MAJOR CAUSES OF DELAY IN CIVIL JUSTICE

BY

Mehtab Arshad

Roll No.44793

DEPARTMENT OF LAW
HAZARA UNIVERSITY, MANSEHRA
2021
MAJOR CAUSES OF DELAY IN CIVIL JUSTICE

This thesis is submitted to the Hazara University, Mansehra in partial

fulfillment of the requirement for the degree of LLB (Hons)

BY

Mehtab Arshad

Supervisor

Madam, Kokab Saeed

Assistant Professor

DEPARTMENT OF LAW
HAZARA UNIVERSITY, MANSEHRA
2021

ii
 APPROVAL SHEET

Internal Supervisor:

Name:

Signature:

Designation:

External Examiner:

Name:

Signature:

Chairman:

Signature:

iii
 DEDICATED

THIS THESIS IS DEDICATED TO MY PARENTS AND

FRIENDS

iv
 Acknowledgement

The words are the bound and knowledge is limited to praise Allah, The most

Beneficent, The most Merciful, Gracious and the Compassionate. I would like to

express my gratitude to my primary supervisor Madam Kokab Saeed, who is an

Assistant Professor in the Department of Law, Hazara University Mansehra, Pakistan.

And I would also like to show my deep appreciation to my primary supervisor who

helped me finalize my thesis. Finally, I thank to all of those who have helped me

directly or indirectly in the successful completion of my thesis on the topic of the

Major Causes of Delay in Civil Justice.

v
 Abstract
My thesis signifies several reasons which cause delay in civil justice. The basic

principle of justice is that it should be delivered without any delay. Unfortunately in

Pakistan long period of time is consume to disposition of civil justice due to

exploitation of different loopholes in the system by the lawyers to protract a case to

indefinite period. Cases are delayed due to false and frivolous litigation by lawyers,

lawyers seek adjournments from court, lawyer cannot come to court with proper

preparation of their case, lawyers exploits the technicalities in the legal procedure,

manage their caseload, frivolous applications for amendment of pleading and others. I

have discussed some judicial and procedural causes which cause delay in civil justice

system. Judges and lawyers shows misconduct related their profession and also

ministerial staff and process servers cannot perform their work properly which cause

delay for final disposition of civil justice system and less educate of low grade staff of

judicial system cannot perform their work properly due to lack of education cause

delay in civil justice.

vi
 TABLE OF CONTENTS
CHAPTER I ................................................................................................................. 1
INTRODUCTION ....................................................................................................... 1
1.2 Definitions of Civil Law ...................................................................................... 2
Civil Law ................................................................................................................ 2
1.3 Historical Development of Civil Law .................................................................. 3
CHAPTER -2................................................................................................................ 4
CAUSES OF DELAY IN THIS CASE ...................................................................... 4
2.1 Case Study ............................................................................................................ 4
CHAPTER - 3............................................................................................................... 5
CAUSES OF DELAYED JUSTICE ........................................................................... 5
3.1 Judicial Causes of Delay ...................................................................................... 5
3.1.1 Inefficient Judiciary ....................................................................................... 5
3.1.2 Training And Education Of Judges And Lawyers ........................................ 5
3.1.3 Corruption of the Judiciary ............................................................................ 6
3.1.4 Judges Are Not Punctual ............................................................................... 6
3.1.5 Transfer Of The Judge Or The Transfer Of The Case................................... 6
3.1.6 Judges Grant Unnecessary Adjournments ..................................................... 7
3.1.7 Lack Of Ex-Parte Decisions Against Not Interested Parties ......................... 7
3.1.8 Judges Do Not Take Strict Action against The Careless Attitude Of The
Process Servers ....................................................................................................... 8
3.1.9 Judges Do Not Require The Commissioners To Submit Their Reports In
Time ........................................................................................................................ 9
3.1.10 Pronouncing Timely Judgments .................................................................. 9
3.2 Procedural Causes of Delay ............................................................................... 10
3.2.1 Steps in Civil Procedure .............................................................................. 10
3.2.2 Case Management ....................................................................................... 11
3.2.3 Complexity of procedure ............................................................................. 12
3.2.4 Miscellaneous Applications And Orders ..................................................... 12
3.2.5 Amendments in Pleadings ........................................................................... 13
3.2.6 Procedure about Evidence ........................................................................... 13
3.2.7 Granting Un-Necessary Adjournments ....................................................... 14
3.2.8 Deficient Strength Of Ministerial Staff And Process Servers In The Courts
.............................................................................................................................. 14

vii
 3.2.9 Lawyers’ Contributions In The Problem Of Delay In Justice ..................... 14
3.3.10 Lawyers Always Keep On Strikes From The Courts ................................ 15
3.2.11 Busy Schedule Of Lawyers ....................................................................... 15
3.2.12 Lawyers Resorting To Technicalities Of Procedure ................................. 15
3.2.13 Lawyers Coming To Courts Without Preparation ..................................... 15
3.2.14 Taking Unnecessary Adjournments From The Court ............................... 16
CHAPTER -4.............................................................................................................. 17
RELEVANT LAWS .................................................................................................. 17
CHAPTER -5.............................................................................................................. 18
DISCUSSION ............................................................................................................. 18
Conclusion................................................................................................................ 19
Recommendations .................................................................................................... 20
References ................................................................................................................... 22

