Civil Litigation
Civil litigation in Pakistan is a legal process that involves resolving disputes between individuals or organizations through the conventional court system. This type of litigation covers a wide range of issues, including contract disputes, property disputes, personal injury claims, and more. In Pakistan, civil litigation is governed by the Code of Civil Procedure, 1908, which sets out the rules and procedures for conducting civil court proceedings.
There are several steps involved in the civil litigation process in Pakistan. The first step is the filing of a lawsuit, in which the plaintiff (the party bringing the action) sets out their claims against the defendant. The defendant must then respond to the lawsuit by filing a written statement called a “Written Statement”. The Civil Litigation process in Pakistan begins when one party files a complaint, known as a “Plaint,” with the appropriate court. The Plaint outlines the nature of the dispute and the relief Plaintiff is seeking. The Defendant is then allowed to respond to the petition, and the case proceeds through a series of steps, including maintainability, evidence (in-chief & cross-examination), and final arguments of the trial.
One of the key aspects of civil litigation in Pakistan is the “burden of proof” which refers to the responsibility of the party bringing the lawsuit to provide evidence to support their claims. In civil cases, the burden of proof is generally lower than in criminal cases, requiring only a “balance of probabilities” rather than “beyond a reasonable doubt”.
If the court finds in favor of the plaintiff, it will issue a judgment outlining the terms of the Decree and Judgment. This may include an award of damages, an injunction ordering the defendant to take a specific action or refrain from certain conduct, or some other form of relief.
Civil litigation can be a complex and time-consuming process, but it is an important means of resolving disputes and protecting the rights of individuals and organizations. If you are involved in a civil dispute in Pakistan, it is important to seek the guidance of a qualified attorney who can help you navigate the legal system and achieve the best possible outcome for your case. Reach out to our offices near your location to let us help you with the resolution of your civil dispute.
