The order directs dissemination to the district judiciary and bar to ensure uniform compliance
ISLAMABAD:
The Supreme Court has issued detailed guidelines for drafting pleadings in trial courts in civil cases to promote uniformity, improve the quality of pleadings and facilitate the efficient administration of civil justice.
In a 26-page judgment written by Justice Shahid Bilal Hassan in response to a review petition in a civil case, the court observed that the issues highlighted in the case, particularly regarding the drafting of pleadings and compliance with mandatory procedural requirements, merit consideration in legal training.
He said it would be beneficial if these principles were incorporated and emphasized in the teaching of civil procedure and legal drafting modules in law schools, in order to equip future members of the Bar with the required skills at the threshold of their professional careers.
The order further noted that given the deficiencies in civil procedures and the recurrent non-compliance with mandatory procedural requirements, it was necessary to involve bar councils to resolve the systemic problem.
“Bar councils may consider the formulation and issuance of standardized or model formats for complaints, written statements and other essential pleadings.
“While such formats cannot replace the application of legal mind required in each case, they can serve as reference models to ensure compliance with fundamental legal requirements, appropriate structuring and inclusion of all necessary details.
“This would not only promote uniformity and clarity in pleadings, but also help younger members of the bar develop good drafting practices,” he said.
The Court said it is equally imperative to recognize that the responsibility in this regard lies with both the judiciary and the bar.
“While courts must provide vigilant oversight and enforcement of procedural law, attorneys, as officers of the court, have a corresponding duty to present pleadings that are legally sound, properly structured and consistent with statutory mandates,” he said.
Explaining the guideline, he said a written statement must generally be filed no later than the first hearing and adjournments for this purpose should only be granted for sufficient cause.
“The filing deadline shall normally not exceed thirty days, and failure to comply will result in consequences consistent with law,” the order states.
He directed that for effective implementation of the guidelines, the order be distributed to all district and session judges, who will ensure its dissemination to all civil judges under their administrative control.
“A copy will also be forwarded to all relevant bar associations to inform bar members of the procedural requirements and pleading guidelines, so as to ensure uniform compliance across the province.
The court further directed that the district judiciary should monitor compliance with these directions in letter and spirit, and necessary administrative measures may be adopted to ensure that procedural discipline is maintained.
According to the guidelines, the written statement must be accompanied by all documents in the defendant’s possession or possession on which it is relied upon, as well as a list of documents which are not in possession but intended to be relied upon.
“The defendant must also provide a place of residence for the duration of the proceedings.
“The written statement must comply with the general rules of pleading contained in Orders VI and VIII of the Code of Civil Procedure of 1908,” it specifies.
In cases involving multiple defendants, separate written statements generally must be filed unless the defense is identical. “The court must ensure that distinct or conflicting defenses are not unduly combined or obscured in a common pleading.”
He clarified that where compensation is sought, it must be for a specified and verified sum of money, be between the same parties in the same capacity and the written statement must, to that extent, be duly sealed as a claim.
“The court may, if necessary, require replication or additional pleadings in an effort to clarify the controversy and properly frame the issues,” the guidelines add.
