Stages of a Civil Case
1. Filing of the Suit The first step in any civil case is the filing of a suit.
The plaintiff (the person who initiates the case) files a written
statement of the claim with the court, outlining the facts and legal
basis for the claim. The written statement is known as a plaint. The
plaint should contain the details of the parties involved, the nature of
the dispute, the relief sought, and the cause of action. Once the plaint
is filed, the court issues a summons to the defendant (the person
against whom the claim is made) to appear before the court.
2. Written Statement of Defence After receiving the summons, the
defendant has a specific time period to file a written statement of
defence. The written statement should respond to the plaintiff’s
allegations and contain the defendant’s version of the facts and legal
basis for their defense. The defendant may also counterclaim against
the plaintiff if they have a claim against the plaintiff.
3. Evidence The next stage in a civil case is the evidence stage. The
parties are required to produce evidence in support of their respective
cases. Evidence can include documents, witness statements, expert
reports, and other evidence relevant to the case. The parties are also
allowed to cross-examine each other’s witnesses.
4. Arguments Once the evidence has been presented, the parties are
given the opportunity to make their final arguments before the court.
During this stage, the parties can summarize their case and point out
any legal precedents or arguments that support their position.
5. Judgment The final stage of a civil case is judgment. The court
considers all the evidence and arguments presented before it and
makes a decision. The court may grant the relief sought by the
plaintiff, dismiss the case, or award damages to either party. Once the
judgment is given, the case comes to a close.
How to File a Civil Case in Pakistan To file a civil case in Pakistan,
the plaintiff should follow the following steps:
1. Draft a plaint containing all the relevant details of the case.
2. File the plaint with the appropriate court along with the court fee.
3. Once the plaint is filed, the court issues a summons to the defendant
to appear before the court.
4. The defendant must file a written statement of defence within the time
period provided by the court.
5. The parties must produce evidence in support of their respective
cases.
6. The parties must make their final arguments before the court.
7. The court issues a judgment after considering all the evidence and
arguments presented before it.
Conclusion
The Civil Procedure Code in Pakistan is a crucial set of rules that provide a
framework for the initiation and resolution of civil disputes in the country.
Understanding the different stages of a civil case and how to file a case is
important for anyone looking to pursue a civil claim in Pakistan. By following
the appropriate procedures, parties can ensure that their cases are dealt
with in a fair and efficient manner.
