-------------------------------------------------------------------------------------------------That on 13th September, 2012 Mr.

Justice (R) Moazzam Hayat (Member Federal

Service Tribunal Islamabad), gave lecture to about 150 lawyers in the
Auditorium of PJA on the topic of CODE OF CIVIL PROCEDURE 1908.
--------------------------------------------------------------------------------------------------

CODE OF CIVIL PROCEDURE 1908

It comprises of main Act and the Rules framed under Section 121
CPC.
The main Act comprises of 11 Parts
Rules are framed under Part 10
Under Section 121 Rules shall have effect as if enacted in the
body of Code
Section 122 empowers the High Courts to frame Rules by
cancelling, altering or annulling any Rule framed under
Section 121 but the amendments have to be consistent with
the body of the Act
PRELIMINARY
PART-I: Suits in General
Execution
Individual proceedings like appointment of Commissions,
issuance of letter of requests
Suits in particular cases; against Government, by the
Government, rights of aliens to sue; and special provisions.
Section 89-A Alternate dispute resolution
Even parties can approach a Court for merely taking its
advice/opinion as to a particular case S.90
Public Nuisance (S.91)-2 or more persons may sue for
removal of public nuisance after taking consent of Advocate
General and

 Powers of litigation by Collector/Government

PART 6: Supplement Provisions

PART 7: Appeals from Orders and Decrees
Section 96 First Appeal
Section 100 Second Appeal
Section 104 Appeal against Orders
POWERS OF APPELLATE COURT
PART 8: REVIEW/REVISION

PART 9: PROVISIONS RELATING TO HIGH COURTS

PART 10:
PART 11:

Rules
Miscellaneous

Section 144 Restoration of property

Section 148 - Extension of time
Section 151 - Inherent Jurisdiction
Section 152 - Correction of clerical mistakes and errors
patent on record.
Section 49 - The Court under obligation to get proper
Court Fee on any document, can extent time
RELEVANT LAWS

Court Fees Act, 1870

Suits Valuation Act, 1887
Specific Relief Act, 1877
Civil Courts Ordinance, 1962 and
Civil Courts Ordinance, 1981
Contract Act

 Stamp Act; and

Limitation Act

SMALL CAUSE COURTS

Under Section 7 of 1887 Act read with Civil Courts
Ordinance4, 1962
Section 9 Civil Suits
MEANING OF CIVIL SUIT
Dictionary meanings of suit are the external attire but the
members of the legal profession use the term law suits, meaning that
grievances or a complaint or pentition is made of a dispute before a
Court of law for determination.

SUBSTANTIAL SUITS:

When rights guaranteed by the Constitution are infringed.

Even Constitutional matters can be brought before the Court.
Order 27-A says that in a suit against Provincial Government
the Civil Court can decide that question after issuing a notice
to the Advocate General.
Against Federal Government after notice to the Attorney
General.
SECTION 89-A: A.D.R:
Much emphasis on this provision although Rules not
framed as yet for its implementation.

4
Public Nuisance:

Representative Suits

When there are enormous defendants one defendant can be

selected to represent others : Order 1 Rule VIII
IMPORTANT PROVISIONS IN THE MAIN ACT
Section 10 Stay of Suit. On the same subject matter to be
consolidated. Or the subsequent suit in another district or in
another court may be stayed. The High Court may transfer all
the cases between different parties on the same subject matter in
one court.
Section 11 Res-judicata-Constructive Res-judicata. Issues once
decided shall not be agitated between the same parties and their
successors.
Ground that could be taken in the earlier suits but not taken
shall not be agitated in subsequent suits on the principle of
constructive Res-judicata. However if the parties are different,
the finding on a particular issue could be cited as evidence.
Section 24 Transfer of Appeals
Section 47 Adjudication of Questions raised before the
executing Court
Sections 100 to 106 Appeals
Section 148 Extension of time fixed by Court. Application to
be made in the court before the expiry of period fixed by it.
Section 149 Duty of the Court to get recover the Court Fee
payable on a document.
Section 152 Correction of clerical/typographical errors.
DEFINITIONS SECTION 2
Decree
Formal expression of an adjudication, by which rights of parties
are conclusively determined. It includes rejection of plaint under Order
7 Rule 11 CPC.

