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Islamabad High Court, Islamabad intends to amend certain rules of Code of Civil Procedure 1908

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Islamabad High Court, Islamabad intends to amend certain rules of Code of Civil Procedure 1908.

Islamabad 07-02-2024: The Registrar Islamabad High Court, Islamabad issued a letter to seek suggestions regarding amendment in certain rules of Code of Civil Procedure 1908 in ICT Islamabad. According to the letter of Registrar IHC in exercise of powers conferred under section 122 of the Code of Civil Procedure 1908, is intended to make Amendments in the Code of Civil Procedure 1908 (Order V, Rule 15; Order IX-A; Case Management and Scheduling Conference; Order XV-A; Summary Judgment; Order LIII; Award of Costs).

The proposed amendment in CPC Rules has been published in Gazette of Pakistan on 22-12-2023. The First Amendment pertains to mode of service of summons under Order V Rule 15 and now service of summons on adult family member of defendant would be considered as a valid service of summons. The Mediation / Alternative Dispute Resolution are given a specific importance in Case Management System in order to curtail the backlog of litigation. The schedule of case management would be issued after appearance of parties before the Court. A specific detailed form “Case Management Statement” is added as Appendix which would be filled up by parties to lis. The party which would not comply with the Case Management Schedule, would be liable to special cost.

The attended amendment in Rules of Code of Civil Procedure 1908 seems to be a powerful step towards Case Management in ICT Islamabad. The increase number of pending cases has become a hurdle in way of administration of justice. The real aggrieved party is more adversely affected by the delay in decision of case. It is expected that amended CPC rules would be implemented in its true letter and spirit and would be beneficial in the administration of justice.