Notes by Tariq Malik

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:Notes By: Mr. Tariq Malik

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Page 3 of 68
Civil Procedure Code 1908
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………………...........……...Notes by Tariq Malik…………………..……….……
Topic # 1
RES SUBJUDICE
Section 10 CPC.
"when two or more suits pending in the same or different
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court regarding same matter between same parties claiming
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same relief the court may stay the subsequent proceedings"
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1- ESSENTIAL CONDITIONS.
(i) the matter in issue in both the
suits must be directly and
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substantially the same.
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(ii) the previously instituted suit

must be pending in a court of
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competent jurisdiction.
(iii) both the suit must be between
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the same parties or their

representatives.
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(iv) the parties must be litigating

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in both the suits under the

same title.
2- APPLICATION OF RES -SUBJUDICE.
> it apply only suits including
appeal.
> application may made at any
stage.
Page 6 of 68
> the doctrine of res subjudice

only bar to stay the trial of
subsequent suit.
> court may pass order of an
interlocutory in nature i-e
grant of injunction.
> It does not bar the institution of
suit in Pakistan if first suit is
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pending in foreign court.
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> A revision is competent against
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order u/s 10.
> Where all the conditions are not riq
strictly fulfilled, the suit may be
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for end of justice be stayed
u/s 151 Cpc
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Topic # 2
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RES JUDICATA
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section 11 CPC.
"a man should not be twice vexed for the same

cause"
1- ESSENTIAL INGREDIENTS..
(i) The matter in issue in the subsequent suit
must be in issue in former suit.
> matter in issue.
Page 7 of 68
> same matter.

> actually in issue (exp iii)
> constructively in issue (exp iv)
(ii) Litigation under the same title.
> parties whose names appear on record.
> co plaintiffs and co defendants.
> privy (person claiming under a party)
> party in case of stranger.
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(iii) Court should have competent jurisdiction.
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> ordinary civil courts (applicable)
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> revenue courts (applicable)
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> not of absence of jurisdiction u/s 9, 115.
(iv) Matter in issue decided in former suit.
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> heard by court.
> finally decided by court.
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(v) Decision in former suit decided on merits.

> it should not be decided on,,,,,
> for want of jurisdiction
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> failure to furnish security for costs.

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> want of notices.

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> want of cause of action etc etc.

2- APPLICATION OF RES JUDICATA.
> it applies on all judicial proceedings
whether civil or otherwise.
> it can be applied at any stage before
passing judgment.
3- CASES WHERE RES JUDICATA NOT APPLY.
Page 8 of 68
> decision based on fraud or collusion.

> if it passed by court without jurisdiction
Constructive Res Judicata explanation iv.
"By force of doctrine of constructive res judicata the parties have to

bring their whole suit to the court and cannot rescued for the purpose
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of second suit grounds available to them in support of their case, as
such piecemeal litigation and withholding of grounds with the purpose
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of avoiding the doctrine of res judicata is effectively checked by
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constructive res judicata".
TERMS used in Explanation No iv. riq
GROUND OF ATTACK.
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in respect of claim actually made available to a party in the alternative
for sustaining the claim in suit.
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GROUND OF DEFENCE.
all grounds in answer to such claim.
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Topic # 3
FOREIGN JUDGEMENT
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WHEN NOT CONCLUSIVE AND IT'S EXECUTION

sections 2(6), 13, 44-A.
FOREIGN JUDGMENT (sec 2(6)
"foreign judgment means the judgement of a foreign court".
WHEN IT IS NOT CONCLUSIVE. (section 13)
Page 9 of 68
A foreign judgment is a conclusive as to matter except,

> not pronounced by competent court.
> not given on merits
> incorrect view of int. law or under law not recognized by Pakistani law.
> as opposed to international law.
> obtained by fraud.
> breach of any law for the time being in force.
EXECUTION OF FOREIGN JUDGMENT OR DECREE. (section 44-A)
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>Judgement of court of UK or any reciprocatory court.
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>certified copies of that judgement or decree.
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>considered as passed by District Court of Pakistan.
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>it should not be hitted by section 13(clause A to F)
>the provision of Limitation Act 1908 will not be attracted.
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NOTE
it judgment or decree is not of court of UK or any reciprocatory court,
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then not executable, a fresh suit is maintained.

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Topic # 3
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Territorial Jurisdiction
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of
Civil Court
Sec 16-21 CPC.
Page 10 of 68
SEC 16
Generally suit for recovery of immovable property is instituted where
property situated.
Suit for foreclosure,redemption, can be filed where any portion prevails

and where
defendant resides or carries business.
SEC 17
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If property in parts situated in different court, suit can be filed in any
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court.
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SEC 18
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It the jurisdiction of court is uncertain (boundary line of two courts) then
it can be filled in
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eithe court. If objection arises it shall be taken at earliest possibility.
SEC 19
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Suit for compensation of wrong to person or to property can be filed

in court either
where wrong done or defendant resides or where carrie's business.
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SEC 20
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Simply.. if any case not covered by any of above sections, suit is filed
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under section 20.

SEC 21
if any objection arises regarding jurisdiction, it should be availed as
earlier possibility.

Page 11 of 68
Topic # 5
TRANSFER OF SUITS
Sections 22 to 25 CPC
SEC 22
If a suit is instituted in one or more courts,
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Defendant apply for transfer, the court after considering shall determine
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the court.
SEC 23
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If both courts under same Appellate court the application lies to such
appellate court. riq
If not under same appellate court then lies to high court.
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If not under same high court, then to such high court where suit is
brought.
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SEC 24
Court may on its own motion or on application,
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transfer of suit
withdrawal of suit
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re transfer of suit.
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the court to transferred the suit may start from that point or from where
it is transferred.
SEC 24-A
Parties should appear before the transferring court, and such court shall
direct to the
parties to appear before such specific court on such day.
APPEAL
Page 12 of 68
no any appeal to high court

REVISION
Revision lies, but not lies if transferred on its own motion by court.
Topic # 6
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INSTITUTION OF SUIT
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AND WHAT ARE THE STAGES OF SUIT
section 26 CPC. riq
every suit shall be instituted by presentation of a plaint or in such other
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manner may be
prescribed.
STAGES OF A SUIT.
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1- PLAINT
>institution by presentation of plaint as prescribed (orders 6, 7)
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>if instituted in wrong court, returns ( 7-10)

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>if certain specified eventualities arises, rejected ( 7-11)

2- ISSUES OF SUMMONS
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>summons to defendant issues.as (sec 27, 28, 29, 31, orders 5, 16)
3- WRITTEN STATEMENT.(order 8)
> Defendant will submit his written statement within time specified as (
rule 1)
> if fails to submit within time, consequences (rule 10)
4- DISCOVERIES AND INSPECTIONS
> order of court for discoveries if any ( sec 30, order 11)
Page 13 of 68
5- FRAMING OF ISSUES
> court issue frames as par cause of action (order 14)
6- EVIDENCE
>calling and recording of evidence as prescribed (order 18)
7- ARGUMENTS
>after closing of all evidence the court fix day for arguments.
8- JUDGMENT
>after hearing arguments and persuasion of evidence, court pronounce
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judgement (order 20 rules 1 to 5)
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9- DECREE
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> after the judgement has been pronounced, a decree drawn in favour of
the successful riq
party as (order 20, rules 6-20)
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10- EXECUTION
> execution is the final stage of the suit, it means satisfaction of decree,
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as ( sec 38 to 45, order 21)

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Topic # 7
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SUMMONS
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Sections 27, 28, 28, 31....Order 5..... CPC...

MODES OF ISSUANCE OF SUMMONS.
1- PERSONAL SERVICE
order 5, rules 11, 12, 13, 14, 15, 16, 17.
2- SERVICE BY POST
Page 14 of 68
order 5, rule 10-A

3- SUBSTITUTED SERVICE
order 5 rule 20.
MODES OF SERVICES OF SUMMONS IN DIFFERENT PLACES.

1- WITHIN JURISDICTION AND IN SAME PROVINCE.
Order 5, Rules 11, 12, 13, 14, 15, 16, 17, 10-A, 20.
2- SERVICE OF SUMMONS TO ANOTHER PROVINCE.
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section 28, order 5, rules 21, 23
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3- SERVICE OF SUMMONS IN FOREIGN COUNTRY.
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section 29.
PURPOSES OF ISSUANCE OF SUMMONS. riq
section 31, 94, orders 13(16), 18(18), 39(7).
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Topic # 8
COST
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sections 35, 35-A. CPC

KINDS OF COSTS.
> Actual Cost. (section 35)
> Compensatory.(section 35-A)
ACTUAL COST.
actual cost are awarded by a court in order to
secure or reimburse the expenses undergone
Page 15 of 68
by a successful litigant in the assertion of his

rights before a court. But it not by way of
penalty or punishment.
2- IMPORTANT POINTS OF ACTUAL COST.
cost shall follow event.
> where both the parties are successful the
costs shall be apportioned.
> where both the parties are guilty of bad faith
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they both shall be deprived of the costs.
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> where the law is being laid down for the first
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time parties bears own costs.
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> it is payable by unsuccessful party to the
successful party.
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> it included in decree or order, if such decree
or order is appealable then they are also
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appealable, if not, they are also not.

> it is executed as same decree.
> no court fee is payable on amount of costs.
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COMPENSATORY COSTS
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costs is granted in case of vexatious

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litigation instituted with ulterior motives, in

addition to actual cost.
4- IMPORTANT POINT OF COMPENSATORY COSTS.
> the claim or defence should be false or
or vexatious to the knowledge of the party
asserting it.
> objection to such claim or defense should
Page 16 of 68
be have been taken at earliest possible

opportunity.
> such claim or defence should have been
disallowed, withdrawn or abandoned wholly
or in parts.
> it is not exceeding RS 25000.
> an order under section 35-A is appealable
u/s 104 (exception Or 41, rule 33).
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Topic # 9
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EXECUTION OF DECREE
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sections 36 to 74, Order 21.

"when a person obtains a decree from a court of law against
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another person, his next step is to get the decree satisfied"

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1- COURTS WHICH EXECUTES DECREE

(i) court which passed decree. ( sec 38)
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(ii) court to which it transferred. ( sec 38)

> Powers. (sec 42)
(a) transfer to another court ( 39)
(b) appointment of legal representative.
(c) correct clerical mistakes(152)
(d) recognise the assignment(21-16)
(e) grant leave (21-50)
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(f) give notice of attachment(21-53)

> within province (39)
> other province (40)
> foreign court decree (44-A)
(iii) execution by high court itself(21-9)
2- APPLICATION FOR EXECUTION.
(order 21 rules 10 to 17)
(i) application may be oral or written (21-11)
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(ii) application for execution by joint decree
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holders (21-15)
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> Issuance of notice (r. 23)
> objection as to execution (r. 23-A) riq
> stay of execution (26)
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3- KINDS OF DECREE AS FOR EXECUTION.
(ii) Decree for payment of money (r. 30)
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(detention or attachment or both)

(ii) Decree for specific immovable property 3
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(detention or attachment or both)
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(iii) Decree for specific performance (32)

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> contract
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> restitution of conjugal rights.

> for injunctions
(iv) Decree for execution of documents or
endorsement of negotiable instrument.
(v) Decree for immovable property(r. 35)
4- MODES OF EXECUTION OF DECREE.
(section 55)
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(i) By delivery of any property specially

decreed.
(ii) Attachment and Sale
(sec 60-64, rules 41 to 57)
(iii) Arrest and Detention (55 to 59)
(iv) Sale of Property
> General (64-73)
> movable (74-81)
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> immovable (82)
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Topic # 10
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PRECEPT
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By
section 46.
percept is an interim attachment, it is not one of execution, but a step of
execution.
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POINTS.
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1- it is a letter issued by the court which passed the decree.

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2- Its is issued for the purpose of attachment of property situated in

jurisdiction of other
to whom it send.
3- it is an interim measures for the preservation of property pending the
transfer of
decree.
Page 19 of 68
4- Its time limit is 2 MONTHS after that it automatically cancelled, unless
new issued.
NOTE.
An order under this section not being one in execution so it is not
appealable.

Topic # 11
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INCIDENTAL PROCEEDINGS
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ISSUES OF COMMISSIONS.
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sections 75 to 78, order 26.

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1- POWER OF COURT TO ISSUE COMMISSION.

(section 75)
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> to examine any person

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> to make local investigation.

> to examine or adjust accounts
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> to make a partition.

(i) To examine any person.
> cases in which court issue commission
(Rule 1)
> court order to issue commission ( R.2)
> persons for whose commission issued.
(rule 4)
Page 20 of 68
(ii) To make local investigation. ( Rules 9,10)

> to ascertain market price or any other
matter.
(iii) To examine or adjust accounts. (R.11,12)
> to examine as court give necessary
instructions that what part examines.
(iv) To make partition. (Rule 13)
> after passing preliminary decree of
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partition, the court issue commission
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to make partition.
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2- COMMISSION ISSUE TO ANOTHER COURT.
(section 76, Rules 5,6) riq
> its not for high court.
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> its for another court or province.
3- LETTER OF REQUEST. (section 77)
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> its a letter issued with commission

when person resides abroad.
4- COMMISSION ISSUED BY FOREIGN COURT.
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(section 78)
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> commission issued by foreign court at

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the instance of federal govt or any court

outside Pakistan.

