement i.e. the reply of the claim filed by the claimant in form of plaint, and if even due knowledge of the affixation of the case, the defendant fails to appear, the court shall proceed in the absence of the defendant and will decide the matter on merits keeping in view the evidence laid by the plaintiff in support of his claim and shall pronounce the judgment and decree.
When the defendant filed his written statement, the court will sort out the admitted and the denied facts. In case of admission by the defendant, the court shall pronounce the judgment accordingly, however in case of denial by the defendant; the court shall frame the issues, which will decide the matter. The issues are the question the answer of which in the light of evidence produced by the parties will resolve the controversy in issue and will direct the parties to lead their evidence.
Firstly the complainant will lead his evidence in support of his claim and afterward the defendant will be given an opportunity to lead his evidence in rebuttal.
After completion of evidence, the court will grant an opportunity of detail arguments and shall decide all the interim relief sought and all the application made by either party before pronouncement of judgment and decree in the matter in issue.
Either of the parties aggrieved from the said judgment and decree of the civil court may file an appeal before the appellate court against the said judgment and decree which will decide the matter on merits after hearing both the parties again.
In exceptional cases there is a chance of second appeal but in routine cases there is no second appeal and the remedy is the filing of revision in order to consider the questions of law or on the basis of material irregularity or illegality committed by the court.
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when ever the court passes a decree the same shall be executed by the same court upon filing of execution application by the decree holder and the court shall execute the decree in its letter and spirit, however the execution shall remain suspended in presence of specific order by the appellate or revisional court.
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