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Syllabus For Sessions 1 and 2 (Civil Procedure II)

This document outlines the syllabus for the Civil Procedure II course being offered in the Spring 2024 semester. It discusses several key topics that will be covered across multiple class sessions, including: 1) the significance of civil procedure in Pakistan's constitutional scheme, 2) issues of jurisdiction and maintainability, 3) the types of jurisdiction granted to courts under the Civil Procedure Code and Constitution, and 4) various orders and rules governing the return, rejection, and dismissal of plaints. The classes will also explore the interplay between different sections of the Civil Procedure Code as well as examine judicial precedents related to mandatory and directory provisions of the code.

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32 views5 pages

Syllabus For Sessions 1 and 2 (Civil Procedure II)

This document outlines the syllabus for the Civil Procedure II course being offered in the Spring 2024 semester. It discusses several key topics that will be covered across multiple class sessions, including: 1) the significance of civil procedure in Pakistan's constitutional scheme, 2) issues of jurisdiction and maintainability, 3) the types of jurisdiction granted to courts under the Civil Procedure Code and Constitution, and 4) various orders and rules governing the return, rejection, and dismissal of plaints. The classes will also explore the interplay between different sections of the Civil Procedure Code as well as examine judicial precedents related to mandatory and directory provisions of the code.

Uploaded by

Cream Melodies
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Civil Procedure II

Spring Semester 2024


Session 1 (02 February 2024)

A. Significance of Civil Procedure within the Constitutional Scheme

● Article 4 (due process)

● Article 9 (access to justice)

● Article 10A (fair trial and due process)

● Article 37(d) (inexpensive and expeditious justice)

● Article 175 (establishment and jurisdiction of courts)

● Articles 189 and 201 (judicial precedents)

● Articles 191 and 202 (rule-making power of Superior Courts)

● Article 203 (superintendence and control of High Courts)

B. General overview of CPC and the interplay between its Sections and Orders

● Sections 121 to 131 of the CPC

C. Consequences of Non-Compliance of CPC: Mandatory & Directory Provisions

● PLD 1963 Supreme Court 382

● PLD 1975 Supreme Court 678

● PLD 2014 Supreme Court 89

D. CPC: is it a procedural law, a substantive law or a combination of both?

● PLD 2014 Supreme Court 89


Civil Procedure II
Spring Semester 2024
Session 2 (16 February 2024)

A. Jurisdiction & Maintainability

● Article 175(2) of the Constitution

● 2013 SCMR 338

● Section 9 of the CPC

● 2023 SCMR 1292

● PLD 2022 Supreme Court 699

B. Jurisdictional issues should be decided first – Effect of a Without Jurisdiction Order

● 2008 SCMR 240

● 2023 SCMR 1919

● Section 21 of CPC

● PLD 1958 Supreme Court 104

C. Types of Jurisdiction

● Pecuniary jurisdiction: Sections 6 & 15 of the CPC + Section 9 of the Civil


Courts Ordinance 1962

● Territorial jurisdiction: Sections 16 to 20 of the CPC + Section 10 of the Civil


Courts Ordinance 1962

● Subject-matter jurisdiction: Section 9 of the CPC

● Original jurisdiction: Section 9 of the CPC

● Appellate jurisdiction: Sections 96 to 98, 100, 104, 109 & 112 together with
Orders XLI to XLV of the CPC + Article 185 of the Constitution
Civil Procedure II
Spring Semester 2024

● Review jurisdiction: Section 114 together with Order XLVII of the CPC + Article
188 of the Constitution

● Revisional jurisdiction: Section 115 of the CPC

● Reference jurisdiction: Section 113 together with Order XLVI of the CPC
Civil Procedure II
Spring Semester 2024
D. Return of Plaint

● Order VII, Rule 10

● 2022 SCMR 2044

● PLD 2021 Lahore 186

E. Rejection of Plaint

● Order VII, Rule 11

● 2014 SCMR 513

● PLD 2012 SC 247

F. Same issues cannot be raised under Order VII, Rule 10 and Order VII, Rule 11

● 2022 SCMR 1598

● PLD 2018 Supreme Court 322

G. Summary Disposal

● Order XV, Rules 1 & 2

H. Dismissal of Suit

● Sections 11 & 12(1) of the CPC

● Section 151 of the CPC

● Order IX, Rules 3, 8 & 9 of the CPC

I. Exception to the Rule of Dominus Litus: Deletion of Parties

● Order I, Rule 10

● 2023 SCMR 755


Civil Procedure II
Spring Semester 2024

● 2021 CLC 1348 [Islamabad]

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