Topic # 12
Page 21 of 68
SUIT AGAINST
GOVERNMENT
OR
PUBLIC SERVANT
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Sections 79 to 82, Order 27.
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> suit against federal government
> suit against provincial government
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> suit against public officer ( sec 21 ppc)
1- PROCEDURE OF INSTITUTION OF SUIT AGAINST GOVERNMENT.
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> suit with notice

> suit without notice
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(i) institution of suit with notice. (sec 80)

>send notice to Secretaries of respected
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governments and GM in case railway

and collector in case of District.
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(sections 79, rules 1, 2, 3, 4)

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> prior Two Months of institution of suit.

(ii) institution of suit without notice.
> may file suit without notice
> consequences...
(a) plaintiff shall not be entitled to any
cost, if subject matter conceded by

Page 22 of 68
govt. or settled matter within 2 month.

> if institute suit without notice, the shall
shall provide time 3 months to govt.
Section 80.
2-EXEMPTION FROM PERSONAL APPEARANCE. (section 81)
> the defendant shall not be arrested, nor
attachment of property.
> exempted from persDECREEonal appearance.
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3- EXECUTION OF .(sec 82, rule
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> the court shall mention time limit for
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execution, if not satisfied, then report to
provincial government. riq
> execution shall not issued unless it
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remains unsatisfied period of 3 months.
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Topic # 13
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INTERPLEADER SUIT
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section 88, order 35 CPC.

"by an interpleader suit is meant a suit in which real dispute
is between defendants only and the plaintiff is not interested
in the subject matter, he just seek the direction of the court"
1- IMPORTANT ESSENTIALS (order 35)
> plaintiff claims no interest in subject
Page 23 of 68
matter, other than cost, charges etc.

> claims have been defendants only.
> there is no collusion b/w plaintiff and any
of defendants.
2- PROCEDURE OF COURT. ( order 35, rule 2)
> plaintiff discharge from liability at first
hearing after awarding to him costs.
( Rule 6)
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> all parties remain in suit until final
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decision.
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> if any admission, suit decided.
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> if no admission, the court frame issues
and try case in ordinary manner.
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3- AGENTS AND TENANTS MAY NOT
INSTITUTE INTERPLEADER SUIT.
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(Rule 5)
> they are deemed enabled to sue their
principals and landlord respectively.
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Topic # 14
SPECIAL CASE
Section 90. Order 36.
Page 24 of 68
"where any two persons agree in writing to state a case for

the opinion of court, the court shall try and determine the
same" (sec 89)
1- REQUIREMENTS FOR A SPECIAL CASE.
(Rules 1 to 4)
(i) parties to the suit must into an agreement
states question (R 1)
> with respect to sum of money
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> with respect to some property
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> parties will refrain from any other act.
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(ii) value of the subject matter must be stated
in agreement. (Rule 2) riq
(iii) agreement framed in accordance with
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rules, duly registered and filed in that
court which have jurisdiction. (Rule 3)
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(iv) parties to agreement shall subject to the

jurisdiction and follow the same (Rule 4)
2- PROCEDURE ADOPTED BY COURT ON A
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SPECIAL CASE. (Rule 5)

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> ordinary procedure as given in Order 18 cpc

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shall be applied.
> agreement duly executed.
> court shall pronounce judgment and decree.
Topic # 15
Page 25 of 68
SUPPLEMENTAL PROCEEDINGS
Section 94. Order 38, 39, 40....
"in order to prevent the end of justice from being defeated
the court issue such proceedings"
1- ISSUE WARRANT OF ARREST OF DEFENDANT IN ORDER TO GIVE
SECURITY. (sec 94-A,136)(Order 38 rules 1-4)
Cases when defendant called for security as avoid or obstruct execution
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of decree, absconded, removing property or leaving Pakistan.
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2- DIRECT DEFENDANT TO FURNISH SECURITY TO PRODUCE ANY
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PROPERTY. (sec 94-B,136) (order 38, rules 5-17)
it is issued when property is about to dispose, attached or being removed
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from jurisdiction.
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3- GRANT OF TEMPORARY INJUNCTIONS.
(sec 94-c) (order 39 rules 1-5)
it is issued when property is in danger of being wasted, damaged,
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alienated or in continuous breach.

4- APPOINTMENT OF RECEIVER.
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(sec 94-d, 51-d) (order 40)

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it is issued as appointment of receiver for selling, managing, removing or

taking into custody of property.
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5- PASSING OF ANY OTHER INTERLOCUTORY ORDER.

(sec 94-e) (order 39 rules 6-10)
such orders may be for interim sale, detention, preservation or
inspection of property,, or
any other necessary order.

Page 26 of 68
Topic # 16
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PPEAL
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first appeal. riq

Sections 96, 97, 98, 99. orders 41, 43.
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"it is a complaint made to a superior court against the
decision of a subordinate court with the object of getting
such order set aside, or revised"
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1- FORUM OF APPEAL.
> District court (upto 5 cror)
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> High court (in other cases)

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2- GROUNDS OF FIRST APPEAL.

(i) on question of law
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(i) on question of fact

(iii) on mixed question of fact
and law.
(iv) against exparte decree.
3- POWERS OF APPELLATE COURT (sec 107)
> Determine case fully.
(order 41, rules 4,20,24,33)
Page 27 of 68
> Remand a case..

(order 41, rules 23,23-A,sec 151)
> Frame issues (order 41,R.25)
>Take additional evidence
(order 41, rules 27,28)
4- BARS ON FIRST APPEAL.
> consent decree
(sec 96-3 order 23-3)
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> where other remedies
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provided, i-e.
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Appl # 12-2
Remedy under sec 47 riq
> against pre -
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liminary decree. (sec 97)
5- PROCEDURE OF FIRST APPEAL
By
(i) presentation of memorandum

of appeal (rules 1,2)
(ii) rejection of memorandum
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of appeal, if (rule 3)
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(iii) stay of execution (rule 5)

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(iv) furnishing security (rule 6)

(V) admission and registration
of appeal (rules 9,10,11)
(vi) fixing day of hearing (rule 12)
(vii) notices (13,14,15,16)
(viii) hearings.
(ix) judgment (rule 30)
Page 28 of 68
Topic # 17
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REVIEW
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section 114, order 47

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"the term review means a judicial re-examination of the case
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in certain specifie or prescribed circumstances"
>>> Person aggrieved of an
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appealable decree or order may

apply for review.
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1- PROCEDURE REGARDING APPLICATION FOR REVIEW.

(sec 47, order 47, rule 1)
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(i) person aggrieved from decre

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or order, appeal allowed, but

not preferred.
(ii) aggrieved from decree or
order and appeal is not
allowed.
(iii) by decision on reference
from a court of small cause.
Page 29 of 68
2- GROUNDS FOR REVIEW. (rule 1)

> Discovery of new and important
matter or evidence.
> Mistake or error apparent on
the face of the record.
> Any other sufficient reason.
3- TO WHOM APPLICATION FOR REVIEW MAY BE MADE.(R. 2)
> if order passed by HC, then to
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such judge or his successor.
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> if passed by a judge other than
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high court or his successor.
> only to same judge if grounds riq
differ to above.
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4- GRANT AND REJECTION OF APPLICATION FOR REVIEW.
(rules 4, 6)
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> if sufficient cause then review

granted.
> if not any sufficient cause
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then rejected.
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> when application hears by two

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judges and decision same

also be rejected.
5- OTHER IMPORTANT POINTS.
> appeal lies from a application
granted for review.
> no appeal upon rejection of
application.
Page 30 of 68
> limitation for review is 90 day

(art. 161,162 limitation act)
> no any suo motu is permissible
> form of application of review
mutatis mutandis apply( R. 3)
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Topic # 18
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REVISION
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Section 115 CPC.
"a re examination or careful reading over decision for
correction or improvement."
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1- COURT WHICH HAVE POWER TO ENTERTAIN.

> high court.
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>district court.
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> addl district court.

(sec 6(2)wpc co 1962)
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2- CONDITIONS FOR REVISION.

(i) case should be decided.
(ii) decision should be of court
of court subordinate to
revisional court.
(iii) no appeal should t o the
to the revisional court from
Page 31 of 68
such decision.
3- GROUNDS FOR REVISION.
> exercise a jurisdiction which
is not vested.
> failed to exercise jurisdiction
vested in it.
>acted in the exercise of its
jurisdiction illegally or with
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material irregularity.
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4- EXERCISE OF REVISIONAL POWERS.
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> by Sou Motu.
> by application any aggrieved riq
person from decision.
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>application should be
accordingly
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>limitation period is 90 days.

> limitation for disposing it for
high court is 3 months.
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> there will be no second revision

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against order of District Court.

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(sec. 115(4)).
Topic # 19
RESTITUTION
Page 32 of 68
section 144. CPC

(i) when a decree is passed by
court of first instance, and its
wholly or any part is executed.
(ii) if such decree is reversed or
varied at any next forum, then
party can apply for restitution
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of the property which has been
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executed.
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1-NECESSARY CONDITIONS.
(i) restitution sought must be in
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in respect of decree varied or
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reversed.
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(ii) party apply for restitution

must entitled to some benefit.
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(iii) relief claimed should be

properly consequential
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(may be with interest, charges,

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mesne profit, etc)

2- OTHERS.
> on application given fo
restitution, no need of fresh
suit.
Page 33 of 68
> its order.

> limitation is also applicable
(under art. 183)
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Topic # 20 . riq
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INHERENT POWERS OF COURT.

By
section 151 CPC.

"such powers which is not expressly granted will nevertheless
be deemed to exist or be inherent in a court"
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1- APPLICATION OF INHERENT POWER OF COURT.

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(i) firstly, where the case is not

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covered by the expres

provision of the code.
(ii) secondly, where the procedure
is being abused or obstruct
end of justice.
2- CIRCUMSTANCES UNDER WHICH COURT CAN EXERCISE ITS INHERENT
POWERS.
Page 34 of 68
(i)TO SECURE END OF JUSTICE

> for end of justice every injury
should be remedied.
> if another remedy is available
then not exercisable.
> it will not also if interference
with the rights of third parties.
>it will not if party guilty of
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laches.
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(ii) PREVENT ABUSE PROCESS OF COURT.
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>abuse process by a court.
> abuse process by a party. riq
3- PRINCIPLES GUIDINGS TO COURTS.
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(i) exercised when there is no
any other provision of law.
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(ii) not exercised, if procedure

given.
(iii) not exercised, when specific
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prohibition is given.
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(iv) not exercised, if any conflict

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is arised with general

principles.
4- OTHERS.
(i) any order passed u/s 151 is
not appealable, but decree
appeable.
(ii) a revision is competent.
Page 35 of 68
(iv) a court can review or recall

its order passed u/s 151.
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al
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riq
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Ordersssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss
sssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss
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Topic # 21
MISJOINDER
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AND
ot
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NONJOINDER PARTIES.
Order 1, Rules 9, 10, 13.
MIS JOINDER.
joinder of party contrary to the provision of law.
NON JOINDER.
person as necessary who should joined party.
Page 36 of 68
NECESSARY PARTY.
party who ought to have been joined.
PROPER PARTY.
whose presence is necessary.
ORDER 1 RULE 9
> mis joinder or non joinder will not effect on
suit.
> court deals with controversy of suit.
ik
> court decide case to parties before it.
al
ORDER 1 RULE 10
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> action started in plaintiff name as mentioned
riq
> it is doubted that whether he is original or not
> may be added or strike out parties.
Ta
> substitution and addition is necessary for
determining real controversy.
By
> on its own motions

> on application of party.
ORDER 1 Rule 13
es
> objections taken at earliest possible

ot
opportunity.
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> if not taken, then deemed as waived.

> suit shall be amended upto necessary, but
not change the nature of suit.
OTHER POINTS
(i) appeal
(ii) revision .
Page 37 of 68
(iii) writ petition in appropriate cases.

(iv) article 22 of limitation act will apply.
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Topic # 22
RELINQUISHMENT OF PORTION
riq
OF
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CLAIMANTS CONSEQUENCES
By
ORDER 2 RULE 2.
es
Relevant Provision,, Order 2 rules 2,7

1 Every suit includes whole claim for cause
ot
of action(even one suit for more reliefs)

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2 If plaintiff relinquish or omit any portion

intentionally, he will not be entitled to sue
for that portion.
3 if such is by leave of court then by the
permission of court may sue.
........... IMPORTANT POINTS.............
> if subsequent portion hitted 2(2) the court
Page 38 of 68
may reject plaint under ( order 7 rule 11)

> nothing 2(2) will not prevent from emending
plaint to plaintiff under ( order 6 rule 17)
> not apply on withdrawn under (order 23 R.1)
> objection if any taken at earliest possible
opportunity, if not taken considered waived.
(order 2, rule 7)
> Revision may against order.
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Topic # 23
riq
INSTITUTION OF SUIT
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(Order 4).
1 EVERY SUIT SHALL BE INSTITUTED BY
By
PRESENTING A PLAINT.
> particulars of plaint (orders 6, 7)
es
> plaint show cause of action.

> relief claimed.
ot
> sufficiency of court fee.