viii
 CHAPTER I
INTRODUCTION
In countries with good civil law systems, their judicial system have very broad and
updated legal codes which are capable to present in a court room and to apply on
appropriate punishment for each offence. These codes differentiate between
categories of law, substantive law establishes which acts are to civil or criminal
prosecutions, procedural law establishes how to determine whether a particular action
constitute a criminal act, and penal law establishes the appropriate penalty. The role
of judges in civil law system is to establish the facts of the case and apply the
provisions of the applicable code. Though the judge often brings the formal charges,
decides the case, investigate the matter that he or she works within the framework
establish by a comprehensive, codified set of laws. The decision of judges is
consequently less crucial in shaping civil law than the decision of legislators and legal
scholars who draft and interpret the codes. Civil law is the body of that rules which
describe the private rights and remedies, and govern disputes between individuals in
such area as contract, property, and family laws and it is different from the criminal
and public laws. Civil law is the rule of action which is adopted by mankind in a state
of society. It shows all the municipal laws of the land. Civil law is a body of rules that
defines and protects the private rights of citizens, offers legal remedies that may be
sought in a dispute, and covers areas of law such as contracts, torts, property
and family law. Civil law is derived from the laws of ancient Rome which used
doctrines to develop a code that determined how legal issues would be decided. The
system of civil law is also called Continental or Rome-Germanic system and found in
all continents of the world. Civil law is based on concepts, categories, and rules
derived from Roman Laws, and with some influence of canon law, sometimes civil
laws are largely supplemented or modified by local customs or culture. Tradition of
civil law though secularized over the centuries and placing more focus on freedom of
individuals, promotes cooperation between human beings. In technical and narrow
sense, the word civil law describes the law that pertain to persons, things, and
relationship that develop among them, excluding not only criminal law but also
commercial law and labor law etc.
Civil law is a part of law that encompasses business, contracts, estate, domestic
relations, negligence and everything related to legal issues, statutes, law suits, that is
not criminal law. In few areas civil and criminal laws may overlap.]4_5[Civil law is
1
the part of country set law which is concerned with the private affairs of citizens, for
example marriage, property and ownership rather than the crime. Rules and
regulations makes from the government or departments of the government for the
welfare of the society to run the society in smooth, well mannered, and suitable way is
known as law. Civil law is that consist of certain codes, sections or articles in written
form made from government and follow by the society (Connor,2012).
1.2 Definitions of Civil Law
Civil Law
“A Body of rules that delineate private right and remedies, and govern disputes
between individuals in such areas as contract, property, and family laws; distinct from
criminal or public law.”
What the civil law is:
 A comprehensive system of rules and principles usually arranged in codes and
easily accessible to citizens and jurists.
 A well organized system that favors cooperation, order, and predictability,
based on a logical and dynamic taxonomy developed from Roman law and
reflected in the structure of the codes.
 An adaptable system, with civil codes avoiding excessive detail and
containing general clauses that permit adaptation to change.
 WA primarily legislative system, yet leaving room for the judiciary to adjust
rules to social change and new needs, by way of interpretation and creative
jurisprudence (Black, 1881).
Civil law is a body of law and legal concepts which come down from old Roman laws
established by emperor Justinian, which differs from English Common Law which is
the framework of the most state legal system. In the United States only Louisiana
(relying on the French Napoleonic Code) has a legal structure based on civil law.”
1 civil law is the domestic law of any particular nation.
2 Civil law is the law of ancient Rome
3 Civil law is the law or legal systems based on Roman law.
4 Civil law is the law that is not criminal law.
5 Civil law is the law that is not MILITARY LAW.

2
Civil Law Definition
“A body of law derived and evolved directly from Roman Law, the primary feature of
which is that laws are struck in writing; codified, and not determined, as in the
common law, by the opinions of judges based on historic customs (Black, 1881).
1.3 Historical Development of Civil Law
Term civil law is derived from Latin ius civile, the law is applicable to all roman cives
citizens. Origin of civil law and model are to be found in the monumental
complication of Roman Law commissioned by the Emperor Justinian in the sixth
century. This compilation was lost to the West with in the decades of its creations, it
was rediscovered and made on the basis for legal instruction in eleventh-century Italy
an in sixteenth century came to know as Corpus iuris civilis. Succeeding generation of
legal scholars adopted the principles of ancient Roman Law in the Corpus iuris civilis
to contemporary needs. Medieval scholars of Catholic Church Law, or canon Law,
were also influenced by Roman Law Scholarship as they compiled present religious
legal sources into their own comprehensive system of Law and governance for the
Church, an institution central to medieval culture, politics, and higher learning. By the
late middle age, both civil and canon law were taught at most universities and formed
the basis of a shared body of legal though common to most Europe. The birth of
Medieval civil law tradition based on Roman Law and was thus integral to European
legal development. Medieval civil law offered a store of legal principles and rules
invested with the authority of ancient Rome and centuries of distinguishes jurists and
held out the possibility of a comprehensive legal code providing substantive and
procedural law for all situations. Civil law came into force all over the Europe source
of law and local custom roles are became increasingly important particularly as
growing European states sought to unify and organize their individual legal systems
(Black, 1881).