Section 2 sub Section (9).

JUDGMENT
Statement given by a judge of the grounds of a Decree.
Mense Profit
Profits which the party in wrongful possession receives, with
interest.
SUITS
Dictionary means, the external attire/dress.
The legal fraternity has to use term law suit which means
that a petition, a claim, or a dispute brought in a law court for
adjudication.

PECUNIARY JURISDICTION
The Civil Judges have been categorized as Judges having
First Class powers, Second Class powers, Third Class powers.
There are Admin/Senior Civil Judges in each district.
Admin Civil Judge is technically a Senior Civil Judge but
with less than 10 years of service. Whereas the Senior Civil
Judge has to have at least 10 years of service. He can be an
appellate court of Third and Fourth Class Civil Judges.
The pecuniary jurisdiction of the Civil Judges is fixed under
Section 9 of Civil Courts Ordinance, 1962.
For the sake of administration the institution is made before
the Senior Civil Judge who then without taking cognizance

entrusts the cases to other Courts according to their

jurisdiction.

But once the Senior Civil Judge takes cognizance he cannot

send the case to any other Civil Judge because it shall
tantamount to transfer of the case which power is vested in
the District Judge under Section 24. In some cases this power
can be given to the Senior Civil Judge also.
Presently the power is exercised only by the District Judge
who can transfer the appeal or the pending Civil Suit even to
an Additional District Judge on his original side.
PLAINT
A suit is instituted on presentation of a plaint.
In plaint all necessary facts have to be mentioned constituting
a cause of action.
The grievances arising out in favour of the plaintiff are to be
mentioned.
The date of cause of action has to be mentioned for
determination of limitation as well as jurisdiction of the
Court.
The plaint is to contain averment as to the jurisdiction of the
Court, also for the purposes of Court Fee and valuation under
the Court Fees Act, 1870 and Suits Valuation Act, 1887.
A plaint can be rejected under Order 7 Rule 11 CPC when it
is barred by a law, is time barred, is without jurisdiction or
does not disclose any cause of action.

 It shall be the duty of the Court to ensure that the proper

Court Fee has been paid on the plaint or any other document.
Otherwise it shall pass an order Section 149 CPC for making
up the deficiency.
A dispute had arisen as to whether the suit shall be treated in
time when presented without proper Court Fee or shall be
treated to be properly presented on the date when the proper
Court Fee is paid. This objection had been valid in preEmption cases especially. It was held that the proper
presentation was on the date proper Court Fee was paid.
Return of Plaint for want of territorial jurisdiction under
Order 7 Rule 10 CPC with endorsement as to:- 1) Date of
Presentation of Plaint. 2) Date of Return. 3) Short grounds. 4)
Signature and Seal of the Court. 5) A copy of the Plaint shall
be obtained from the plaintiff and placed on record.
SUMMONS
The defendant or defendants shall be issued summons through
various processes along with copies of plaints and documents.

WRITTEN STATEMENT
Order VIII
Written Statement may be filed by the Defendant either
admitting the claim or denying it.

 The defendant or defendants may claim set off in money

suits. In such event the written statement shall be treated as

plaint. Proper court fee shall have to be paid on it.
It is only in such cases that replication is required.
There is no provision for replication in the entire CPC. It is
only a judge made law. Replication is needed when new facts
are mentioned in the written statement or the defendant
claims limitation, jurisdiction etc. (Order 8 Rule-9)
The defense can be struck off under Order VIII Rule -10.
ORDER 1
Parties to the suit
Rules 8 10 Important; necessary & proper parties. Deletion and
addition of parties either on application or by the Court itself.
ORDER 2 :

FRAME OF SUIT

Rule 2 Sub Rule (2) is very important all reliefs based on one
cause of action have to be made in one suit. Any relief not
claimed shall tantamount to its relinquishment.
When the Court gives only one relief and makes no mention
about other reliefs claimed in the plaint, it shall mean that
such reliefs/claims have not been granted.
The remedy shall be only by filing appeal.
ORDER IX: APPEARANCE AND NON APPEARANCE OF
PARTIES

 Relevant provisions are Rule 2, Rule 6, Rule 7, Rule 8, Rule 9

and Rule 13.