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> limitation (not barred)

> jurisdiction of court.
2) PLAINT PRESENTED TO PROPER COURT
OR TO OFFICER APPOINTED.
> court of lowest grade.(sec 15)
> court of competent jurisdiction.
3) EVERY SUIT SHALL COMPLY RULES OF
Page 39 of 68
ORDERS 6, 7.
> plaint and particulars of plaint.
4) THE COURT SHALL CAUSE THE
PARTICULARS OF EVERY SUIT. (rule 2)
> the court shall cause the particulars of
of suit and entered it in register as
in Appendix H form no 14.
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riq
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Topic # 24
By
STRIKING OUT
es
AND
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N
AMENDMENT IN PLEADING
Order 6, rules 16, 17, 18... sec 153
1 STRIKING OUT OF PLEADING. (rule 16)
> with leave of court.
> either on application or suo motu.
Page 40 of 68
> at any stage (before passing final decree)

> court may order for struck out or amend
if it is,
> unnecessary
> scandalous
>tend to prejudice
> embarrass or delay in fair trial.
2 AMENDMENT IN PLEADING. (rule 17)
ik
> at any stage (even in appea, 2nd appeal,
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revision etc.)
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> with leave of court as ( order 14 rule 5)
> if amendment is necessary for riq
determining real matter in controversy.
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> allow for such amendment.
> but amendment should not change the
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nature of pleading.
> same rule also on written statement.
3 FAILURE TO AMEND AFTER ORDER.(rule 18)
es
> if party who obtained oder for amend.

ot
> not amend within time or within 14 days

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(unless court extended time)

> shall not be permitted after.
> Revision against order of allowing or refusing
is
> writ petition against revisional order to HC.

Topic # 25
Page 41 of 68
REJECTION OF PLAINT
Order 7 rules 11, 12, 13.
1 ESSENTIALS CONDITIONS.
(i) If plaint does not show cause of action.
> the court should reject the plaint which is
ik
manifestly meritless and vexatious and
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does not disclose cause of action.
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> it is at the time of of institution of suit, if
occurred during pending may not reject.
> for this purpose the court only looked
riq
into and nothing else.
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(ii) Relief claimed is undervalued.
> if is undervalued and court given time to
By
correct the same.

> if plaintiff fails to do so,the plaint rejected.
es
> if corrected valuation is exceeded

jurisdiction, the court return the plaint
ot
under rule 10.

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> section 149 is also applicable.

(iii) Suit is insufficiently stamped.
> determine correct valuation but plaint is
written upon insufficiently stamped.
> court granted time but plaintiff fails to do.
> diff. b/w clauses B and C is that former
applies where suit is undervalued, the
Page 42 of 68
later presupposes correct valuation.

(iv) When suit is Barred by law.
> the suit appears to be prima facie barred
by law.
> instances as suits barred by law.
> time barred, bad for multifarious.
not sending prior notice, by res
judicata, by limitation, by sec 10,
ik
12(2), ord 2 r 2, ord 9 r 9, ord 23
al
r 1, etc etc..
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2 PROCEDURE OF COURT ON REJECTING
PLAINT. (rule 12) riq
> when plaint rejected the court shall
Ta
record record the effects and reasons.
3 WHEN PLAINT IS REJECTED, THE PLAINTIFF
By
IS NOT PRECLUDED FROM PRESENTING

FRESH SUIT (rule 13).
4 MISCELLANEOUS POINTS OF RULE 11.
es
> Its mandatory in nature.

ot
> It's not applicable in pauper application.

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> its applicable at any stage even before

pronouncing of judgment.
> action can be taken as suo motu.
> appeal , revision , review also
in appropriate cases.
Topic # 26
Page 43 of 68
WRITTEN STATEMENT
ORDER 8.
" written statement is the statement filed by a
defendant in answering the plaint and constitute his defense"
1 NEW FACT MUST BE PLEADED
ik
SPECIFICALLY (rule 2)
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a defendant must specify the grounds of
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defence upon which suit is not maintainable.
2 DENIALS. (rules 3, 4, 5)
riq
(i) the defendant deal specifically with each
allegation of fact of which he does not
Ta
admit the truth.
(ii) evasive denial may be construed as an
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admission and it should be clear and

specific at all.
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(iii) specific denial is the effect of noncompliance

with the rules 2'3, if any
ot
allegation is not specifically to be not

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admitted, it would be taken admitted.

2 PLEA OF SETOFF. (rules 6, 7)
> it would be in money cases.
> money must be legally recoverable.
> the claim must be made at first hearing.
> claim should be for an ascertained sum
of amount by defendant.
Page 44 of 68
> the court shall pronounce final

judgement in this regard.
> it shall not affect lien.
> money should not exceed the
jurisdiction of court.
> if defence or set off forwarded on
separate grounds, the defendant may be
stated separately and distinctly (rule 7)
ik
3 NEW GROUNDS AND SUBSEQUENT
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PLEADING. (rules 8, 9)
M
> if new ground of defence arises after
riq
institution of suit, it should be raised by
by leave of court.
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4 FAILURE TO SUBMIT WRITTEN STATEMENT.
(rule 10).
By
> where defendant fails to present written

statement called by court, the court may
pronounce judgment or pass any other
es
appropriate order.
ot
> this rules applies only after the

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defendant has duly served and copy of

plaint specifically provided and court
asked for written statement within time.

Page 45 of 68
Topic # 27
APPEARANCE OF PARTIES
AND
CONSEQUENCES OF NON APPEARANCE
order 9.
ik
1 CONSEQUENCES IN CASE OF PLAINTIFF.
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(rules 1, 2, 4, 5, 8, 9)
M
(i) if plaintiff failed to served summons as not
pay court fee or postal charges, the court
riq
may dismiss the suit. (rule 2)
Ta
(ii) where the plaintiff fails to issue fresh
summons if the first summon returned
By
unserved within three month, the court

dismiss the suit. (rule 5)
(iii) where only defendant appears but plaintiff
es
not appeared, the court may dismiss the

ot
suit accordingly. (rule 8)

(iv) if suit dismissed under rules (2,5)the
N
plaintiff may bring fresh or restore the

same by an application, but in case of
rule 8 no any fresh suit, but only
application for restoration under (r. 9).
2 CONSEQUENCES IN CASE OF DEFENDANT.
(rules 1,6,7,)
(i) where only plaintiff appear but defendant
Page 46 of 68
not appears then if,,,, (rule 6)

> summons duly served then
proceed as ex parte.
> summons not duly served it shall
be issued again.
> if service not within time, then
court grant time.
(ii) where defendant not appear and court
ik
adjourn the hearing as ex parte, if he
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on that day and show good cause for non
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appearance, the court may set aside the
the same. (rule 7) riq
3 CONSEQUENCES IN CASE OF BOTH THE
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PARTIES. (rule 3)
> where both the parties not appeared on
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the day fixed, the suit dismissed by court.

4 SETTING ASIDE EX PARTE DECREES.(R.13)
> if summons not duly served or any other
es
sufficient cause ( but not irregularity in

ot
in service).
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> the court may order for setting aside of

ex parte decree, but after issuance
notice to other party (rule 14).

Topic # 28
Page 47 of 68
INTERMEDIATE DATES
ORDER 9A
(i) When pleading(plaint+written statement) is
closed.
(ii) court shall fix next hearing date for further
matters of the parties as;
ik
> further better particulars.
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> admissions
> discoveries
M
> inspection of documents
> moveable or immovable property. riq
> modes by which particular facts may
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be proved.
(iii) the other next date will be for reply of the
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application of opposite party.

(iv) the third date for the disposing of such
es
application by court.
(v) no opportunity is given regarding date and
ot
procedure will be observed date to date, but

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it shall not affect the rights of the parties

in this regard.
Topic # 29
Page 48 of 68
EXAMINATION OF PARTIES
ORDER 10.
(i) At first hearing
(ii) Court to examine the parties for the purpose
of clarifying the pleading...

> such clarification made by ascertaining
ik
that whether allegations are admitted
al
or denied. (rule 1)
> for that purpose the court may adopt
M
the procedure as,,,,, (rule 1A)
(a) conduct preliminary proceeding. riq
(b) issuance of commission.
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(c) adopted the method of disputed
resolution (section 89A)
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(all proceeding conducted under this rule,

after giving opportunity, if not appear, the
es
court may pass any order or pronounce

judgment accordingly.. (rule 4)
ot
(iii) Such clarification may be made by oral

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examination of party or by his pleader who

accompanied with facts (rule 2)
(iv) The court shall record the whole
proceeding and substance of such
examination in writing.... (rule 3).

Page 49 of 68
Topic #30
PRODUCTION, IMPOUNDING
AND
RETURN OF DOCUMENTS
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ORDER....13
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(i) Parties, at first hearing, produced all the
documentary evidence and other materialriq
objects on which they intend to rely... and
other party called upon to admit or deny...
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(rule 1).
(ii) When any such document is admitted in
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evidence, particulars (names,number,title,

etc) endorsed and signed by court. ( rule 4).
es
(iii) If document related to Banking record, then

the procedure followed as BBE ACT 1891,
ot
and returned the same to same person

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after procedure. (rule 5)

(iv) If any document required to be impounded
the court may order the same ( rule 8)
(v) The court may return the document after
taking receipt if,,,, (rule 9)
> if appeal is not allowed.
> appeal allowed but time elapsed.
Page 50 of 68
> if appeal preferred and disposed off.

(vi) if any document is rejected as irrelevant
or inadmissible in evidence, the court
endorsed the same. (rules 3, 6)
(vii) if any document is not produced under rule
1, it can be produced at any subsequent
stage if any good cause arises for non
production and court satisfied. ( rule 2)
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Topic # 31
M
FRAMING OF ISSUES. riq
Ta
ORDER 14.
after reading the plaint and written statement, if it appear
By
necessary, assertion upon what material propositions of

fact or of law the parties are at variance, the court
thereupon proceed to frame and record the issues .
es
1 issues framed on basis of material

ot
enumerated in rule 3, as with regard to law

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and fact as defined in sub r ule (2).

2 The court is not bound to frame of issues
regarding matters which are not denied.
3 Where an issue of law being decided without
recording evidence is raised the court is
bound to decide such issue first. (rule 2).
4 Court may issue all or any of the following
Page 51 of 68
materials as referred in r ule 3.

> allegations made by parties on oath or
or person on behalf.
> allegations in pleadings, or answers to
interrogatories delivered in suit.
> content of documents produced by any
party to the suit.
5 For the purpose of appropriate issues, the
ik
court may examine witnesses or document
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before framing issue. ( rule 4)
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6 Court may at any time before passing a
riq
decree can amend or strike out issues or
frame additional issues, even at appellate
Ta
stage. (rule 5)
7 Parties are also allow for adjustment or
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compromise regarding agreement for

obtaining opinion of the court on any issue
of fact or law as enumerated in (rules 6, 7)
es
(order 361 special case) and (order 233).

ot
8 Revision on non framing of issue.

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Topic # 32
DISPOSAL OF SUIT AT FIRST

HEARING
Page 52 of 68
Order 15.
> The court may dispose of the suits at first
hearing by pronouncing judgment if....
(i) parties are not at issues. ( rule 1)
(ii) one of several defendants are not at
issues with plaintiff. ( rule 2)
(iii) court satisfied that no further evidence
or any argument required. ( rule 3)
ik
(
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(iv) where summons has been issued but
M
parties fails to produce evidence.
(Its u/s 96) (rule 4). riq
Ta
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Topic # 33
SUMMONING
ot
N
AND
ATTEND TO GIVE EVIDENCE
ORDER 16.
1 After settlement issues the parties shall
Page 53 of 68
submit a list of witnesses whom they

propose to call, if not submit then should
show sufficient cause to court.
> whose names in list the court shall
issue summons to such witness. (R.2)
> the purpose, time, date etc should be
specified in summons. (rules 5,6,7,9)
> service of summons should be made
ik
under order 5. (rules 7A, 8)
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2 To whom the court issues summons, the
M
party pay expenses or sum of money to
riq
such witness or to any expert. (rule 2, 3).
> such expenses or traveling expenses
Ta
would defray by party.
> if party fails to pay or insufficiently pay
By
the court may attach property or order

to detain, close right of evidence. (R.4)
> when party show sufficient cause or
es
paid expenses the court may restore.

ot
3 Consequences where person to summons

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are properly served, fails to comply with,,,,

> if the court satisfied that such person
not appeared intentionally, then order
(i) of proclamation. {rule 10(2)}.
(ii) issue warrant. {rule 10(3)}.
(iii) attachment of property (rule 11)
(iv) impose fine upto RS. 2000 (R.12)
Page 54 of 68
(v) may pronounce judgment.(R. 20)

4 The court may on its own accord summons
as witnesses as stranger or whose name not
mentioned or not called by parties. (rule 14)
5 Appeal against orders for attachment u/r
(10, 13), and order of imposing fine (r. 12),
and against pronounce judgment (r. 20).
6 Revision where court improperly refuses
ik
to issues summons under rule 1.
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riq
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Topic # 34
ADJOURNMENTS
es
ot
ORDER 17.
N
1 At any stage of the suit if sufficient cause

arises the court may adjourn hearing.( R. 1)
2 the court may order with respect to the costs
occasioned by adjournment. ( rule 1)
3 If parties fails to appear on day fixed, the
procedure of order 9 shall apply. ( rule 2)
4 if parties fails to produce evidence of day
Page 55 of 68
fixed, the court may proceed to decide the

suit forthwith. (Rule 3)
3 if next day is holiday or more holidays, the
parties appears next following day. ( Rule 4)
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Topic # 35
HEARING OF SUITS riq

AND
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EXAMINATION OF PARTIES
By
ORDER 18.
es
"the general rule is that the person on whom the burden of

ot
proof lies should begin the hearing. Rule 1 provide that

N
plaintiff has right to began the hearing of suit unless (rule 1)

> defendant admit facts.
> facts which contends no relief seek
by plaintiff given right of began to
defendant.
1- on the day fixed the party have right to began
shall produce his evidence and other party
Page 56 of 68
after tha produced evidence but in whole. (r2)

2- when several issues lies and burden of prove
lies on other also, then two options as,,,(R3)
(i) wholly produce his evidence at once
by party beginning, or reserve it.
(ii) then if received it by way of answer of
in other evidence.
(Means that if there are several issues
ik
the party beginning, may produce all at
al
once or reserve some issues as taking
M
answers in other's evidence, if he also
not, the may produce after other party riq
evidence, and other may reply on it..)
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3- Evidence should be recorded in open court,
may be in english and can also be interpreted
By
in witness language if in any other.(rules 5,6,9)

4- if any objection arises on any question, it
decided by court decision. (Rule 11)
es
5- Court may at any stage of suit recall or

ot
examine witness whether on application of

N
any party or by sou motu.