3
 CHAPTER -2
CAUSES OF DELAY IN THIS CASE
2.1 Case Study
Sajida Bibi Vs Muhammad Nawaz
 On 26-12-2007 suit is institute.
 Date of decision 12-10-2019.
 Time period for final decision of the case is 12 years.
Utility Store Vs Yasir Shah
 On 12-10-2008 suit is instituted
 Till pending
 Time Period consumes 13 Years.
Ahmed Malik Vs Mian Mohsin Shah
 On 13-04-2006 Suit is Instituted
 Date Of decision 02-05-2020
 Time Period Consumed 14 Years
Malik Atta ullah Vs Raja Asif
 Date of Institution of Suit 04-05-2005.
 Date of Decision of 05-03-2019.
 Time Period For Final Decision 14 years.
Chaudry Shoukat Vs Malik Mehboob
Date of Institution of Suit 2000
Till pending

4
 CHAPTER - 3
CAUSES OF DELAYED JUSTICE
After getting the knowledge from court related to the causes of delayed justice in the
lower courts of Pakistan observe several factors which causes delay and consume too
much time of court to reach the final conclusion\decision. Delay is a hidden term
which covers different type of problems which are caused by various factors and all
are requiring different factors. Delays indicates toward the different loopholes in the
judicial system such as no of cases are more than the judges and some other factors
such as substandard management of court such as shortage of court rooms, specified
budget and staff shortage.
3.1 Judicial Causes of Delay
The cases are mishandled by judges which leads the undue delay in disposition of
justice. Some of the points related to the judicial causes of delay are discussed below
3.1.1 Inefficient Judiciary
Inefficiency of judiciary is the main cause of delay in justice to provide justice on
time because it imbalance the problems between the demand for services of the court
and ability of court to provide those services. In simple the delay of too many cases
and those cases chased by few judges is deemed as a term that justice fall in the blind
well. In the courts the number of the judges are less and per judges have heavy
caseload because insufficiency of the judges in the courts. (Kakalik et al., 1990). But
another problem is that the adding of the judges is old solution for speed up the
process of litigation which cannot work. Some of the researchers think that, if the
appointment of the judges is increased the resources of the courts enhance which
speedup the time of litigation.
3.1.2 Training And Education Of Judges And Lawyers
Adding of judges to increase the efficiency in litigation is an old method that has not
worked. In fact this solution is complicated and expensive and having no effect on the
time of litigation. The concept of competency includes the developing of problem
solving capacity, relating to associated professionals, maintaining moral practice and
self enhancement. In modern way the pressure is needed to train the judges to increase
the efficiency. We also need to train the judges according to Islamic point of view and
permit them to demonstrate all of our laws in the light of Holy Quran and Sunnah.
Lack of training facilities inhibits the adoption of modern tools and techniques

5
like case flow management, and computer technology. To increase the judicial
challenges we need to facilitate our judges by providing them easy access to judicial
training (Thornton, 1974).
3.1.3 Corruption of the Judiciary
Corruption in judiciary has adverse effects, which not only break down the core of
rule of law but also neglect the basic principle such as parity, impartiality, occupation
and integrity. The existing laws are wasted if the judge himself is corrupt. According
to the 2002 survey about 96% of the defendants had experienced corrupt practices and
according to 2006 survey about 55% of the defendants described judicial system as
corrupt. Pakistan is placed among a list of countries according to the survey of
transparency international in 2007, where more than one in three recent court users
had to pay a bribe. The people who hold on to the perception of corruption in the
judiciary are of higher percentage than those who actually reported having to pay a
bribe. Sometimes, In order to frustrate the opposite party judges grant unneeded
adjournments and withhold their judgments after receiving bribes from the parties and
their practitioners. Secondly corruption in the courts also affects the timely dispute
resolution (Buscaglia, 1998).
3.1.4 Judges Are Not Punctual
Lack of punctuality and misconduct behavior on the part of the judges play a major
role in delay of justice. Some of the lawyers are habitual not to come on time in the
court which fall a negative impact on the image of judiciary. Lack of punctuality of
judges in the lower court is a serious problem in Pakistan. Lawyers are always raised
voice against the judges not come to court in time or not give proper time to court.
Due to lack of punctuality of judges it is impossible to get the maximum turnover for
resolution or disposal of the cases this is only done when judges shows punctuality in
the court and give proper time to the court. If the Court have proper routine to begin
and end on time, then the litigants and lawyers will be ready on the already specified
time to proceed with their case. Judge must be regularly attend the court and perform
his duty and sit properly in working of judicial days ensures for betterment in the
delay of justice.
3.1.5 Transfer Of The Judge Or The Transfer Of The Case
Transfer of judge and transfer of the case is consumes time because transfer of judge
from station to another or transfer or rotation of judges creates different situations like
where the judge who heard the testimony in the case is when transfers form one court
6
to another seriously impedes the process of continuous trial because new judge
repeats the some steps which is already fulfilled and heard in the court (Grossman,
2011).
3.1.6 Judges Grant Unnecessary Adjournments
Unnecessary adjournment in the case is the main cause of delay in resolution or
disposition of the cases. Adjournments in the case cause frustration and inconvenience
to litigants to constantly forcing them come to court sessions and their money and
time for court. Adjournments related to interlocutory proceedings also cause delay
and damage to parties because it stopped the actual proceedings of the case. However
in some of the cases the adjournments are unavoidable because some of the facts are
not clear but reduces the adjournments. Grant of adjournments on application of any
of the party related to the disputed matter is the discretion of the judge to accept that
application or reject. The judicial and judicious use of these discretionary by judges is
only solution to reduce the delay in justice due to indiscriminate adjournments
(Laws,2016).
3.1.7 Lack Of Ex-Parte Decisions Against Not Interested Parties
An ex-parte decree is passed against by the court in those cases where the date is fixed
for hearing of the case the plaintiff present but the defendants is not present after an
adequately presented summons. According to Order IX Rule 6 of CPC where the
plaintiff appears and the defendants does not appear when the suit is called on for
hearing, when proved that the summon was duly served, if the court want to proceed
an ex-parte and pass decree without recording of evidences.
One more cause of delay in civil justice is that some of the litigants are not willing to
speed up the case proceeding instead they would like to delay it and thus to use the
slow dispute resolution process as a bargaining tactic for solving the dispute outside
the court. It is not fair to the party who want the case to be decided as soon as possible
but is trapped in the formal dispute resolution process.
The principle of audi aturet altera pars meaning is that both the parties should be
heard. It is necessary for both the parties to show his presence in the court to start
proceeding, unless one of the parties is declared an ex-parte by the court. This
decision is usually made by the judge on the basis of indifferent behavior of one of the
parties towards court proceeding (Abramson, 2000).
Judges are over cautious about being accused of denial of justice and prefer grant of
adjournments over resolving the case expeditiously. The reasons advanced by the un-
7
interested party are in some cases as minor as illness or in some cases the defendant
actively avoided the service and the summons has been returned un-served. The
courts have been found to show a lot of patience and instead of delivering an ex-parte
decision the hearing has been rescheduled at a future date, while ordering a fresh
summon to be issued against the defendant (Law Reform Commission of Tanzania,
1986). The judges’ inability of taking an ex-parte action against an uninterested
litigant leads to further delays (Shah, 2014).
3.1.8 Judges Do Not Take Strict Action against The Careless Attitude Of The
Process Servers
Cases cannot be taken without the honest, fair and responsible functioning of officials
of court who are generally insufficiently trained, lack of experience. Judges are not
only the decision maker of the cases of litigants but also the chief administrative
officer the court who are responsible for the functioning of the system of justice.
Some of the judges are mostly unaware of the functions of lower staff of the court
except of those who are working in close or closely associated with judges. Judges
must need to take interest in their functions and aware of all aspects of their job and
also check and balance on those who are working under their supervision.
In civil cases plaintiff when sues a person summon is served by the court to defendant
through process serving mechanism. Insufficiency and corrupt practice of the process
serving agencies not served summon on time and properly the case is adjourned on
the date of hearing because summon is not properly served. Most of the complaints
are made against the process servers getting mixed with one of the party to the case
and that account not getting service affected. States that the process server, make an
incorrect report of his being not available. Sometimes the defendants are interested in
delaying the case the process server make an incorrect report of his unavailability.
Plaintiffs are also interested in not getting service affected upon the opposite side to
grant ex-parte stay order or other such order prejudicial to the defendants. If the
process is not serve in time or process server shows negligence for effecting of service
of summon it is the duty of the presiding officer to inquire the matter why summon is
not served (Cardozo,2010).

