Execution of Civil Decrees in Pakistan: A Comparative Analysis of Procedural Practices and Judicial Efficiency across the Provinces

Abstract

A good civil justice system is not just one that can resolve disputes, but it is also one that can enable courts to put their orders into practice – effectively translate the decrees into relief. Salidou considered execution of civil decrees to be another important but relatively und explored aspect of civil justice in Pakistan. While the Code of Civil Procedure, 1908 sets forth a complete statutory structure of execution, it is possible that the enforcement of court judgments and orders might be impeded due to procedural delays, administrative constraints, servicing or attachment difficulties, poor inter-agency coordination within an execution administration, weak records management system and the disparity in institutional capacity between the provinces. This article critically reviews the implementation of the civil decrees in Pakistan by comparing the procedure and efficiency of courts in Punjab, Sindh province, Khyber Pakhtunkhwa and Balochistan. The study does not focus on specific cases, but on the analysis of the doctrinal and institutional approach, which follows a policy of the institution using statutory provisions, procedural rules, judicial policy documents, official judicial statistics, institutional reports and recent literature and studies. It assesses the impact of variations of court administration, procedural application, technological infrastructure, staffing and case-management practices on effective execution of decrees. The study proposes that the problem is not the lack of execution mechanism altogether, but the one constant issue which approximates the formal mechanism and their execution on the ground. In addition, it provides arguments to the effect that for reform to be meaningful there is need for a unified protocol for executions, measurable timeframes, better management of cases in the digital environment, greater accountability of the institutions, better execution of the measures and administration based on the sensitivity of the province. The article finally highlights the need to enhance the execution mechanism for realizing meaningful and effective access to justice in Pakistan.

Keywords: Civil decrees; execution proceedings; Code of Civil Procedure 1908; civil justice; judicial efficiency; provincial comparison; access to justice.

https://doi.org/10.5281/zenodo.22094399