(Rule 17, sec 151, order10 r 2, ord.16 rules 7,14)
Topic # 36
Page 57 of 68
JUDGMENT AND DECREE

ORDER 20.
1- JUDGEMENT. (rules 1-5)
(i) after completion of evidence, the court
shall fix the date of hearing for arguments
of the parties (not exceeding 15 days).
ik
(ii) when arguments heard, the court shall
al
notice (u/s 142) and on the day fixed for
pronouncing of judgment... (rule 1)
M
(time limit is 30 days)
riq
(iii) a judgment should be signed and can not
altered or added again and if any reference
Ta
it shall be specifically written. (rules 3,5)
2- DECREE. (rules 6-19).
By
(i) Contents of Decree..... (rule 6)

> it agree with judgement.
es
> number of suits.

> name and description of parties.
ot
> addresses of parties (rule 1-A)

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> particulars of claim.

> relief granted.
> determination of issues.
> amount of costs and its procedure of
proportionment.
> date of decree (rule 7)
3- DECREE IN PRE EMPTION SUIT. (rule 14)
Page 58 of 68
(i) when claim of preemption is decreed.

(ii) the court fix a day before which the
purchase money shall be paid and
possession granted.
(iii) if party failed to pay suit is dismissed.
(iv) if two or more parties in whose fever
claim decreed such procedure follow
ed
by all of them in his behalf. (rule 14-A)
ik
4- Certified copies of judgment and decree to
al
be furnished to parties (even to stranger) on
M
their application to court at their expenses.
riq
(rule 20), (for apl. judgement order 41,r 36)
NOTE.
Ta
Rules 9-19 related to decrees of different suits so for which required see
that rules.
By

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Topic # 37
ot
WITHDRAWAL
N
AND
ADJUSTMENT OF SUITS
ORDER. 23
Page 59 of 68
1- after institution suit, the plaintiff may

withdraw or abandon any portion of suit.
> There are two ways. (rule 1)
(a) with permission of court.
(b) without permission of court.
(i) if withdrawal with permission of court.....
> if court satisfied
> suit fails by formal defects
ik
> any sufficient cause arises
al
> file any fresh suit (limitation not apply).
M
(Rule 2) (art 14 limitation act 1908)
riq
(ii) if withdrawal without permission of court.
> all preceding procedure adopted but
Ta
plaintiff is precluded by fresh suit.
2-When any compromise affected or any
By
adjustment made two things necessary as,,,

(rule 3, section 96)
> firstly parties adjust the suit by lawful
es
agreement.
ot
> secondly the defendant may satisfy the

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plaintiff's claim.
>>>> PROCEDURE.
> if court satisfies then it record the
compromise and shall pass decree.
> consent decree is not appealable
u/s 96.
Page 60 of 68
Topic # 38
SUIT AGAINST OR BY MINOR

AND
UNSOUND MIND
ik
al
ORDER 32.
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"every suit by or against minor or unsound mind shall be
riq
instituted in his name by a person who in such suit shall be
called the next friend"
Ta
1- WHO MAY ACT AS NEXT FRIEND OR
GUARDIAN (rule 3, 4)
By
> any person if he is,,,,

> sound mind and major person.
es
> appointed by competent authority.

> minor's consent.
ot
> willing to act as guardian.

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2- FUNCTIONS OF NEXT FRIEND OR

GUARDIAN (rules 5,6,7,12,13).
(i) every suit instituted in minor name by
next friend. (rule 1)
(ii) if no next friend, plaint to be taken of
the file by defendant. (rule 2)
(iii) application for the suit made by next
Page 61 of 68
friend or gurdian (rule 5)

(iv) the next friend or guardian should take
leave of the court while doing. (rule 6,7)
> compromise
> suit of receiving any money.
> concerning movable property.
(if it without leave of court, then voidable)
(v) suit instituted by next friend and
ik
defended by guardian.
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3- RETIREMENT OR REMOVAL OF GUARDIAN
M
OR NEXT FRIEND. (rules 8,9,11)
riq
(i) court may order for retirement and app oint
any other person deemed fit. ( rule 8,11)
Ta
(ii) causes of removal of next friend. ( rule 9)
> adverse to minor interest.
By
> unable to perform duty.

> ceases to reside Pakistan.
> any other sufficient cause.
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4- WHEN MINOR ATTAINS MAJORITY,THEN ITS

ot
ON HIS CONSENT TO PROCEED PERSONALLY

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OR ACCORDINGLY. (Rule 12).

5- ALL THE PROCEDURE ADOPTED FOR
MINOR SHALL ALSO EXTEND IN CASE OF
UNSOUND MIND. (rule 15).

Page 62 of 68
Topic # 39
GUARDIAN-AD-LITEM

ORDER 32. Rules 3,4.

"Guardian appointed for the purpose of whole
litigation including appeal or execution"
1- When defendant is minor.
ik
2- Court satisfied that there should be a
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guardian.
M
3- The minor shall provide a list of his relatives
or other person with address in court. riq
4- The court shall appoint any person as
guardian.
Ta
5- When their is no application for guardian the

court itself appoint any suitable person as.
By
6- A guardian-ad-litem is not a party to suit or

in appeal.
es
7- A guardian-ad-litem deals with whole

proceedings as defendant.
ot
8- If minor sues without a guardian-ad- litem

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and decree passed against him would be

nullity and cannot be enforced.
9- But where next friend or guardian for suit has
been guilty of fraud or collusion in allowing
the decree to be passed against him, then
minor may impeach such decree by a suit.
10-Qualifications for appointment of guardian
Page 63 of 68
in rule 4. (see post on order 32)

11-Retirement and Removal of guardian-ad
-litem as given rule 11. ( see post on ord. 32))
ik
Topic # 40
al
SUIT BY PAUPERS
M
ORDER 33.
riq
"A person is a pauper when he is not possess of sufficient
Ta
means to enable him to pay the fee prescribed by law. A suit

by such person is called a suit in forma pauperis"
By
1- INSTITUTION OF SUIT AS FORMA PAUPERS.

(i) when permission given,,,, (rule 1)
es
> applicant not possessed fee.

ot
> applicant possessed fee but

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insufficient.
(ii) application composites on documents
consisting as leave to sue. ( rule 3)
(iii) the court shall examined such application
with in person or agent or through
commission. (rule 4)
Page 64 of 68
2- REJECTION OF APPLICATION... (rule 5)

> if application not duly persented.
> applicant is not pauper.
> if he deposed any property fraudulently
within two month of institution.
> if he entered into an agreement with
ik
third party regarding subject matter.
al
> suit barred by law.
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3- PROCEDURE ON APPLICATION. (rules 7,8)
(i) notice to govt and other party (10 days)
riq
(ii) on fixed day court shall examine
Ta
witnesses and hear arguments and
finally decide the application. (rule 7)
By
(iii) if application accepted, plaintiff liable to

to others services expenses. (rule 8)
es
4- IF PAUPER SUCCEEDED IN SUIT.

ot
> the court order to pay court fee after

N
calculation. (rule 10)

> for court fee, the provincial govt. may
also apply (rules 12,13)
> if not paid it is recovered as arrear of
land revenues. (rule 14).
5- DISPAUPERING. (rules 9,11,11-A,)
Page 65 of 68
(i) appear guilty of vexatious or improper

conduct.
(ii) ought not to continue sue.
(iii) entered in agreement regarding
subject-matter.
(iv) death of plaintiff. ( rule 11-A).
ik
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Topic # 41
M
SUMMARY PROCEDURE riq
ON
Ta
NEGOTIABLE INSTRUMENT
By
ORDER 37.
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1- SUITS RELATING TO NEGOTIABLE

INSTRUMENT. (rule 2)
ot
> bill of exchange

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> hundies
>promissory note.
>cheque.
2- JURISDICTION OF COURTS.
> district court.
Page 66 of 68
> subordinates courts of 1st class.

3- PROCEDURE ADOPTED BY COURTS UNDER
ORDER 37. (rule 2)
(i) plaintiff instituted suit by presenting plaint
(ii) court shall issue summons.
(iii) before appearance by defendant require
ik
to obtain leave to defend.
al
(within 10 days )
M
(iv) if court granted him leave to defend
then next procedure adopted. riq
(v) if not granted or he not appeared for, the
Ta
court may pass ex parte decree and it
may be executed forthwith.
By
(vi) if ex parte decree passed, and after that

within limitation period defandant apply
es
for set aside. (rule 5)

ot
(vii) the court if satisfied under special

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circumstances or with sufficient cause

set aside it and proceed accordingly.( r4)
(viii) if leave to defend under rule 2 granted
the court may order to deposited to
officer of court for security. ( rule 5)
Page 67 of 68
Topic # 42
INJUNCTIONS
ORDER 39 (rules 1-5) sec 94.
ik
"an injunction is a judicial process whereby a party is ordered
al
to do or to refrain from doing a particular act, and as such
M
can be either be mandatory or prohibitory in nature"
1- CASES IN WHICH TEMPORARY INJUNCTION riq
MAY BE GRANTED. (rule 1)
Ta
(i) when suit is proved by affidavit or
otherwise as,
By
> property in danger of being wasted

> damaged
> alienated
es
> wrongly sold in execution of decree

ot
> threatened, intends to remove the

property with a view to defraud.
N
(ii) cases in which temporary injunction

may be granted. (rule 2)
> to prevent breach of contract
> to prevent injury of any kind.
2- CONDITIONS FOR GRANTING INJUNCTION.
(i) prima facie case.
Page 68 of 68
(ii) irreparable loss.

(iii) balance of inconvenience.
3- PROCEDURE OF GRANTING INJUNCTION.
> shall be issued notice to other party
>if not appear the court may grant.
4- EFFECTS OF INJUNCTION.
(i) in case of disobedience.
> contempt proceedings
ik
>prison for term one year.
al
> attachment of property being sold.
M
> any other compensation.
4- PERIOD OF INJUNCTIONS. riq
> it may be different in different situations
Ta
>may be till final order.
> may be six month or one year
By
> may be perpetual.

es

ot

N
Page 1 of 22

Facebook Group Name Judicial Exam + Notes
Admin Hamid Yar Hami.