8
3.1.9 Judges Do Not Require The Commissioners To Submit Their Reports In
Time
Court can issue commissions
1. Examination of witnesses under Order XXVI Rule I
2. To make local investigation under Order XXVI Rule I
3. To examine or adjust amount under Order XXVI Rule 11
4. To make partition of immoveable property Order XXVI Rule 13
Commissions are appoint for examination of witnesses or for local inspection and
cause delay, the needful thing is not done by the next date of hearing, and the case has
to be adjourned repeatedly on that account. Some necessary directions are mostly not
given while issuing the commission, to ensure that these needful things must to be
done before the next date of hearing.
In civil suits relating to partition and accounts and delay are considered as one thing.
In these cases preliminary decree is passed in initial stage which is followed through
application for final decree from plaintiff. After that lawyers are mostly appointed the
commission of the partition and accounts, these lawyers are always the main culprit
for delay in resolution or disposal of the case because these lawyers not submit their
commission report on time, judges grant more time to lawyers and again submitting of
his report and adjourning the case for purpose. Delaying of case for long period of
time is because lawyers are appointed for commissioner of inquiry of the case after
this they cannot submit their commission report on time in the court and judges
cannot give decision without considering the report of commission, and in most of the
cases aggrieved party file an objection so delayed.
3.1.10 Pronouncing Timely Judgments
When all the steps of the case are complete the decision will be further delayed
because of inability and unwillingness of the judges to pronounce the judgment on
time. For saving of time judges need not to repeat the pleadings in judgment because
they are already on the record. They should have start their judgment from the stage
when issues are framed.
After completion of all the steps of the case the decision will further be delayed
because of the judge’s inability or unwillingness to pronounce the judgment in time.
To save time the judges need not to repeat the pleadings in the judgment as they are
already on the record. They should start their judgment from the stage when issues
were framed. To meet this end the Federal Judicial Academy should also develop a
9
model and arrange trainings for the judges on this behalf (Law & Justice Commission
of Pakistan, 2003).
3.2 Procedural Causes of Delay
All over the world dispensation of justice following the different procedures.
Following the procedure means to follow the guarantee of fair trial and substantial
justice. These procedures facilitate the process for resolution of disputes. In the
system of administration of justice laws are administered to reach the justice,
therefore these procedures when deviates from its original purposes instead of
facilitating the process sometimes extinguishing legal rights. In order to understand
the phenomenon of delay in justice I have observed some factors which cause delay in
procedures of the court. The complexity of the procedure of court has share in delay
of time which court spends on disposal of case. Several factors associated with
procedural delay like huge number of adjournments granted per case, number of
substantive motions filed per case and the procedural antiquity is also a cause of
delay. Cumbersome in civil procedure is hurdle to speedy disposition of case. So civil
and criminal procedures themselves be simplified (Ormosi,2009).
The main objective of the Civil Procedure Code 1908 assists the courts in doing
justice among the litigants. This objective makes the courts obligatory to provide
justice to the litigants according to the law of state and decide cases within reasonable
time and to fulfill the requirements of article 37(d) of the constitution of Islamic
republic of Pakistan. Reforms are needed in the civil procedure and bring in
conformity with present-day requirements because law of civil procedure dates back
to more than hundred years and is time tested. They need a revision for this purpose.
The process of revising the law consume time but give positive and long lasting result
in eradications of the courts delays, both in criminal and civil justice system.
3.2.1 Steps in Civil Procedure
In Civil procedure there is following steps
1. The plaintiffs sues the respondents party
2. Summon served to the respondents through process-services mechanism from
court. The proceeding starts when both the parties present in the court when
court demands expect in those cases where judge determines that parties are
informed but not interested in the case proceedings and thus declare the case
to be ex-parte.

