Reappraisal of Pre-trial Proceedings of Civil Procedural Law: A Consideration for Speedy Disposal of Civil Cases in Punjab, Pakistan

https://doi.org/10.5281/zenodo.17611863

Abstract

The mechanism of pre-trial proceedings under the Code of Civil Procedure, 1908 provides a respite to expeditious disposal of civil cases in civil courts. The heavy blockage and prolonged litigation of civil cases in the civil courts of Punjab render a hurdle in the administration of justice. The pre-trial proceedings facilitate the scrutiny and enable early resolution of preliminary objections henceforth only controversial issues proceed to the main trial. This research provides insights into procedural, institutional and administrative challenges which create a gap between the law in books and the law in action. This paper argues that these procedural challenges and over-reliance on paper work can be resolved by reducing the discretionary powers of the civil courts. It purveys the account that prolonged litigation in civil courts can be reduced by resorting to the provisions of pre-trial proceedings. It is culminated that this nuance is conducive for expeditious disposal of civil cases and save time of the court. The research provides a thorough investigation of pre-trial proceedings with consideration of orders 9-A, 10, 11 and 12 of civil procedural law of Pakistan.

Key words: Administration of justice, expeditious disposal of civil cases, pre-trial proceedings, prolong litigation, code of civil procedure 1908.