Page 2 of 22
.................................Notes by Tariq Malik..............................
SPECIFIC RELIEF ACT 1877

(i) it passed on 7th Feb, 1877.
(ii) it comes into force on 1st May, 1877.
ik
(iii) it extend to all the provinces of Pakistan.
al
(iv) specific relief act deals with...
M
> preventive relief (sec 5, 6,52 to 56 )
riq
> recovery of possession of immovable
and moveable property (sec 8 to 11)
Ta
> performance of contract. (12 to 20)
By
> rectification of instrument(sec 31 to 34)
> rescission of contract (sec 35 to 38)
es
> cancellation of instruments (sec 39 to 41)
ot
> declaratory decrees (sec 42 and 43)
N
> appointment of receiver (sec 44)
> as to preventive relief, the act deal with
temporary and perpetual injunctions.
( sec 52 to 57).Specific Relief Act 1877
Page 3 of 22

Topic # 1
ik
al

M
Sections 8, 9, 10, 11.

riq
1 RECOVERY OF SPECIFIC IMMOVABLE PROPERTY.
Ta
(sec 8)
By
(i) there must be immovable property.
es
(ii) person entitled to possession.
ot
(a) person holds of title to property.
N
> an owner.
> a mortgagor.
> a mortgagee.
> a trustee.
Page 4 of 22
> a beneficiary.
(b) person who merely entitled to possession.
> tenants.
> lessees.
(iii) recovered manners prescribed by cpc.
(a) bring a regular suit for ejectment.
ik
(b) obtain decree from court.
al
(c) execution of decree.
M
(d) obtain possession riq
(Or. 21,rules 35, 36)
Ta
>> (if property is moveable, same
procedure should be adopted as laid
By
by section 8 as above). (section 10)
es
2 RECOVERY OF POSSESSION OF IMMOVABLE

ot
N
PROPERTY BY PERSON DISPOSSESSED. (sec 9)
(i) the plaintiff was in possession of
property.
(ii) he was dispossessed.
Page 5 of 22
(iii) such dispossession against his
consent.
(iv) dispossession within six months.
(art 3 of schedule 1, limitation act)
(v) such dispossession not by law.
(vi) it provides summary remedy.
ik
(vii) no appeal, no review, but revision lie.
al
3 LIABILITY OF SUCH PERSON WHO IS IN
M
POSSESSION BUT NOT OWNER. (sec 11)
riq
Ta
(i) if a person who having the possession of
of property but not real owner, the he may
By
compelled to deliver such property to
such person who have entitled of it when..
es
> possession by way of trust.
ot
> compensation in money considered
N
not adequate relief.
> difficult to ascertain actual loss.
> possession wrongfully transferred.
Page 6 of 22
Topic # 2
ik
al
M
riq
Ta
Sections (12, 21, 23, 27, 28)...SRA 1877.
By
"specific performance of contract is its actual execution according to
its stipulations and terms and is contrasted with damages or

es
compensation for the non-execution of the Contract .

ot
contract."
N
1 CASES IN WHICH CONTRACTS MAY BE
SPECIFICALLY ENFORCED. (sec 12)
(i) contract of a trust.
Page 7 of 22
(ii) where no standard of ascertaining
damages.
(iv) when pecuniary compensation is no
adequate relief.
(v) where pecuniary compensation cannot be
got.
ik
(vi) relief is discretionary with court.
al
2 CASES IN WHICH CONTRACTS ARE NOT
M
SPECIFICALLY ENFORCED.. (section 21)
riq
Ta
(i) when compensation in money is adequate
relief.
By
(ii) when contracts depending upon personal
skills. (singer, painter, etc)
es
(iii) contracts depends upon numerous detail.
ot
(iv) where court finds uncertainty in contract.
N
(v) when contract is revocable.
(vi) contract made in excess of powers or as
breach of trust.
(vii) contracts made in excess of powers by
Page 8 of 22
the corporations.
(viii) contract involves performance of
continuous duty.(longer than 3 years)
(ix) when material part of contract ceases to
exist.
(x) where contracts of arbitrations.
ik
3PERSONS WHO MAY OBTAIN SPECIFIC
al
M
PERFORMANCE OF CONTRACT. (sec 23).
(i) a party to contract.
riq
Ta
(ii) persons who are representative in interest
of contract.
By
(iii) person entitled as beneficially in contract
(iv) contract enforced by remainder man.
es
(v) a reversioner in possession.
ot
(vi) amalgamated company.
N
4AGAINST WHOM A CONTRACT MAY BE
SPECIFICALLY ENFORCED. (section 27)
Page 9 of 22
(i) either party to contract.
(ii) any person claiming under original party
by title. (except transferee)
(iii) person claims under the title of contract.
(iv) specific performance against company.
(v) when promoters of public company
ik
entered into a contract. (company)
al
5AGAINST WHOM A CONTRACT CANNOT BE
M
SPECIFICALLY ENFORCED. (section 28)
riq
Ta
(i) where is inadequate consideration.
(ii) where assent obtained misrepresentation.
By
(iii) when assent given under the influence of
mistake by party.
es

ot

N

Page 10 of 22
Topic # 3

Sections (31,32,33,34)....... SRA 1877.
ik
al
"rectification means correction of an error in an instrument in order
M
to give effect to the real intention of the parties"
riq
1IMPORTANT REQUISITES FOR RECTIFICATION....
Ta
(sec 31)
(i) should be an agreement b/w Parties.
By
(ii) agreement shows final intention of
es
parties.
ot
(iii) such intention purports by any
N
instrument.
(iv) there should be mistake or fraud in
farming such instrument.
(v) the instrument sought to be rectified
Page 11 of 22
must not in accordance with intention of
parties.
(vi) no any other alternative remedy.
(vii) limitation for filing of suit for rectification
Is three years. (from date of fraud etc)
(viii) right of grant of relief by rectification
ik
must be proved.
al
2 WHO CAN SEEK RECTIFICATION. (sec 31)
M
> any party to contract. riq
> any representative in interest.
Ta
3WHICH INSTRUMENT CAN BE RECTIFIED.
By
> decree of court.
> contracts
es
> conveyances.
ot
> settlements.
N
> acknowledgments.
> leases.
Page 12 of 22
4 PRESUMPTION AS TO THE INTENT OF PARTIES.
(sec 32)
> where contract in writing is being
rectified.
> the court satisfied that parties to
ik
agreement intended to make it.
al
5 PRINCIPLES OF RECTIFICATION. (sec 33)
M
> the court while rectifying a written
riq
instrument, may inquire it by its
Ta
intention and its legal consequences.
6 SPECIFIC PERFORMANCE OF RECTIFIED
By
CONTRACT. section 34.
es
> firstly contract is rectified the enforced.
ot

N

Page 13 of 22

Topic # 4
ik
al

M
riq
Sections (42,43)... SRA 1877.
Ta
"its a pronouncement of a legal character or to any property which

By
is denied by the defendant or in denying which the defendant is
interested"
es
>>> A Declaratory decree is a mode of relief
ot
where there is no specific performance
N
and no award of compensation, and this is
only remedy to declare rights.
>>> A Declaratory suit is one in which the court
prefaces the decree by declaration of right
Page 14 of 22
or title or matter of fact introductory to the
relief.
1PROCEDURE AND PRINCIPLES APPLICABLE FOR
DECLARATION.(section 42)
(i) plaintiff entitled to legal character or
ik
right to property.
al
(ii) any person denying or interested to
M
deny.
(iii) existence of present danger.
riq
Ta
(iv) no further relief.
(v) its a discretionary relief by court.
By
(vi) no court shall make any declaration
if plaintiff able to seek further relief.
es
2 WHO MAY SUE AND AGAINST WHOM SUIT CAN

ot
N
LIE.
(i) who may sue........
> any person entitled to any legal
character.
Page 15 of 22
> any person have right in property.
(ii) against whom may lie.
> any person denying or interested
to deny such character or right.
3 DECLARATION WHEN REFUSED.
> when litigation is vexatious.
ik
> where evasion of court fee.
al
M
> multiplicity of suits.
4 WHAT IS EFFECT OF DECLARATION.(sec 43)
riq
Ta
>>> its bindings on.
> parties to suit.
By
> persons claiming through them.
> trustees.
es
ot

N

Page 16 of 22
Topic # 5
ik
al

M
riq
Sections (35,36,37,38).... SRA
Ta
"means putting an end to a contract and make it null and void ab
initio"
By
1 WHEN RECESSION MAY BE ADJUDGED.(35)
es
(i) where is contract voidable.
ot
(ii) where is contract terminable.
N
> by plaintiff.
(iii) where is contract is unlawful.
> for causes not apparent on its face.
> both parties not equally at fault.
Page 17 of 22
> defendant blame more than plaintif.
(iv) default in fulfilling the terms of decree.
(v) it may be adjudged with leave of court.
2 GROUNDS FOR RESCISSION.
> mistake
ik
> misrepresentation.
al
> constructive fraud.
M
> fraudulent misrepresentation.
riq
3 PERSONS ENTITLED TO ASK FOR RESCISSION.
Ta
> parties to contract.
By
> legal representatives.
> parties interested in the contract.
es
> members of joint Hindu family.
ot
4 ALTERNATIVE PRAYER FOR RESCISSION.(section

N
37).
> when rescission asked as alternative
to specific performance.
Page 18 of 22
> if court refuses specific performance.
> court may order for rescission.
5 COURT MAY REQUIRE PARTY RESCINDING TO DO
ENQUIRY.
> the court may require the party to whom such relief granted.
ik
> for the requirement of justice.
al
> to make any compensation to other
M
Party.

riq
Ta

By

es
ot

N

Page 19 of 22
Topic # 6

ik
al
M
riq

Ta
Section (52 to 56).... SRA 1877.
"an injunction is a judicial process whereby a party is ordered to

By
refrain from doing or to do a particular act or thing"

es
1 KINDS OF INJUNCTIONS. (section 52)
ot
(i) Temporary injunction are such as are to
N
continue until a further order of court,
they may be granted at any period of suit
and are regulated by the CPC.(sec 53)
(ii) Perpetual injunction are those which
Page 20 of 22
finally disposes of the suit and is infinite
in point of time.
2GRANT OF TEMPORARY AND PERPETUAL
INJUNCTION. CONDITIONS.
(i) Grant of temporary injunction.
ik
> prima facie case.
al
> irreparable damage or injury.
M
> balance of convenience.
(ii) Grant of perpetual injunction.
riq
Ta
> to prevent the breach of obligation
exits in favour of plaintiff.
By
> prevent the breach of obligation
arises from court.
es
> prevent the invasion or threat of
ot
invasion to plaintiff right or the
N
enjoyment of property.... when
(a) defendant is trustee
(b) when no standard for ascertain
actual damages.
Page 21 of 22
(c) where pecuniary compensation
is not adequate relief.
(d) prevent the multiplicity of judicial
proceeding.
3WHEN PERPETUAL INJUNCTION CANNoT BE
GRANTED.. (section 56).
ik
al
(i) when it for stay of judicial of proceedings
M
(ii) stay proceeding of a court not subordinate
riq
to court from which Injunction is granted.
Ta
(iii) to restraint person applying to any
legislative body.
By
(iv) to interfere with the public duties of any
department.
es
(v) to stay proceeding in any criminal matter
ot
(vi) to prevent breach of contract.
N
(vii) to prevent a nuisance.
(viii) to prevent a continuing breach.
(ix) when efficacious relief can be obtained.
(x) conduct likely to disentitle.
Page 22 of 22
(xi) plaintiff having no interest in subject
matter.
4 PERIOD OF GRANTING TEMPORARY AND
PERPETUAL INJUNCTION.
(i) it can be granted at any period of suit
ik
and remains in force till date of
al
hearing.
M
(ii) it is granted after the trial when the
plaintiff has established his case and
riq
Ta
on the merits of the case

By

es

ot
Facebook Group Name Judicial Exam + Notes

N
https://www.facebook.com/groups/118008731877380/
(more than 11 thousand members till 21st September 21016
Admin Hamid Yar Hami.

Page 1 of 15
Page 2 of 15
LIMITATION ACT 1908

"The controversies should be limited to a fixed period of
time lest they should be immortal while men are mortal
(John Voet)"
(i) Act was passed on 7th august 1908.
(ii) The section portion came into force on 7th August 1908.
(iii) The rest part of this act came into force on
1st January 1909.
ik
(iv) It extend to whole of pakistan.
al
(v) It provides the limitation of,,,
M
> suits
> appeals *Notes by Tariq Malik*
riq
> certain applications to court.
Ta
(vi) It also provides rules for acquiring by

possession the ownership of easements
by
and other property.

.................................. Tariq Malik..............................
e s
ot
N
Topic # 1
OBJECT
"The object of law of limitation is to regulate the courts and manners
for providing relief or remedy, within certain regulated period by the
statute which governs the suits. If in the relevant statutes there is a
legal vacuum not providing the manner as to how the statutory period
Page 3 of 15
would be computed in fulfilling a statutory legal formality or

obligation within the specific time, then which always the wisdom
under the to meet the legal requirements under the general law which
is correlated with the statute"
.................................. Tariq Malik..............................
Topic # 2
LAW OF LIMITATION OBJECT
ik
al
M
AND REASONS riq
(i) PREAMBLE.
Ta
Law of limitation cannot be considered merely formalities but same is required

to be observed and taken into consideration being mandatory in nature. It
by
expedient to consolidate and amend the law relating to limitation of suits,

appeals and certain applications of suits. {Notes by Tariq Malik }
e s
(ii) CONCEPT.
ot
Law of limitation sets out rule of governance and administration which have
N
the effect of preventing court of providing legal redressed even when such
rights subsists.Question of limitation is mixed question of law and fact.
(iii) RULE OF PROCEDURE.
It is a rule of procedure and a branch of adjective law. It govern the process of
litigation and limits the time after which a suit or other proceedings cannot be
maintained in a court of law. {Notes by Tariq Malik }
Page 4 of 15
(iv) LIMITATION NOT CONDONABLE

IMPLIEDLY.
Mere disposal of a case or appeal on merits is not sufficient to lead to an
inference that the delay has been condoned. There must be something in the
order or judgement itself to show the court concerned was conscious of the fact
that the proceedings were out of time and had applied its mind to the question
of limitation before dealing with merits.
(v) BURDEN OF PROOF.
ik
When a person brings a suit and his claim is denied by the other party, it is his
al
duty to show that the suit is instituted within prescribed period of time.
M
(vi) OBJECT.
riq
The object of law of limitation is to regulate the courts and manners for
providing relief or remedy, within certain regulated period by the statute
Ta
which governs the suit. It does not create or define causes of action but simply
to prescribe the period within which existing rights can be enforced in courts
by
of law. The principle of the act is not enable suits to be brought within certain
s
period, but to forbid them from being brought after periods, each of which
e
definite event.
ot
(vii) DOES NOT CREATE ANY RIGHT.

