The order directs circulation to the district judiciary, precludes ensuring uniform compliance
ISLAMABAD:
The Supreme Court has issued detailed guidelines for the drafting of pleadings for the 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 authored by Justice Shahid Bilal Hassan in response to a petition for review in a civil case, the court noted that the issues highlighted in the case, particularly regarding preparation of pleadings and compliance with mandatory procedural requirements, deserve consideration in legal education.
It said it would be beneficial if such principles were incorporated and emphasized in the teaching of civil procedure and legal drafting modules at law colleges, to equip future members of the legal profession with the necessary skills at the threshold of their professional careers.
The order further noted that, given the deficiencies in civil pleadings and recurrent non-compliance with mandatory procedural requirements, it was necessary to involve legal counsel in addressing the systemic issue.
“The Bar Councils may consider formulating and issuing standardized or model formats for complaints, written statements and other essential pleadings.
“While such formats cannot replace the application of legal thought required in each case, they can serve as guiding templates to ensure compliance with basic legal requirements, proper structuring and inclusion of all necessary details.
“This would not only promote uniformity and clarity in pleadings, but also help junior members of the legal profession develop sound drafting practices,” it said.
The court stated that it is equally imperative to recognize that responsibility in this regard is shared by both the court and counsel.
“While courts must ensure vigilant scrutiny and enforcement of procedural laws, lawyers, as officers of the court, are under a similar duty to produce pleadings that are legally sound, properly structured, and consistent with statutory mandates,” it said.
Explaining the guideline, it stated that a written statement must ordinarily be filed at or before the first hearing and adjournments for this purpose must be granted only for sufficient cause.
“The time limit for filing shall not normally exceed thirty days and failure to comply will result in consequences in accordance with the law,” the ruling said.
It directed that for effective implementation of the guidelines, the order must be circulated to all District and Sessions Judges who must ensure its circulation to all Civil Judges under their administrative control.
“A copy shall also be forwarded to all concerned bar associations to inform members of the bar of the procedural requirements and guidelines relating to pleadings, to ensure uniform compliance across the province.”
The Court further directed that the District Court shall monitor compliance with these directions in letter and spirit and that 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 power that are relied upon, together with a list of documents not in possession but intended to be relied upon.
“The defendant must also provide an address for service during a pending case.
“The written statement shall be in accordance with the general rules for pleadings as contained in Orders VI and VIII of the Code of Civil Procedure, 1908,” it said.
In cases involving multiple defendants, separate written statements must usually be filed unless the defenses are identical. “The court must ensure that separate or conflicting defenses are not improperly combined or obscured in a common pleading.”
It said where a set-off is alleged, it must relate to a definite and ascertained sum of money, be between the same parties in the same capacity, and the written statement to that extent must be properly stamped as a complaint.
“The court may, where necessary, require replication or additional submissions for the purpose of clarifying the controversy and properly framing issues,” the guidelines add.