10
 3. When both the parties have come to the court or if one of them has to been
declared ex-parte, the respondent required to submit the rebuttal.
4. After submission of rebuttal, issues are framed by the judge keeping in view
the plaintiff’s suit the respondent rebuttal.
5. After the framing of issues, the court will commence its proceedings. The
plaintiff’s represents the evidences in the court which is cross-examined by the
respondents after respondents present their evidences which is cross-examined
by plaintiffs.
6. Hearing of arguments from both sides.
7. Delivery of judgment.
All of the civil cases every new step of proceeding is start when the old one is
accomplished. For example unless summons has been served and pleadings (suit and
rebuttal) completed, or one of the parties declared ex-parte, the judge cannot move to
the next phase of framing of issues. Similarly, the plaintiff’s and defendant's evidence
is crucial to moving the case to the next phase(s) of arguments and judgment.
3.2.2 Case Management
Flow of management of case in the trial court is the management of the continuum of
process and resources necessary to move a case from filling to disposition, that
disposition is settled by quality plea, dismissal, trial or other method. Requirement of
case flow management is to control over the pace of litigation by dividing the case in
different meaningful events, settlement of dates schedule for these events whether
pre-trial or after the commencement of the trial along with strong leadership of the
judge, effective communication, commitment to a shared vision. Judges need to
manage time standards for continuous control of their accomplishment by monitoring
and measuring actual performance. The Case flow management is process of
managing individual case as well as flow entire case. Case management involve time
standards management and case load management, analyze workload of court for
improving planning and monitoring actions.
Delay occurs from lack of effective control over court activities or lack of desire for
such control. The main thing for successful case flow management programs must be
a judge actively exercising control over the pace of the case, because the smoothness
of litigation is controlled entirely by the capacity of the court to utilize productive
judge time. Monitoring the case progress and giving directions can eliminate
unnecessary delay. When court intervene in early proceeding and shows his expedite
11
the court eliminate unnecessary delays. Fair management of court ensure expeditious
case resolution, when the parties are alive, arability of evidences and memories are
fresh, it increase the respect of justice system wholly and diminish the frivolous cases.
Better management of the cases by judge prevents the wastage of time and money
which is caused by overzealous or dilatory lawyers.
Weak institutional structure of judicial system damage the effectiveness of case
management. Courts of developed countries have little statutes or any other kind of
rules to regulate cases and flow of management of case. Without sufficient and
balanced level of resources and manageable caseload effective case management is
impossible. Many judges prefers that management of court is an effort to resolve the
dispute quickly, promote settlement, and reduced crowded dockets.
3.2.3 Complexity of procedure
Simplicity of the procedure is the prime responsibility for the redresses of grievance.
Complexity of the procedure is lengthens the disposition time of cases. Steps that cause the
procedural complexity need not to be taken for disposal of the case it must be distinguished
from the substantive complexity of the case or dispute at hand Technicalities in the case is
sometimes play a vital role in delay of case and sometimes become fatal for contesting
parties. Popularly believed that technicalities in the can be exploited can the case continued
indefinitely if so desired. Our procedural laws are so complex, cumbersome and back to the
colonial time. These complexities have the tortuous procedural paths for case through courts,
which is mostly misused to prolong the litigations. The complexity of the procedure is easily
makes the corrupt behavior when lawyers desire to move their case faster or slower or even
influence of outcome. Huge amount of delay in different procedural phenomenon’s like
amendment of pleadings, arguments of jurisdictions, rejection of plaints, revisions,
sufficiency of notices, cause of actions etc.
3.2.4 Miscellaneous Applications And Orders
Many of the frivolous interlocutory applications are made which is popularly accepted
and to delay the case. These applications are made under various enactments filed in a
suit, these applications put a halt on the original proceedings of the case and change
the line of action and original structure of the suit time to time which cause delay in
justice. Sometimes the target of the litigants is to get the stay order from court not the
final decision of the court if he gets the stay order from the court means hangs with
the litigation for whatever with the cost as long as the order holder is a gainer of the
process but sometimes fails to get a stay order or cost of the litigation exceeds the
gain, he quits.