N
> Law of limitation does not create any right
but a remedy. {Notes by Tariq Malik }

> where no limitation is provided for certain
actions which impairs vested rights then
courts is empowered to impose reasonable
limitation for carrying such actions.
Page 5 of 15
> The limitation cannot be extended by

analogy or reference to proceedings to
which they do not expressly apply by
necessary implication.
> When question of limitation is raised it is
decided through limitation act unless
contrary arises in Act itself. {Notes by Tariq Malik }
> When time fixed by a statute, the court has
no power and discretion at all to enlarge or
extend such time, unless it is provided
ik
al
Otherwise.
M
.................................. Tariq Malik............................
riq
Topic # 3
Ta
SECTION (5) & SUFFICIENT

by
CAUSE
e s
It is generally provided as every suit instituted, appeal preferred and

ot
application made after the period of limitation prescribed therefor by the first
N
schedule shall be dismissed although limitation has been set up as a

defense.(sec 3).
1- EXCEPTION TO THIS GENERAL RULE.(sec 5)
If any appeal or application for a revision or review of judgment or for leave to
appeal or any other application to which this section may be made applicable by
or under any enactment for the time being in force may be admitted after the
period of limitation prescribed therefore when the appellant or applicant
satisfies the court that he had sufficient cause for not preferring the appeal or
making the application within such period. {Notes by Tariq Malik }
Page 6 of 15
2- PROCEDURE FOR APPLICATION U/S (5).

(i) party seeking relief should make an
application. {Notes by Tariq Malik }
(ii) the court can take any certain case as
suo motu.
3- CASES IN WHICH APPLICATIONS CAN BE
MADE U/S (5).
> appeal
> review
> revision {Notes by Tariq Malik }
ik
> leave to appeal.
> any other application.
al
4- GROUNDS IN WHICH DELAY CAN BE
M
CONDONED.
riq
(i) SUFFICIENT CAUSE
"sufficient cause means that cause which is beyond the control of a party is
Ta
sufficient cause, it is a question of fact, which varies from case to case and
ultimately it would be rest on decision of court and it should receive liberal
by
construction so as to advance cause of substantial

justice. Parameters of each case would
s
primarily be on its own facts which would

e
have to be taken into consideration for

ot
determining as to whether sufficient cause

N
is shown or not.
(ii) INSTANCES OF SUFFICIENT CAUSE.
> Bona fide presentation of appeal to
wrong court.
> Medical ground. { Notes by Tariq Malik }
> not issuing of notice for announcement of
judgment.
> valuable of rights of inheritance
involved.
Page 7 of 15
> Failure of execution court to dispose of

question.
> Delay in jail appeal.
(iii) INSTANCES OF NOT SUFFICIENT CAUSE.
> Change of advocate.
> Quantum of delay not known.
> Wrong advice of counsel.
> Death of relatives.
> Illness of council.
> Mere absence from pakistan.
> Closure of registry branch of SC.
ik
> Ex parte condonation.
al
(NOTE) Petitioner is bound to explain delay of
M
single day in order to ensure benefit of
these section. {Notes by Tariq Malik }
riq
5- where period of limitation is prescribed
Ta
expires court's holiday, it may be instituted

on that day the court re open... (section 4).
by
6- EXERCISE OF DISCRETION WITH

SUFFICIENT CAUSE.
s
> Question whether limitation should or

e
ot
should not be condoned lies within

discretion of authority before whom a matter
N
is agitated. This discretion cannot be

interfere with unless has been exercised
illegally or arbitrarily.
.................................. Tariq Malik..............................
Topic#4.
Page 8 of 15
COMPUTATION IN CASE OF
LEGAL DISABILITY
sections (6,7,8)..... limitation act 1908.
.
" the rights of infants, minor or idiots are much favoured in
law, their laches are not allowed to be presumption that they
are not capable of taking notice of the rules of law so as to
be able to apply them to their advantage, hence by common
law, they are not bound for want of claim and entry within
years and a day, nor they are bound by statute of limitation,
ik
Provided they prosecute their rights within the time allowed
al
by the statute after the impediment is removed... (Bacon's
M
Abridgment)" {Notes by Tariq Malik }
riq
1- INGREDIENTS OF SECTION (6).
(i) lt deals with legal disability of a person
Ta
entitling him to institute suit within the

same period after the disability ceased.
by
(ii) Such legal disability to a person.

> minor
s
> insane
e
> idiots.
ot
(iii) They are entitled to sue but not due to that

N
disability....
> can sue when disability ceases.
> if two disabilities, can sue when both
the disabilities ceases.
> if in case of death, it started when
death is affected.
> if any representative become party and
disability arises, it started when such
disability ceased.
Page 9 of 15
(iv) it is necessary that the disability exists at

the time from which the period of limitation
is to be reckoned......... {Notes by Tariq Malik }
> this reference to initial and
subsequently disability and if the
period of limitation has already
started running before the cause of
action accrues to the minors this sec
can be of no avail to them.
(v) this section is applicable to suits and to
the applications only and not to appeal.
ik
(vi) section 6 is only applicable when the
al
disability in existence at the time when the
limitation begins to run but the time is not
M
saved where disability does not exist at the
riq
period on which limitation begun to run.
(vii)the burden of proving that the said is
Ta
within time rests heavily on the plaintiff. {Notes by Tariq Malik }

2- DISABILITY OF ONE OF SEVERAL
by
PLAINTIFFS OR DEFENDANTS. (section 7)

> if there are several person are under
e s
disability if any of them is able to discharge

ot
then limitation will run against all.

> if there are several person and all are
N
under disability, no one is capable of doing

discharge, then time will run then when
disability has ceased. { Notes by Tariq Malik }
3- LIMITATION PERIOD AFTER THE
CESSATION OF DISABILITY. (section 8)
> the total limitation period after the
cession of disability is (3) years.
Page 10 of 15
4- COMBINED EFFECT OF SECTIONS (6,7,8)

> these sections are supplementary to each other and not mutually exclusive, so
far as section 6 is concerned, it is controlled by section 8 which serves as an
exception to sections 6,7. the combined effect of sections 6 and 8 is where the
ordinary period of limitation expires before the attainment of majority, the
minor will not doubt be entitledto a fresh starting point of limitation from the
attainment of his majority, but in no case the period extended by section 6 shall
by virtue of section 8, exceed three years
from the attainment of majority.
{Notes by Tariq Malik }
ik
.................................. Tariq Malik..............................
al
M
Topic#5.
riq
CONTINUOUS RUNNING OF
Ta
TIME
by
section (9)....... limitation act 1908.

.
"where once time has begun to run, no subsequent disability
e s
or inability to sue stop it" {Notes by Tariq Malik }

ot
it is founded on the general principle that when once limitation has

N
commenced to run it will continue to do so unless it is stopped by virtue of any

express statutory provisions.
1- IMPORTANT POINTS/INGREDIENTS
(i) Section 9 of limitation act 1908 is founded on the general principle that when
once limitation has commenced to run it will continue to do so unless it is
stopped by virtue of any express statutory provisions.
(ii) In such case no subsequent disability or inability to sue will stop running of
limitation
Page 11 of 15
(iii)A saving has been made in the proviso stipulating that where letters of
administration to the estate of a creditor have been granted to his debtor, the
running of the time prescribed for a suit to recover the debt shall be suspended
while the administration continues.
(iv) Unless a case comes within any one of exception contained in sections 4 to
25 of the limitation act, there is no exemption from the bar of limitation arising
under this act. {Notes by Tariq Malik }
(v) Negotiations for amicable settlement may not suspend the running of
limitation.
(vi) Where a decree holder dies without getting the execution of the decree, the
ik
time taken by the executor for obtaining probate of the will cannot be excluded
al
in computing the period of limitation.
(vii) Section 9 is applicable to both suits and to Applications. { Notes by Tariq Malik }
M
riq
Ta
.................................. Tariq Malik..............................

by
s
Topic#6.
e
ot
DISTINCTION B/W SEC 5 & 14

N
Section (5).
"Any appeal or application for a revision or a review of
judgment or for leave to appeal or any other application to
which this section may be made applicable by or under any
enactment for the time being in force may be admitted after
the period of limitation prescribed therefor, when the
appellant or applicant satisfies the court that he had
sufficient cause for not preferring the appeal or making the
application within such period"
Page 12 of 15
1- ESSENTIALS INGREDIENTS OF SEC (5).

> it applies to appeal, application, review of
judgment or leave to appeal or any other
application. {Notes by Tariq Malik }
> there must be sufficient cause for the
delay.
> it is discretionary in nature.
> the application should accompany
affidavit of the fact.
SECTION (14).
"In computing the period of limitation prescribed for any suit the time during
ik
which the plaintiff has been prosecuting with due diligence another civil
al
proceeding, whether in a court of first instance or in a court of appeal against
M
the defendant/other party, shall be excluded, where the proceeding is founded
upon the same cause of action and is prosecuted in good faith in a court which
riq
from defect of jurisdiction, or other cause of a like nature, is unable to entertain
Ta
it"
1- ESSENTIAL INGREDIENTS OF SEC (14).
by
> the plaintiff has been prosecuting another

civil proceeding against the defendant.
s
> he has been prosecuting it with due

e
diligence.
ot
> this proceeding is founded upon same

N
cause of action. {Notes by Tariq Malik }

> it is prosecuted in good faith.
> it does not bear fruit because the court is
unable to entertain it due to defect of
jurisdiction or other cause of a like nature.
* DISTINCTION BETWEEN SECTION 5 &14.
(i) APPLICATION.
> it applies to appeals and applications.
Page 13 of 15
> it applies to suit and applications.

(ii) SUFFICIENT CAUSE.
> showing of sufficient cause is necessary.
> showing of sufficient cause is not
necessary.
(iii) DISCRETION.
> it is discretionary in nature.
> it is mandatory in nature.
(iv) NON APPLICATION.
> it does not apply to suits.
ik
> it does not apply to appeals.
al
(v) EXTENSION OF TIME.
M
> it can not be claimed as matter of right.
> it can be claimed as matter of right.
riq
(vi) EXCLUSION OR EXTENSION.
> in which time extended.
Ta
> in which time excluded. {Notes by Tariq Malik }
(viii) INVOKING OF PROVISION.

by
> it can be invoked where appeal or

application was time barred.
e s
> it can be invoked where suit had been

ot
pursued in the wrong forum. { Notes by Tariq Malik }

N
.................................. Tariq Malik..............................
Topic#7
ACKNOWLEDGEMENT
Section 19...... limitation act 1908.
Page 14 of 15
.
"An acknowledgment is an admission by the writer that there
is a debt owed by him, it must be conscious and distinct
admission of an existing liability or jural relations between
the parties but there is nothing in law to require that an
acknowledgment should be express, it may be implied
provided the implication is a necessary implication so as to
render the acknowledgment clear and unequivocal. It may be
added that acknowledgment need not specify every legal
sequence of the thing acknowledged"
(1982 CLC 1675).
1- ESSENTIAL CONDITIONS FOR A VALID
ik
ACKNOWLEDGMENT.
al
(i) acknowledgment under this section must be in writing an oral
M
acknowledgment is not
riq
sufficient. {Notes by Tariq Malik }
(ii) an acknowledgment of liability under this section must be signed by the
Ta
person
making acknowledgment or by his agent.
by
(iii) acknowledgment is not required to be made to the creditors or the person

entitled to
s
the right or property it may be made to any person.

e
(iv) an acknowledgment of liability must be in respect of particular property or

ot
right
N
claimed in suit. {Notes by Tariq Malik }

(v) the acknowledgment must be an acknowledge of liability that is must be
sufficient
admission of subsisting liability.
(vi) an acknowledgement receipt must be given after the expiry of the period of
limitation
as under the provision of section 19 of the limitation act acknowledgment must
be before the expiration of the period prescribed.
(v) the acknowledgment must be accepted or rejected as a whole.
Page 15 of 15
(vi) the authority of the agent to make an acknowledgment on behalf of another

may be special or general it may be express or implied and may be presumed
from attendant circumstances. {Notes by Tariq Malik }
2- EFFECTS OF ACKNOWLEDGMENT... u/s 19.
acknowledgment of liability does not constitute a new contract, this section is
not based upon the theory of implied promise. It also does not confer any right
or title on theperson whose right is acknowledged but merely extends
limitations.it simply an admission of truth of one's liability. There is no specific
form of admission. { Notes by Tariq Malik }
3- ONUS OF PROOF OF ACKNOWLEDGMENT.
the onus of proving that a suit is sound from the bar of limitation on account of
ik
acknowledgment of liability is on the plaintiff and he must given cogent proof
al
of his allegations in order to sustain the plea of acknowledgment raised by him.
M
4- WHO CAN MAKE AND AGAINST WHOM
riq
ACKNOWLEDGMENT CAN BE MADE.
> It may be completely made either
Ta
personally or by agent duly authorized. { Notes by Tariq Malik }

> An acknowledgment to whomsoever made
by
is a valid acknowledgment, if it be
acknowledgment pointing out with
s
reasonable certainty to the liability in dispute

e
or the rights out of which liability arises as a

ot
real consequence.
N
{Notes by Tariq Malik }

Page 1 of 21
Topic # 1
SOURCES
OF
ISLAMIC LAW
ik
al
M
Primary sources of Islamic law. iq
r
>THE QURAN.
Ta

> THE SUNNAH.
> IJMA.
By
> QIYAS.
Other important sources of Islamic law.
es
ot
> IJTIHAD.
N
> ISTIDLAL.
> ISTEHSAN.
> CUSTOMS & USAGES.
> JUDICIAL DECISIONS.
> LEGISLATION.
> JUSTICE, EQUITY, AND GOOD CONSCIENCE.
1.QURAN
Page 2 of 21
"The Quran is the book revealed to Messenger of ALLAH, Hazrat

Muhammad (P.B.U.H) as written in masahif and transmitted to us
from him through an authentic continuous narration
without doubt"
(i) its first source of islamic law.
(ii) it decide all disputes in accordance with
laws as laid therein.
(iii) "verily ALLAH neglected nothing in His law"
(iv) its complete code of life.
(v) its foundation head of all knowledges.
(vi) its beyond from doubt and uncertainty.
ik
(vii) its points out the duties of man with
al
regard to ALLAH.
M
(viii)"so Prophet pbuh judge among them by
what ALLAH has revealed. (Al Maidah 48)"
iq
2- SUNNAH.
r
Ta
"Sunnah is as what was the transmitted from from Messenger of

ALLAH(P.B.U.H) of his word,
acts, and approvals"
By
(i) it may be Qawali, Faili, or Taqriri.