Rule 2. Suit may be dismissed for want of payment of process
fee.
Rule 3. When both the parties are not present.
Rule 4. Suit may be restored on application.
Rule 6. Ex party proceedings.
Rule 7. Setting aside ex party proceedings.
Rule 8. Dismiss in default due to absence of plaintiff.
Rule 9. Restoration of suit.

An application has to be made for setting aside ex party decree

within 30 days from the date of decree or from the date of
knowledge.

ORDER X:

EXAMINATION OF PARTIES

The pleadings are often very lengthy. The Civil Courts have
inherent jurisdiction to examine the parties or even their Counsel
Such examination makes the matter very simple in many cases and
can be decided easily.
Called better statement.
ORDER XI:

Discovery and Inspection

Issuance of interrogatories.
ORDER XII: ADMISSIONS

 A party to the suit may issue a notice to the opposite side to

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admit facts.
ORDER XIII:
Production, impounding and return of documents Stamp
Act/Executant to pay the deficiency with penalty or the party
producing it but ultimately it is the responsibility of the Executant.
ORDER XIV:
The Judge shall peruse the pleadings and shall determine the
points at which the parties are at variance. These points are called
Issues.
In Punjab it is the responsibility of the Court to frame Issues.
Issues can be added or deleted under Rule 5.
ORDER XV:
Disposal on first hearing
When the suit is conceded or it is established that the Court did not
have jurisdiction or the suit was time barred.
ORDER XVI:
Summoning of witnesses different processes.
ORDER XVII: Adjournments
Rules 2&3 are very important.
The suit cannot be decreed automatically under Order 17 Rule 3
CPC when the party seeking adjournment fails to perform the act
for which it had taken adjournment.
The Court has still to record reasons.
ORDER XVIII:

Hearing and Examination of Witnesses

ORDER XIX: Affidavits

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A fact may be proved by submission of an affidavit but the

deponent shall have to be summoned for cross examination if the
veracity of his statement is questioned. He shall be cross-examined.
ORDER XX: Judgments and Decrees
ORDER XXI: Execution
Many clauses
Different modes of execution
Rule 101 bona fide claimant to be restored the possession.
Rule 102 Rules not applicable to transfer on the principle of lis
pendence.
Rule 103 certain orders conclusive and suit barred.
ORDER XXII:

Death, Marriage and Insolvency.

No suit or appeal shall abate on the death of a party if the right to

sue or right to defend survives.
Suit not abated by the marriage of female. For example a widow
has 1/8th or 1/4th share as the case may be in the estate of her
deceased husband. Her second marriage shall not disentitle her
from that claim.
ORDER XXIII:

Withdrawal of the Suits and Consent Decrees.

ORDER XXIV:

Payment in Court

ORDER XXV:

Security for Cash

ORDER XXVI:

Commissions. Statements of Commissions have to

be recorded. As court witnesses subject to cross examination by both

the parties.

ORDER XXVII:

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Suits against or by the Government.

ORDER XXVIIA: All constitutional matters can be resolved by the

Civil Courts after notices to the Advocate General or to the
Attorney General as the case may be.
ORDER XXVIII: Military, Navy and Air Force men can bring suits
or defend them through Attorney if leave cannot be granted
to them
ORDER XXIX:

Suit by or against Corporations. In Corporate name

through the officer designated in the rules.

ORDER XXX:

Suit by or against Firms. Registered or un

registered. Registered in their registered name.

