The Procedural Rules under the CPC are intended to Facilitate Justice, not Impede it --- Supreme Court of Pakistan Upholds Restoration of Civil Suit

Islamabad 31-12-2024: In a significant ruling, the Supreme Court of Pakistan dismissed two Civil Petitions challenging the restoration of a property-related civil suit by the Lahore High Court. The case underscores the principles of Justice and efficiency in civil litigation while highlighting the need for comprehensive procedural reforms in the judiciary.

The dispute revolved around a property ownership claim concerning a bungalow in Lahore. The Respondent’s Civil Suit was dismissed for non-prosecution under Order IX, Rule 8 of the Code of Civil Procedure, 1908 (CPC). The respondent filed a restoration application under Rule 9, citing procedural delays due to an administrative transfer of the case. The Trial Court restored the suit, a decision affirmed by the Lahore High Court.

The Supreme Court of Pakistan upheld the Lahore High Court’s decision, emphasizing that procedural rules should not obstruct substantive Justice. It noted that:

1. The restoration application was filed within the 30-day limitation period under Article 163 of the Limitation Act, 1908.
2. The Respondent demonstrated “sufficient cause” for non-appearance on the dismissal date.
3. Past delays or negligence in presenting evidence do not preclude restoration if sufficient cause is shown for the specific day of non-appearance.

The Court dismissed the petitions, directing the Trial Court to expedite proceedings and decide the matter on merits within six months.

The Courts must evaluate the specific reasons for non-appearance on the dismissal date, without undue reliance on past procedural failures. The procedural rules under the CPC are intended to facilitate Justice, not impede it. The judiciary must balance the need for timely resolutions with the right to a fair trial.

The judgment criticized systemic delays in civil litigation, calling for:

1. Stage-wise timelines in the Civil Procedure Code (CPC) and Criminal Procedure Code (Cr.P.C.).
2. A robust case management system to monitor progress and ensure timely disposal.

Legislative intervention to codify these reforms, thereby improving public confidence in the judiciary.

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