(ii) "he who obeys The Holy Prophet (P.B.U.H)Obeys ALLAH"
es
(iii) "behold I have been given the book and a

similar thing along with"
ot
(iv) its elaborate the unelaborated Akhams.

N
(v) to make declaration qualified.

(vi) to make the general akham specific.
(vii) to make certain exception. { Notes By Tariq Malik }
(viii) to add and supplement the legal
provisions of Quran.
3- IJMA.
>> its third source of islamic law.
>> its an agreement of the jurists among the
Page 3 of 21
followers of (P.B.U.H) in a particular age on

a particular question.
>> it is universally accepted.{ Notes By Tariq Malik }
4- QIYAS.
(i) its an extension of law from the original text by means of common
sense.
(ii) its a process of deductions which is not change the law of the text
(iii) its applicable in cases not covered by the language of the text but
may fall under the
reason of the text.
5- IJTIHAD.
ik
>> ijtihad means to strive hard to know the rules of Shariah. It is
al
exercised when the jurists of the time is faced with a situation which
M
to him is unparalleled and for which no clear text of the Quran and
Sunnah is available or about which analogy if made does not fit.
iq
6- ISTIDLAL.
r
Ta
>> its ordinary use meaning is the inferring anything from another
thing. Its an expression of the connection of existing between one
By
opposition and another without any specific effective causes.{ Notes By Tariq
Malik }
7- ISTEHSAN.
es
>> Its literal meaning is preferring or considering a thing to be good.

ot
Its done when a strict adherence to analogy would fail to meet the
N
wants of the people. It's prescribes what ought to be the law rather
than what is the law.
8- CUSTOMS AND USAGES.
>> the pre islamic customs and usages that were not abrogated by
the Prophet (P.B.U.H) r emained good as law which have been
embodied in it by express or implied recognition.
> its must be prevalent.
> its accepted by a court.
> its must be territorial.
Page 4 of 21
9- JUDICIAL DECISIONS.
>>> judicial decision have greatly affected the ambit of islamic law
extending the
old principles to cover new cases or doubtful points by means of
analogies and interpretations.
10- LEGISLATION.
>>> various legislation are also the source of islamic law. Like
> Guardian and Wards act 1890.
> Muslim personal laws.
> Muslim family laws ordinance 1961.
11- JUSTICE, EQUITY, AND CONSCIENCE.
ik
>>> the abstract theory of law by virtue of preference is modified so
al
as to meet the demands of society or that law is modified in its
M
application to actual facts. so these all contribute in making new fact
of law.{ Notes By Tariq Malik }
r iq
.................................. T
ariq Malik ..............................
Ta
Topic # 2
By
MARRIAGE
es
ot
N
"Marriage is an institution ordained for the protection

of society, and in order that human being may guard
themselves from foulness and unchastity"
1- OBJECT OF MARRIAGE.
> to restraint of sexual passion.
Page 5 of 21
> the ordering of domestic life.

> the increase of the family.
> the upbringing of virtuous children.
2- ESSENTIALS OF A VALID MARRIAGE.
(i) proposal and acceptance by parties.
(ii) presence of parties.
(iii) transaction must be completed in one
meeting.
(iv) competency of parties.
(v) witnesses
(vi) no any prohibition degree.
ik
(vii) free will and consent.
al
3- LEGAL EFFECTS OF A VALID MARRIAGE.
M
> legitimacy of children.
> wife entitled to dower.
iq
> wife become entitled to maintenance.
r
Ta
> husband become entitled to wife moment

in reasonable manners.
By
> rights of inheritance established.

> prohibition regarding marriage due to the
of affinity come into operation.
es
> iddat become compulsory in case of death

ot
of husband.
> neither the parties acquire any interest in
N
the property of the others by reason of

marriage.
4- RESTRICTIONS AS REGARDS MARRIAGE.
(i) ABSOLUTE PROHIBITION.
>Consanguinity.
(prohibition from marrying with
mother, daughter, sister, niece etc)
> Affinity.
Page 6 of 21
(prohibition from marrying with his

wife's mother, wife's daughter,
maternal grandmother.)
> Fosterage.
( foster sister, son sister, mother,
brother sister, brother mother,
nephew mother, child aunt.. etc)
(ii) RELATIVE PROHIBITION.
> unlawful conjunction.
> polygamy (maximum wives)
> women undergoing iddat.
ik
> difference of religion.
al
> absence of proper witnesses.
M
(iii) PROHIBITIVE PROHIBITION.
> polyandry (women during marriageiq
perform another marriage )
r
> marriage with non muslim.
Ta
(iv) DIRECTORY PROHIBITION.

> marrying a women "enceinte".
By
> prohibition by divorce.

> marriage during Pilgrimage.
es
> prohibition by doctrine of equality (kafa)

5- MARRIAGE CONSIDERED AS IRREGULAR.
ot
(i) without witnesses.{ N

otes By Tariq Malik }
N
(ii) with fifth wife.

(iii) women undergoing iddat.
(iv) no express consent.
(v) proposal or acceptance not in same meeting.
(vi) muslim women with non muslim.
(vii) muslim male with non kitabia.
(viii) prohibition in relative.
(ix) with two sisters.
Page 7 of 21
5- LEGAL EFFECTS OF IRREGULAR MARRIAGE

(i) Before consummation.
> it has no legal effect.
(ii) After consummation.
> wife to observe iddat.
> entitled to dower.
> legitimacy of children.
> termination by single declaration.
6- VOIDS MARRIAGE.
(i) "a marriage contracted by parties"
> suffering from absolute incapacity.
ik
> prohibition by consanguinity, affinity,
al
fosterage is void.
M
(ii) it has no legal effect.
(iii) it create no civil right or obligation.
r iq
.................................. T
ariq Malik ..............................
Ta
By
Topic # 3
es
DOWER
ot
"dower is either a sum of money or other form of property to which

N
the wife becomes entitled by marriage, it is an obligation imposed

by law on the husband as a mark of respect for the wife"(Abdur
Rahim)"
1- OBJECT OF DOWER.
> to impose an obligation on the husband
as a mark of respect.
> to place a check on the capricious use of
divorce on the part of husband.
Page 8 of 21
2- AMOUNT OF DOWER.
> the husband may settle any amount.
> amount of dower is not fix.
> it can be fixed either before or after
marriage.
3- SUBJECT MATTER OF DOWER.
> fixed sum of money.
> any type of property.
(such property should be in existence)
4- KINDS OF DOWER.
ik
(i) SPECIFIED DOWER.
al
> settled at the time of marriage.
(a) PROMPT DOWER.
M
> its payable on demand. iq
> it may be released by wife at any
r
time.{ Notes By Tariq Malik }
Ta
(b) DEFERRED DOWER.

> its payable on dissolution of
By
marriage as death or divorce.

> it could not be so demanded.
es
(ii) UNSPECIFIED DOWER.

> its not fixed.
ot
> fixed with reference to the social

N
position of wife or family status.

> its also called "mahr ul misl".
5- CONFIRMATION OF DOWER.
(i) by consummation of marriage.
(ii) by a retirement.
(iii) by death of either party.
6- FURTHER ELUCIDATION OF DOWER TERM.
(i) REMISSION.
Page 9 of 21
> The wife may remit the dower or any

part thereof in favour of husband or his
heirs.. it may be without consideration.
(ii) HEIR'S LIABILITY.
> not personally liable.
> extend only of a share of property.{ Notes By Tariq Malik }
(iii) WHETHER A DEBT.
> it is ranks as a debt.
state.
> its is also taken out of husband e
.................................. T
ariq Malik ..............................
ik
al
M
Topic # 4
iq
DISSOLUTION
r
Ta
OF
By
MARRIAGE
es
ot
Its a release from marriage tie either immediately or eventually,

N
according to islamic law any husband who is sound mind and

attained age of majority may divorce his wife whenever he desires,
without assigning any reason at mere whim or caprice. A talaq may be
effected orally or by a written document called talaknama.
1- DIFFERENT MODES OF DISSOLUTION OF
MARRIAGE.
(I) TALAQ.
(i) Talaq Sunnah.
Page 10 of 21
"affected with in accordance of tradition

of (PBUH)"
> Talaq e Ahsan.
(pronounce the formula of single
sence and women in state of purity)
> Talaq e Hassan.
its a successive announcement.
(30 days interval){ Notes By Tariq Malik }
(ii) Talaq e Biddat.
> sinful form of talaq.
> three pronouncement made during a
ik
single sentence.
al
> it become irrevocable immediately.
M
(iii) Talaq Under Compulsion.
> its valid and effective even if iq
pronounced under compulsion.
r
(iv) Talaq In Jest.
Ta
> a talaq uttered in support of jest or by

mere slip of tongue is valid.
By
(II) ILLA.
> its species of construction divorce.
es
> its affected by abstinence from sexual

intercourse.
ot
> the fulfillment such a vow does not

N
perse as a divorce.
(III) ZIHAR.
> its a form of inchoate divorce.
> pronounce his wife as mother, sister or
any prohibitory degree etc by husband.
(IV) KHULA.
> a divorce by khula is by consent and at
the instance of wife in which she gives
or agrees to give a consideration to the
Page 11 of 21
husband for her release from marriage.

(i) Grounds of Khula.
> absence of husband (4 years){ N otes By Tariq Malik }
> failure to maintain maintenance.

> imprisonment to husband (7 years)
> failure to perform marital obligation.
> impotence of husband.
> insanity of husband (2 years)
> repudiation of marriage by wife as
attaining age of eighteen years.
(V) Cruelty Of Husband.
ik
> habitually assaults her.
al
> association with bad women.
M
> attempt to force her to lead an immoral
life or activities. iq
> disposes of her property.
r
> obstruction in her religion.
Ta
> does not treat her equitably.

(VI) By Judicial Process.
By
> Lian.{ Notes By Tariq Malik }

where a husband charges his wife of
es
adultery and the charge is false then

wife is entitled to sue for divorce.
ot
> Faskh.
N
faskh means annulment or abrogate.

at instance of wife by the decree.
(VII) ANY OTHER REASON.
> grounds of dissolution of marriage
by wife under muslim marriage act
1939 under specified circumstances.
2- LEGAL CONSEQUENCES OF DISSOLUTION
OF MARRIAGE.
> cohabitation between divorced couple
Page 12 of 21
becomes unlawful after the divorce has

become irrevocable.
> completion of iddat period is necessary.
> dower becomes immediately payable.
> mutual rights of inheritance ceased.
> right to contract another marriage.
.................................. T
ariq Malik ..............................
ik
Topic # 5
al
MAINTENANCE
M
"maintenance is the furnishing by one person to another for his or
iq
her support, of it means of living or food, clothing, shelter etc
r
particularly where the legal relation of the parties is such that one is
Ta
bound to support the other as his descendants, ascendants,

collateral, and wife. The wife has an absolute right of maintenance
By
from the husband, he being to maintain her"

1- GENERAL PRINCIPLES FOR MAINTENANCE
es
OF WIFE.
ot
> the husband is bound to maintain his wife.

N
>> Conditions.
(a) she has attained age of puberty and can render to husband
conjugal right.
(b) obeys all his lawful command.
(i) Maintenance after dissolution of marriage.
(a) if dissolution is by divorce the wife is entitled to maintenance
during period of iddat.
(b) if dissolution is by death of husband then widow has no right to
receive maintenance.
Page 13 of 21
(ii) CASES WHERE WIFE IS NOT ENTITLED

TO MAINTENANCE.
> incapable to matrimonial intercourse.
> when she is disobedient or unjustified
refractory.
> when become widow.
> separate for own fault.
> she is able to maintain herself.
> married by an illegal contract.
> when she imprisoned, become unchaste
2- MAINTENANCE BY OR TO DIFFERNT
ik
RELATIONS.....
al
(i) MAINTENANCE BY FATHER.
M
> In case of son, father is liable to maintain
until able to earn or when adult....
iq
> a father is bound to maintain his female
r
Ta
children until they are married.

