The order directs circulation to the district judiciary and the prohibition to ensure uniform compliance
ISLAMABAD:
The Supreme Court has issued detailed guidelines for drafting pleadings before trial courts in civil cases to promote uniformity, improve the quality of pleadings and facilitate efficient administration of civil justice.
In a 26-page judgment written by Justice Shahid Bilal Hassan in response to a review petition in a civil case, the court observed that the issues highlighted in the case, particularly those relating to drafting of pleadings and compliance with mandatory procedural requirements, deserve consideration in legal education.
He said it would be beneficial if such principles were incorporated and emphasized in the teaching of civil procedure and legal writing modules in law schools, in order to equip future members of the bar with the necessary skills at the threshold of their professional careers.
The order further noted that in view of the deficiencies in the civil pleadings and the recurring failure to comply with mandatory procedural requirements, it was necessary to involve the bar councils to address the systemic issue.
“Bar associations may consider the formulation and issuance of standardized or model forms for complaints, written statements and other essential allegations.
“While such formats cannot substitute the application of the legal mindset required in each case, they can serve as guiding templates to ensure compliance with basic legal requirements, proper structuring, and inclusion of all necessary details.
“This would not only promote uniformity and clarity in pleadings, but would also help younger members of the bar develop sound drafting practices,” he said.
The court stated that it is equally imperative to recognize that the responsibility in this regard is shared by both the court and the bar.
“While courts must ensure close scrutiny and application of procedural law, attorneys, as officers of the court, have a corresponding duty to present pleadings that are legally sound, properly structured, and comply with legal mandates,” he said.
Explaining the directive, he stated that a written statement will normally be presented at or before the first hearing, and that adjournments for this purpose will be granted only for sufficient cause.
“The submission period will not ordinarily exceed thirty days, and failure to comply will entail consequences in accordance with the law,” the order states.
It directed that, for effective implementation of the guidelines, the order be circulated to all district and session judges, who will ensure its dissemination to all civil judges under their administrative control.
“A copy will also be sent to all concerned bar associations to inform bar members of the procedural requirements and guidelines relating to pleadings, to ensure uniform compliance across the province.”
The court further ordered that the district judiciary monitor compliance with these directions in letter and spirit, and that necessary administrative measures may be taken to ensure that procedural discipline is maintained.
According to the guidelines, the written statement must be accompanied by all documents in the possession or power of the accused on which reliance is placed, together with a list of documents not in possession but on which reliance is sought.
“The defendant must also indicate an address to notify him during the processing of the procedure.
“The written statement must conform to the general rules of pleadings contained in Orders VI and VIII of the Code of Civil Procedure of 1908,” it said.
In cases involving multiple defendants, separate written statements will normally be filed unless the defense is identical. “The court will ensure that different or contradictory defenses are not improperly combined or obscured in a joint pleading.”
He said that when compensation is claimed, it must refer to a definite and proven monetary sum, be between the same parties in the same capacity, and the written statement must, to that extent, be duly sealed as a claim.
“The court may, when necessary, require rebuttals or additional pleadings in order to clarify the controversy and properly frame the issues,” the guidelines add.