12
The right of appeal is a remedy for the debtor of the interim and interlocutory order
and it is used as a trick to delay a case to an unknown time therefore the provision of
the appeal should be made strict. High court of Sindh advocated the restriction of
appeals and revision against the interim and interlocutory orders in civil cases for the
purpose of reduce the time of delay and final disposal of the case. But reforms in the
appeals process in civil justice system have proven to be difficult and strong
opposition from the lawyers because cutting appeals means reducing of their income.
3.2.5 Amendments in Pleadings
Pleadings are amended under order VI Rule 17, the court if wants at any stage of the
proceeding allows the parties to alter or amend his pleadings in such manner and on
such terms as may be just. Objective of amendment of pleading means to fill the gap
to clear the structure of a suit and inconsistent issues framed there under. But the
frequent amendments in plaints and written statements at any stage of the proceedings
is the main cause of delay in civil justice system. The provision of the order VI Rule
17 is most misused provision of the Code of Civil Procedure for delay in case
endlessly, large number of applications filed under Order VI Rule 17 which flooded
the courts. Most of the applications were made for solitary purpose of delaying the
case and some others were related to genuine matters, lackadaisical approach
(Donnici,1963).
3.2.6 Procedure about Evidence
Stages of presentation of evidences is the longest stage in the life of a case and
sometime cause the delay in the court proceedings more than the other stages. The
process servers of the court are directed to summon the witnesses to shows his
attendance in the court along with the parties on that specified date of hearing which
is mentioned in the summon, but the witnesses are not shows his attendance in the
court which drags the stage of evidence. Sometimes witnesses show his attendance in
the court and the court is adjourned.
For disposal of case and recording of evidences, oral evidences i.e. examination in chief
records the evidences through affidavit and cross examination is done through interrogatories
and after such exercise where it is required by court or parties that cross-examination of
witnesses should be done in person then further cross examination should be done in front of
the court.

13
3.2.7 Granting Un-Necessary Adjournments
Courts have power to grant adjournments through order XVII Rule I of CPC. According to
this the court thinks that have sufficient causes is shown at any stage of the suit grant time to
the parties or any of them, and may from time to time adjourn the hearing of the suit.
Most of the civil cases are delayed by moving unnecessary adjournments which moving
adjournments applications in the court. These adjournments applications cause delay in the
justice. It is necessary to reform the system through amendments in Civil Procedure Code
1908 to limit the use of adjournments.
3.2.8 Deficient Strength Of Ministerial Staff And Process Servers In The Courts
The preliminary work for getting the case ready for final disposal is done by the
ministerial staff. The ministerial staff plays a vital role in the dispensation of justice.
Filing clerks, examiner of the files, notice and summons clerks, record rooms baboos
who have the judicial record meets with the litigants and cause delay because of
fixation of case, transferring of case from one court to another, relocating of files for
restoration, incorrect information and rendering their own services, the baboos of the
court can out their hand in the pulse of the litigants public.
The shortage of ministerial staff in the courts and nominal amount of salaries paid and
TA\DA. The staff of lower level is easily owned money in frivolous way by fixation
with any party.
Process servers of the courts are overworked, nominal amount of salaries is paid,
ranked as lowest grade of government officials, insufficient logistical support, not
trained, not properly monitored, work is overload and their number is inadequate.
Thus the persons who are interested in delaying the case have easily persuade the
process servers to make an incorrect report of his being not available. Process service
management and facilities have need to modernized to cope with the ever changing
situation in the court.
3.2.9 Lawyers’ Contributions In The Problem Of Delay In Justice
Lawyers play a vital role in the process of dispensation of justice as a prosecutor and
defenders, leader of public opinion etc. lawyers along with judges are bound to
produce justice in good way at low cost and in short duration of time. Almost most
the lawyers give the false hope to their clients related to the imminent end of the trial.
The role of lawyers in the judicial system is indispensable; it is the duty of lawyer to
inform their clients that the action taken on timely is necessary for smooth and speedy
dispensation of justice and their case. The main objectives of impartial, quick, and

14
effective justice system are only possible to be achieved when the lawyers cooperate
with them.
3.3.10 Lawyers Always Keep On Strikes From The Courts
The prime duty and responsibility of the lawyers is to protect the rights of their
clients, on other hand lawyers are always finds some excuses to keep on strike from
courts. Reasons for these strikes is ranging from misbehavior with their colleague
both inside and outside the court to implementation of some enactments. These
lawyers strikes puts the judiciary in deep sea because on one side the high court
pressurize the lower courts to hard and meet the target while on the other hand
lawyers are not cooperate with them and the example of bar council is that birds of a
feather flock together. Strike of the lawyers are generally perceived to cause the
permanent and irremediable damages to the litigants and also delay in justice and
weaken the dispensation of justice system.
3.2.11 Busy Schedule Of Lawyers
In most of the civil and criminal matters some leading lawyers are very famous that
before the trial court and engaged by too many parties. This cause the huge delay in
dispensation of justice because they are not present at same before the different
courts. Lawyers are himself not sure whether they attends the proceedings the other
cases or not and have not enough energy and time to attend the proceedings of all the
cases. Also maintaining the caseload of owns, these lawyers seek adjournments for
one reason or another. If this professional work bounds in the hands of few lawyers
they are not shows his attendance in court on time. These things cause the delay in
justice because litigation is bounds in few hands and one person is not present on two
places at same time.
3.2.12 Lawyers Resorting To Technicalities Of Procedure
In every court there is a group of lawyers which are shown as specialist in delaying of
cases. They strengthen the case by picking up procedural points to downs the
opponent. It is realized that lawyers are lived in that society where laws and legal
skills are for sale sometimes lawyers are to do everything for wining their case.
3.2.13 Lawyers Coming To Courts Without Preparation
Lawyers are bound to be prepared their case for hearings and provide their assistance
to court but sometimes the judges observed that lawyers are not fully prepared for
their case to defend the case approximately and cannot present the clear and well
documented case. Due to not preparedness of the case the judges grant frequent
15
adjournments although in many instances it was not possible to discern the reasons for
this lack of preparedness from what was said in court. This laziness of the lawyers is
clogging the court system, wasting of precious time of the courts, wasting of public
funds, listening and relisting of the cases without meaningful conclusion.
The unpreparedness of the case on the part of the lawyer is the main cause of the grant
of the adjournments; some of the lawyers was not possible to discern the reason for
this lack of preparedness from what was said in the court of law.
3.2.14 Taking Unnecessary Adjournments From The Court
The major cause of delay in civil justice is the general tendency of lawyers to take
unnecessary adjournments on frivolous grounds like parties not shows his attendance
in court due to death, family celebration or any other incidents. Some of the lawyers
not shows intention to conclude the case and to take unnecessary adjournments and
also not coming the court when the case is up for hearing. This act is not only the
wastage of time and money but also the negative thinking related to law and justice in
the eye of common man.
Some of the lawyers have greed to earn money from their clients and make money
along with easy chances of obtaining interim orders from courts by misleads the facts
and notorious delay in justice has tempt the major portion of citizens to take up
litigation as profession and get benefits from the rights and properties belonging to
others. The delay in justice is not only denies genuinely aggrieved person to enjoy
their property but also slapped on the moral values of the peoples. Lawyers take
unnecessary adjournments not only for theirs clients but also for management of their
caseload (Farid, 2014).