> in case of daughter, she can also claim
By
from maintenance from the father.

(ii) MAINTENANCE BY MOTHER.
> when the father is poor and mother is rich
es
the liability to maintain the infant children

ot
falls on her.
(iii) MAINTENANCE BY GRAND FATHER.
N
> if father and mother are both poor the

grand father possessed of means is liable
to maintain his infant grand children.
(iv) MAINTENANCE BY FATHER IN LAW.
> there is no obligation upon the father in
law to maintain the widow of his son
under the islamic law.
(v) MAINTENANCE BY CHILDREN.
Page 14 of 21
> every child whether male or female, adult

or minor, who has sufficient property is
responsible to supply maintenance to his
parents.
(vi) MAINTENANCE BY GRAND CHILDREN.
> if there are no children or the children are
indigent, it is the liability of grand
children to provide maintenance to their
grand parents.{ Notes By Tariq Malik }
3- REMEDIES, SCALE AND ARREARS OF
MAINTENANCE.
ik
(i) Scale of Maintenance.
al
> when fixing the amount of maintenance
M
> considered position of both.
(ii) Arrears of Maintenance.
iq
> wife can claim for arrears.
r
Ta
(iii) Remedies for Maintenance.

> can sue for maintenance.
By
> if past maintenance required then such

should be on specific agreement.
.................................. T
ariq Malik ..............................
es
ot
Topic # 6
N
GIFT
"Gift is a transfer of property, made immediately and without any
exchange, by one person to another, and accepted by or on behalf of
the latter."
1- ESSENTIAL INGREDIENTS OF A VALID GIFT.
> a declaration of gift by the donor.
Page 15 of 21
> acceptance of gift by donee.

> delivery of possession of the subject of the
by the donor to the donee.
> donor must make the gift with free consent.
> the delivery of possession need not in all
cases be actual. it should be delivery of
such possession as the subject of the gift
is susceptible.
2- IMPORTANT KINDS OF GIFT.
(i) HIBA.
its an ordinary gift accompanied by delivery
ik
of possession and without consideration.
al
(ii) HIBA BIL IWAZ.
M
its a gift for a consideration. Its is in reality
a sale. Delivery of possession is not
iq
essential and when once completed it
r
Ta
becomes irrevocable.
(iii) HIBA BA SHART UL IWAZ.
its a gift made with a stipulation of a return,
By
delivery of possession is essential and it

becomes irrevocable when once the
es
property has been delivered.

(iv) ARREAT.
ot
its a grant of license to enjoy certain

N
property.
(v) SADAQAH.
a sadaqah is a gift made with a religious
object.
3- IN WHOSE FAVOUR GIFT MAY BE MADE.
> living person who is capable of holding
property.
> child in womb.
Page 16 of 21
(born within six month from date of gift)

> juristic persons.{ Notes By Tariq Malik }
(such as Mosques, Dargah, Charitable
institution)
> it may be made to a non muslim.
> two or more persons without dividing the
property. (Musha)
4- CASES WHERE DELIVERY OF POSSESSION
IS NOT NECESSARY.
> where gift by father or gurdian to minor.
> where donor and donee resides in same
ik
subject matter of gift.
al
> where husband is donor and wife is
M
donee or vice versa.
> where donee is bailee.
iq
> where gift is not capable of being
r
Ta
delivered.
5- REVOCATION OF GIFT.
By
> under islamic law, all voluntary

transactions are revocable. hence, gifts
es
may also be revoked.

(i) BEFORE DELIVERY.
ot
> donor can revoked at any time before

N
delivery of possession.
(ii) AFTER DELIVERY.
> if gift is made and subject matter is
delivered. then it can only be revoked
by intervention of court, or by the
consent of donee.
6- CASES WHEN GIFT CANNOT BE REVOKED.
> when it is made by husband or wife.
> when donor and donee are related to on
Page 17 of 21
another with prohibited degrees.

> donor or donee dies.
> subject matter destroyed or lost.
> things passed out from donee's
possession.
> where donor has received a return (iwaz)
for the gift.
> when motive of gift is religious or spiritual,
for in this case gift amounts to Sadaqa.
>>>> under shia law.
> to any blood relation even prohibitory
ik
relation is irrevocable after delivery of
al
possession.
M
> gift b/w Husband and Wife is revocable.
> it can be revoked by a mere declaration on iq
the part of donor.
r
.................................. T
ariq Malik ..............................
Ta
Topic # 7
By
WAKFS
es
ot
"wakf is the detention of a thing in the implied ownership of

Almighty God, in such a way that its profits may applied for the
N
benefit of human being, and the detention when once made, is

absolute, so that the thing dedicated can neither be sold, nor given,
nor inherited."
1- ESSENTIALS OF A VALID WAKF.
> clear intention to create wakf.
> intention may be orally or in writing.
> wakif must be the owner of property.
> wakf must be perpetual.
Page 18 of 21
> it should be according to islamic principles.

> wakif must be sound mind and major, and
a muslim.
> wakif must not be contingent or conditional.
> any kind of property can be wakf.{ Notes By Tariq Malik }
2- IN WHOSE FAVOUR WAQF CAN BE MADE.
(i) Waqif himself.
(ii) the family and descendants of wakif.
(iii) General public.
3- HOW IS WAKF CONSTITUTED.
> a wakf may be created by an act inter Vivos
ik
or by will. A wakf may be made neither
al
verbally or in writing. Testamentary waqf
M
comes into effect after the death of the
wakif.
iq
4- HOW CAN A WAKF BE REVOKED.
r
Ta
> A testamentary waqf, that is a wakf made

by a will may be revoked by the waqif at
By
any time before his death. Where at the time

of creating a non-testamentary waqf the
es
wakif reserves to himself the power of

revoking the wakf, the wakf is invalid.
ot
5- GENERAL PRINCIPLES RELATING TO WAKF.

N
> the wakf must be permanent.

> the property dedicated by way of wakif
must belong to the wakif at the time of
dedication.{ Notes By Tariq Malik }
> the subject of wakf under the wakf act may
be of any kind.
> the purpose for which a wakf may be
created must be recognized by the Islamic
Law as religious, pious, or charitable.
Page 19 of 21
> the object of a wakf must be indicated with

reasonable certainty.
> a mushaa or an undivided share in property
may subject of wakf.
> every muslim of sound mind and not a
minor may dedicate his property by wakf.
> a wakf may be made either verbally or in
writing.
> a wakf may be created by act inter Vivos
or by will.
> a wakf inter Vivos is completed by a mere
ik
declaration of endowments by the owner.
al
> the founder of a wakf may constitute
M
himself the first mutwalli.{ Notes By Tariq Malik }
> a waqf nama by which immovable property iq
of the value of Rs.100 and upward by way
r
of wakf requires to be registered.
Ta
> wakf property is not liable to attachment

and sale in execution of a personal decree
By
against the mutwalli nor can the rents and

profits thereof be seized in execution.
es
> a testamentary waqf that is a wakf made by

will, may be revoked by the waqif at any
ot
time before his death .{ Notes By Tariq Malik }

N
.................................. T
ariq Malik ..............................
Topic # 8
LEGITIMACY

> it means the rule under which a child is
Page 20 of 21
considered to be legitimate.
> If a child born...
(i) during continuance of valid marriage.
(ii) within 280 days after dissolution of
marriage.
PRESUMPTION AS TO LEGITIMACY...
> child born within 6 months of the marriage.
(unless father acknowledges it)
> child born after 6 months of marriage.
(unless father disclaimers)
> a child is legitimate if he born after the
ik
termination of marriage within 10 months.
al
> under article 128 QSO.
M
> any person born during continuous of
marriage.{ Notes By Tariq Malik }
iq
> not earlier than the expiration of s ix lunar
r
Ta
months from date of marriage.

> if born within two years if mother remains
unmarried.
By
> considered legitimate child unless

(i) husband refuses or refused.{ Notes By Tariq Malik }
es
(ii) child born after expiration of six lunar

months from date on which the
ot
women had accepted that the period

N
of iddat had come to an end.{ Notes By Tariq Malik }
.................................. T
ariq Malik ..............................

Notes by Tariq Malik

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Page 1 of 68

:Group: Judicial Exam + Notes

:Admin: Mr. Hamid yaar Haami

:Notes By: Mr. Tariq Malik

Civil Procedure Code 1908

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(ii) ​the previously instituted suit

the same parties or their

(iv) ​the parties must be litigating

in both the suits under the

>​ the doctrine of res subjudice

………………...........……...​Notes by Tariq Malik​…………………..……….……

"a man should not be twice vexed for the same

>​ same matter.

(v) Decision in former suit decided on merits.

>​ failure to furnish security for costs.

>​ want of notices.

>​ want of cause of action etc etc.

>​ decision based on fraud or collusion.

Constructive Res Judicata explanation iv.

"By force of doctrine of constructive res judicata the parties have to

………………...........……...​Notes by Tariq Malik​…………………..……….……

WHEN NOT CONCLUSIVE AND IT'S EXECUTION

A foreign judgment is a conclusive as to matter except,

then not executable, a fresh suit is maintained.

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Suit for foreclosure,redemption, can be filed where any portion prevails

Suit for compensation of wrong to person or to property can be filed

under section 20.

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no any appeal​ to high court

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>​if instituted in wrong court, returns (​ 7-10)

>​if certain specified eventualities arises, rejected (​ 7-11)

as​ ( sec 38 to 45, order 21​)

………………...........……...​Notes by Tariq Malik​…………………..……….……

Sections 27, 28, 28, 31....Order 5..... CPC...

order 5, rule 10-A

MODES OF SERVICES OF SUMMONS IN DIFFERENT PLACES.

………………...........……...​Notes by Tariq Malik​…………………..……….……

sections 35, 35-A. CPC

by a successful litigant in the assertion of his

appealable, if not, they are also not.

costs is granted in case of vexatious

litigation instituted with ulterior motives, in

be have been taken at earliest possible

sections 36 to 74, Order 21.

another person, his next step is to get the decree satisfied"

1-​ COURTS WHICH EXECUTES DECREE

(ii) ​court to which it transferred. (​ sec 38)

(f) ​give notice of attachment​(21-53)

(detention or attachment or both)

(iii) ​Decree for specific performance​ (32)

> ​restitution of conjugal rights.

(i) ​By delivery of any property specially

1-​ it is a letter issued by the court which passed the decree.

2​- Its is issued for the purpose of attachment of property situated in

………………...........……...​Notes by Tariq Malik​…………………..……….……

sections 75 to 78, order 26.

1- POWER OF COURT TO ISSUE COMMISSION.

> ​to examine any person

>​ to make local investigation.

………………...........……...Notes by Tariq Malik…………………..……….……

(ii) the previously instituted suit

(iv) the parties must be litigating

> the doctrine of res subjudice

………………...........……...Notes by Tariq Malik…………………..……….……

> same matter.

> failure to furnish security for costs.

> want of notices.

> want of cause of action etc etc.

> decision based on fraud or collusion.

………………...........……...Notes by Tariq Malik…………………..……….……

………………...........……...Notes by Tariq Malik…………………..……….……

………………...........……...Notes by Tariq Malik…………………..……….……

no any appeal to high court

………………...........……...Notes by Tariq Malik…………………..……….……

>if instituted in wrong court, returns ( 7-10)

>if certain specified eventualities arises, rejected ( 7-11)

as ( sec 38 to 45, order 21)

………………...........……...Notes by Tariq Malik…………………..……….……

………………...........……...Notes by Tariq Malik…………………..……….……

1- COURTS WHICH EXECUTES DECREE

(ii) court to which it transferred. ( sec 38)

(f) give notice of attachment(21-53)

(iii) Decree for specific performance (32)

> restitution of conjugal rights.

(i) By delivery of any property specially

1- it is a letter issued by the court which passed the decree.

2- Its is issued for the purpose of attachment of property situated in

………………...........……...Notes by Tariq Malik…………………..……….……

> to examine any person

> to make local investigation.

(ii) To make local investigation. ( Rules 9,10)

> its a letter issued with commission

………………...........……...Notes by Tariq Malik…………………..……….……

> suit with notice

> prior Two Months of institution of suit.

(a) plaintiff shall not be entitled to any

govt. or settled matter within 2 month.

………………...........……...Notes by Tariq Malik…………………..……….……

………………...........……...Notes by Tariq Malik…………………..……….……

(iv) parties to agreement shall subject to the

SPECIAL CASE. (Rule 5)

> ordinary procedure as given in Order 18 cpc

………………...........……...Notes by Tariq Malik…………………..……….……

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> High court (in other cases)

(i) on question of fact

> Remand a case..

(i) presentation of memorandum

(iii) stay of execution (rule 5)

(iv) furnishing security (rule 6)

………………...........……...Notes by Tariq Malik…………………..……….……

(i) person aggrieved from decre

> if sufficient cause then review

> when application hears by two

> limitation for review is 90 day

………………...........……...Notes by Tariq Malik…………………..……….……

> addl district court.

>limitation period is 90 days.

> there will be no second revision

………………...........……...Notes by Tariq Malik…………………..……….……

(ii) party apply for restitution

(iii) relief claimed should be

> its order.

INHERENT POWERS OF COURT.

(i) firstly, where the case is not

(ii) not exercised, if procedure

(iv) not exercised, if any conflict