Suits are filed for:
- Cancellation Of Documents
- Specific Performance
- Rendition of Accounts
- Mesne Profit
- Damages Etc.
The procedure in a civil suit is as under:
- Suit is filed along with Annexure (Documents) and Interlocutory Applications.
- Notice is issued by the Court to the Defendants
- Written Statement(s) is filed by the Defendants
- Submission of proposed Issues by the parties
- Framing of Issues by the Court to be decided.
- Submission of list of documents and witnesses within 7 days of framing of issues.
- Evidence i.e. Documentary as well as oral.
- Judgment and
The points to be considered in filing a Civil Suit are:
- Limitation; i.e. a suit is required to be filed within the time as prescribed under the Limitation Act, 1908
- Parties; Who are to be joined together as Plaintiff and who are to be made a Defendant
- Jurisdiction; place i.e. court where suit is to be filed
- Events: Events leading to the cause of action to seek the relief.
- Documents; Documents relied i.e. Agreements, correspondence, certificates, approvals, etc. It is therefore important to keep original documents of a transaction intact.
- Witnesses; Who will appear as witness to support the contentions of the party. Examination-in-Chief of the witness is carried out, wherein the witness supports the contentions of the party in affirmative. Then the other side carry out cross-examination of the witness to establish the truth of the statement made by the witness.
So far, we have appeared in a number of Civil Suits at District Courts and High Court.
The pecuniary jurisdiction of District Courts all over the country is unlimited, however in Karachi the maximum pecuniary jurisdiction of the District Courts is Rs. 65 million. Suits above the value of Rs. 65 million are filed in the High Court of Sindh at Karachi on its Original Side.
Our partner Mr. Emad-ul-Hasan has filed a Constitutional Petition bearing number CP.D.1222/2021: Emad-ul-Hasan Vs. Province of Sindh and Ors. challenging limited pecuniary jurisdiction of District Courts in Karachi as compared to the District Court all over Pakistan and has strong grounds to believe that the petition will be allowed, when heard.