16
 CHAPTER -4
RELEVANT LAWS
 Order XVII Rule I of CPC related to adjournments.
 Appointment of Commission under Order 26
 Order VI Rule 17 amendments in pleading
 Order IV Institution of Suit
 Order VII relate to Summon
 Ex-Parte Order IX Rule VI
 Sec 155 of CPC relates to Miscellaneous Application
 Rejection of Plaint Order VII Rule 11
 Order 20 relate to withdraw and adjustment of suit

17
 CHAPTER -5
DISCUSSION
Three main classes relating to the judicial system, the first one is Judges, second is
Lawyers, 3rd is Administrative staff. These three classes are considered as official
officers. They neglect the proceedings by their own conduct. Order XVII Rule I of
CPC offers the discretionary authority to the court to give adjournment to the parties
if the satisfactory cause is revealed. The reason of excessive adjournment is that the
lower court of Pakistan have much load of civil cases and the judges prefer to grant
the adjournment rather than take action in each case to differentiate the truth and to
find out the reality of the case. Lawyers also make the reason in delay of justice due to
busy schedule, strikes and absence to the court and also case technicalities in the
procedure.
Currently judicial system of Pakistan is damaged with corruption, especially at the
inferior judicial level where the court administrative workers bribed at every step due
to transfer or Halt’s the case. This can be seen in the some cases about the corrupt
practice of judges like Ghulam Mustafa Vs Lahore High Court (2007). The petitioners
are discharged from his post for having a corrupt repute and accepting unlawful
satisfaction. This also can be seen that judges sometimes gives adjournments to hold
their decision for disappointing the other party which involved in the case and what
the reason, it happens because some of the judges have takes bribes from the parties.
There is also another reason of corruption is that the judges get bribes for fixing an
early hearing.
The happening of delay in civil justice is due to transfer of judge from one court to
another or from one station to another. Transfer of judge effect the proceeding of the
case because a judge who sees and hear whole case of both the parties when the times
comes to judgment, decree, or final order is transfer from one station to another. This
is one of the most significant and prominent reason of delay in civil litigation and also
make the reason for procedural delay. One of the fundamental reason for the delay is
imbalanced between the need for court and the ability of court to deliver service. The
delay considered as a problem that the burden of the cases is too much and the judge
who handled them is few, so being an human intelligence the capacity of judge to deal
with the case is minimal.
So this cannot be say that the court should have given hundred percent for delivering
in justice of the common man when the one judge in all level of the court have too
18
many cases, and it is beyond his limit for individual judge to hear too many cases to
give justice. The major blockage of the cases is one of the worst reason related to the
way of justice in civil court of Pakistan, why this reason is increasing day by day, it is
not wrong if we say that false and frivolous litigation is one of the most important
factor for this reason, because in Pakistan, unfortunately there is significantly less
portion of the confirmed cases in courts, while most of the parties cannot go the court
for seeking justice, they only go the court for prolong injustice and Bertrayal. Also
miscellaneous applications slow down the process of the court. If the court issues any
order the one party filed and appeal against that order if he thinks that he is aggrieved
from that order of the court this cause delay in civil justice system of the court and
sometimes consumes too much time of the court.
Parties are not punctual regarding their case is cause delay in civil justice system. Too
much false and frivolous suits are instituted in the lower courts (civil courts) of
Pakistan just for irritating the other party. These types of cases are essential for
plaintiffs as well as defendants because both the parties cannot take interest in the
cases and cannot appear before the court on the date of hearing. Lawyers take
adjournments from court for prolong litigation ( Zafeer, 2020).
Conclusion
The study conducts with acceptance of the facts of that the judges are very important
actors of the administration of justice. They have dramatic efforts to disposition,
speed of the court. In the study related to this the statistical analysis of response from
three groups of respondents i.e. Judges, Lawyers and the litigants proved that judges
have a role in the delay of justice. Many of civil cases are delayed due to careless
attitude of the process servers. The presiding officer have to inquire the activities of
the process servers and bring them to book if any difficulty. Unfortunately most of the
judges cannot take strict action against the process servers and bring them to free hand
in this regard. Secondly the delay in civil cases is often perpetuated because lawyers
and judges accept it as norm, and to change a norm require modifying the expeditious
and behavior of those who governed by it. When the stage of evidence has
commenced, it shall be continued from day to day until all the witnesses in attendance
have been examined. On the other hand, it seems to be a common practice to adjourn
the case several times during this stage. The witnesses give more preference to other
activities other than to obey summons and will grant adjournment. The judges grant