ORDER XXXI:

Suit

by

or

against

Trustees,

Executors

or

Administrators
ORDER XXXII:

Suit by or against minors or persons of unsound

mind
Very important
The court must satisfy itself as to the averment made with regard
to a party being minor or of unsound mind. It shall then ensure
that such party is properly represented/defended by next friend
who some times may even be an official of the Court. The expenses
of that official are to be bourne by the plaintiff.
ORDER XXXIII: Proper Suits.
ORDER XXXIV: Mortgages.
Preliminary Decree.
Final Decree.

ORDER XXXV:

INTER-PLEADER

13

Inter-pleader means that a person is keeping something with him

but he is not sure as to whom that thing belongs a or b, he shall,
therefore file suit against both a & b.
This suit is filed by the person against different persons claiming
their rights over that property.
ORDER XXXVI: Special Cases for Courts opinion.
ORDER XXXVII: Suits on negotiable instruments
Summary Procedure
Small Cause Courts
Provincial Government may set up Small Cause Courts.
Presently one Court exists at Lahore but the District and Sessions
Judges in other Districts have been given powers under Section 37.
Small Cause Courts are to be set up under Section 7 of 1887 Act
read with Civil Courts Ordinance, 1962.
ORDER XXXVIII: Arrests and Adjudication before Decree.
Even Security can be obtained.
ORDER XXXIX:
Most important
Discretionary relief
Discretion to be judicial
Should not be given without notice to the opposite side except in
cases of demolition and forcible eviction.
Disobedience Rule 2 (3 CPC) requires evidence.
ORDER 40:

Appointment of Receivers.

ORDER 41:

Appeals from Original Decree

ORDER 42:

Appeals from appellate Decree

ORDER 43:

Appeals from Orders

ORDER 44:

Proper appeals

ORDER 45:

Appeals in the Supreme Court

ORDER 46:

Reference

ORDER 47:

Review

ORDER 48:

Miscellaneous

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Process, how to be served and how to bear the expenses.

ORDER 49:

High Courts

ORDER 50:

Provincial Small Cause Courts

ORDER 51:

Omitted

Thus in all, there are total 158 Sections in the main Act whereas
Sections 154 and 155 are omitted. The total Orders are 50 since
Order 51 has been omitted.
SCHEDULES
First Schedule
Pleadings/process/Decrees/Execution etc
Schedules 2&5 repealed
Schedule 3 is of Execution of Decrees by the Collectors possession
through Kalbarani actual possession notional possession, when
tenants are in possession.
Schedule 4 is about amendment in the Court Fee Act of 1870 in
which mention is made about counter claim and agreement to get
opinion of the Court.

SUITS UNDER THE SPECIFIC RELIEF ACT

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Discretionary
Declaration with injunction, prohibitory as well as mandatory
Any action can be challenged in the Civil Court of any authority.
Even the order of the Supreme Court can be challenged on the
grounds of fraud and misrepresentation.
CONTRACT ACT
Void and Voidable Contracts.
Void contracts are those which are declared unlawful/immoral.
Voidable contracts are those contracts which can be declared void
at the instance of the parties.

The lawyers must be well conversant with the CPC, Specific Relief Act,
Civil Courts Ordinances 1962 and 1982, Suit Valuation Act, Arbitration
Act, Special Authorities Act, Contract Act, Limitation Act and all other
laws creating rights and liabilities.

A Suit on different causes of action may be filed when the defendant or

defendants are the same but each set of claim shall have to be
independently proved or disproved.

Very Important

16

Preliminary Decree Suit for administration of property, for

rendition of accounts, dissolution of partnerships, redemption of

mortgages.
Local commissions to be appointed to suggest partition among co
sharers, accountants may be appointed in suit for rendition of
accounts etc.
When the defendants are many and it is not possible to serve them
all, the court may order one of the important defendants to be
designated as representative of other defendants. The defendants
may be served by beat of drum or/and publication of notices in
newspapers.