Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies;

The law can be broadly classified as –

1. Substantive Law, and
2. Procedural Law.

The Substantive Law, whether it is based on statute law or common law, defines what facts are constituting a fact or liability.To say, in other words, the Substantive law defines various principles regarding the rights and liabilities.

The Law regulating the procedure to be followed in civil court is governed by the Civil Procedure Code and this Civil Procedure Code is one of the most important branches of the procedural law.

Civil Procedure Court: Meaning and Object

The Law relating to the practices and procedure to be followed in the Civil Courts is regulated by the Code of Civil Procedure, 1908. The word CODE means ‘a systematic collection of statutes, body of laws so arranged as to avoid inconsistency and overlapping‘.

 Civil Procedure Code: Scope

The Code is exhaustive on the matters directly dealt by it but it is comprehensive in other issues. The framers of the code could not foresee the possible circumstances which may arise in the future litigations and could not provide the procedure for such situations. Hence the framers of the code (legislature) provided inherent powers to the court to meet such circumstances (where the code could not provide a procedure) according to the principles of natural justice, equity and good conscience.

Civil Procedure Code: Scheme

The Code has two parts and they are –

1. The Body of the Code
2.  The Schedule

The Body of the Code has 12 parts containing 158 sections.The Schedule is the second part containing orders and rules.

The Body of the Code lays down general principles relating to Power of the court, and in the case of the second part, that is, the Schedule provides for the procedures, methods and manners in which the jurisdiction of the court may be exercised.

Learning Outcomes

• explain the purpose and function of civil procedure law and the structure of the civil court organization and the duties of professionals that work at the courts.
• explain the competent and jurisdiction of the civil courts.
• explain the stages, kinds and requirements of the civil cases.
• explain who cen be authorized to file an action.
• explain how an action can be filed, what the results of filing an action are and how defense an action can be
• explain how an action can be responded, how an action can be administrated and how an action can be finished

Text Book

The Code of Civil Procedure

Recommended books

·The Code of Civil Procedure

Author: Aamer Raza
Publisher: Amir Raza A. Khan
Edition: 12th
Year of Publication: 2019
Country of Publication: Pakistan

• The code of Civil Procedure 1908 LLB Part III

Author Huma Hameed

Publisher Eastern Law Book House

Country of Publication Pakistan

Key Dates:

Semester Start date: Oct 12, 2020

Semester End date: Mar 08, 2021

Class description:

Program Name: LLB 3-Years

Session: 2018-21

Semester: 5th  Regular A & B

Class Timings:

Section A: Monday & Tuesday   08:00-09:30 AM

Section B:       Tue 12:30-02:00 PM

                        Wed 03:20-05:00 PM

Student's workload:

Classes - 48 h

Preparation for the classes and exam 08 h

altogether - 48 h

Type of course

Obligatory Course

Credit Hours

3+3

Mode

in English

Assessment Criteria:

Sessional:                      20

According to the following distribution:-

 Assignments     = 05

 Presentations    = 05

 Quiz                  = 05

Attendance        = 05

Mid Term (Term paper): 30

Final Term:                    50

Written exam during the end-of-term examinations. Final grade depends on the results of each part of the exam – it is necessary to obtain more or equal 50% of points to pass the exam.

Instructor: Ashraf Rahimi

Call & Whatsapp: +92 3006055405

email: [email protected]