19
adjournment and prefer to give blanket approval to adjournment rather than make the
effort to distinguish between legitimate and concocted reasons for adjournments. The
judges in our courts are not well trained while the increasing the numbering of case,
enlarging the courts size, growing complexity of cases and the dispute resolution
process and the unprecedented technological advancements have made the continuing
judicial training a basic necessity. Judges are indiscriminately accepts the appeals
against the preliminary decree, impugned order and others which can put a halt on the
original proceeding of a case and thus totally change it into a different case. Judges
are compel commission appointed for different purposes like examination of
witnesses, local investigation and partition of immoveable property and some others
to submit reports in time.
Recommendations
 Increase number of judges because due to increase of number of judges
resources are enhanced and it speed up the time of limitation and disposition
of justice.( Law and Justice Commission of Pakistan)
 Train and facilitate judges and provide them easy access to judicial training.
 Strict actions taken for those judges who are not punctual and cannot give
proper time to court.
 Take action for unnecessary adjournments.
(National Judicial Policy 2009)
 Those lawyers who are appoint for commission of local inspection and cannot
submit his or her commission report on time without any serious cause take
action for those and cannot appoint as commission further.
 Strict actions take for those judges who cannot pronounce court orders or
judgments on time and delay without any cause.(Lahore high court)
 Process servers of the court shows careless attitude regarding the service take
action and imposed fines and penalties if not work properly.
 Not accepts the miscellaneous applications, which is based on bad intention of
the parties.
 Necessary evidences must attached with plaint and also registry lafafa, power
of attorney, newspaper publication fees if have.
 Increase and educate ministerial staff of the court.

20
 If parties not produce witness for recording of evidences in two dates adopt
ex-parte proceeding.
 Take action for parties who cannot take interest in the court proceedings.
 Lawyers who demands adjournments due to miss preparation of cases give
dead line to those.
 Those lawyers who have busy schedule and cannot show his or her attendance
in the court also take strict action for those.
 Government of Pakistan must pay heed to third pillar of the State by allocation
of more resources so that it can further strengthen itself to cope with the issues
to enhance dispensation of justice.
 Emoluments of judges should be enhanced so that professional lawyers join
this profession.
 Steps should be taken to enhance capacity building of judges so that they can
resolve issues promptly.
 Application of Information Technology to be introduced to court system to
make it more efficient for smooth functioning of the court.
 Training should be imparted to court staff for smooth functioning of courts.
Impact of Allocation of Resources on Dispensation of Justice in District
Judiciary of Pakistan

21
References
Black, H. C. (1891). A Dictionary of Law: Containing Definitions of the Terms and
Phrases of American and English Jurisprudence, Ancient and Modern;
Including the Principal Terms of International, Constitutional, and
Commercial Law; with a Collection of Legal Maxims and Numerous Select
Titles from the Civil Law and Other Foreign Systems. West Publishing
Company.
Crichton, S. S. (2016). Justice Delayed Is Justice Denied: Jamaica's Duty to Deliver
Timely Reserved Judgments and Written Reasons for Judgment. Syracuse J.
Int'l L. & Com., 44, 1.
Dunworth, T., & Kakalik, J. S. (1994). Preliminary Observations on Implementation
of the Pilot Program of the Civil Justice Reform Act of 1990. Stanford Law
Review, 1303-1337.
Esoimeme, E. E. (2018). A critical analysis of the anti-corruption policy of the
national judicial council of Nigeria. Journal of Money Laundering Control.
O'Connor, V. (2012). Common law and civil law traditions. Available at SSRN
2665675.
Shah, R. U., Khan, S. U., & Farid, S. (2014). Causes for Delay in Civil Justice in
Lower Courts of Pakistan: A Review. Pakistan Journal of Criminology, 6(1),
47.
Shah, R. U., Khan, S. U., Farid, S., & Shah, A. U. (2014). Delaying Tactics used by
Lawyers in Dispensation of Civil Justice in Lower Courts of Pakistan.
Pakistan Journal of Criminology, 6(2), 113.
Zafeer, H. M. I., Xue, H., & Maqbool, S. (2020). Delaying Factors Regarding Civil
Justice in Pakistan (Lower Courts). Journal of Humanities and Social Sciences
Studies, 2(6), 15-22.
Thornton, R. Y. (1974). Training Lawyers and Judges in New Japan. Judicature, 58,
128.
Buscaglia, E., & Dakolias, M. (1998). An Analysis of the Causes of Corruption in the
Judiciary. Law & Pol'y Int'l Bus., 30, 95.
Grossman, R., & Salas, E. (2011). The transfer of training: what really matters.
International journal of training and development, 15(2), 103-120.
Laws, E. (2016). Addressing case delays caused by multiple adjournments.

22
Abramson, L. W. (2000). The judicial ethics of ex parte and other communications.
Hous. L. Rev., 37, 1343.
Cardozo, B. N., & Kaufman, A. L. (2010). The nature of the judicial process. Quid
Pro Books
Ormosi, P. L. (2009). Are all mergers equally delay-averse? An empirical analysis of
procedural delay in European Commission merger cases (1999-2008). ESRC
Center for Competition Policy, University of East Anglia, CCP Working
Paper, 09-10.
Donnici, P. J. (1963). The Amendment of Pleadings-A Study of the Operation of
Judicial Discretion in the Federal Courts. S. Cal. L. Rev., 37, 529.

23