Q: What are Courts and where do they come from?

Most of us have a general idea of what a court is---- It is a place where judges preside over trails.

If you want to sue someone, however, you need to know bit more than that. Such as :

How do you find the right court?

How many different ones are there, anyway?

How are they Organized?

Having found the right court, how do you figure out what to do there? How do you

find the rules that apply to that particular court?

Do your court papers have to be in some special format in order to be accepted for

filing?

The answers to these questions vary from place to place. We begin with a number of general

principles that apply everywhere.

Such as:

The legal Capacity of the Parties ,nature of dispute between them

The Jurisdiction [area of authority] of the court as per law.

The Place where cause of action occurred.

The place of residence of parties or their business.

The value of subject of dispute and specification of Court Fee

Finally understanding the Court structure from Apex to the Trial Level.

The application of Procedure for solution of the dispute.

CIVIL PROCEDURE CODE , 1908, LL.B. PART III

TOPIC: An Introduction to CPC, 26th of Sep,2016

Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}

University Law College Khojjak Road Quetta.

Email: lawyer.21st@yahoo.com Ph.# 081-2843053

The Constitution of the land is the supreme law. The Constitution Controls all other laws.

Similarly, in a Federal system, each province {Unit} has constitution, which is the highest law of

the province or state.

The law of the land is functionalized by following the doctrine of “Separation of Powers”. To

prevent any one part of government from becoming too powerful. The functions of government

are divided among the legislative, judicial and executive branches.

In Pakistan the Parliament is responsible for making laws; the executive branch consists of

Prime-Minister and his cabinet departments, carries them out.

Courts ------The judicial branch applies the laws to individual cases, Interprets them when

dispute arise, and enforced them. Thus courts in our system are rooted directly in the

Constitution wherein the supreme court of Pakistan and High courts all provinces are established

whereof all inferior courts from District and Session are established under provincial rules as per

consistency of the constitutional dictate. However as per civil procedure, the courts themselves

make the rules under authority delegated by substance of the code and intention of the statutes.

COURTS STRUCUTRE IN PAKISTAN

The Court structure administration of justice in Pakistan is divided on three levels i.e.

1. The Trial Courts

2. The Appellate Courts

3. The Court of Last Resort

For detail analysis of court structure you can observe the following diagram with illustrations

how these courts are working as per constitution and as per rules and regulations either specified

by provincial legislatures or the High Courts of each province.

SUPREME COURT OF PAKISTAN

Supreme Court of Pakistan

U/A 175

There shall be a Supreme

Court of Pakistan,

Appointment of Justices:

U/A. 175A HIGH COURTS

Established U/A 175

and Justices are

appointed U/A 175A

“A High Court for

Each Province and a

High Court for

Islamabad Territory

DISTRICT COURTS

For Each District Demarcation in a

Province

SESSIONS COURTS

For Each Session Division in a

province

Are the

first

Appellate

Forum

for Civil

Disputes

Session

Courts

Are the

First

Appellate

In

Criminal

Cases

TRIAL COURTS (COURTS OF FIRST

INSTANCE) IN CIVIL DISPUTES

TRIAL COURTS ( COURTS OF FIRST

INSTANCE) IN CRIMINAL CASES

CIVIL COURT

CLASS-1

CIVIL COURT

CLASS-2

CIVIL COURT

CLASS-3

JUDICIAL

MAGISTRATE

CLASS 1

JUDICIAL

MAGISTRATE

CLASS-2

JUDICIAL

MAGISTRATE

CLASS-3

In a civil dispute a trial is always initiated from the court of lowest instance and it starts by

institution of a plaint in the relevant trial court from gross root level having territorial and

pecuniary jurisdiction. The trial starts by issuance of summons to the defendant so named with

accurate description. Trial goes through various stages and ends in form of final adjudication

inform of judgment followed by a decree and enforcement of the same.

A decree so passed by a trial court is termed “Original Decree” and is subject to be appealed by

the party not satisfied with the verdict of the inferior court. Every appellant has got two rights of

appeals, the first has to be instituted in the District Court and the Second one has to be appealed

in the High Court.

There is no right of third appeal however with special leave to appeal from the court which gave

last appellate decision, and there upon an appeal can be admitted in the Supreme Court which is

a court of Last resort.

SPECIAL COURTS:

Beside the above prescribed court structure, special courts are established under relevant laws for

special purposes such as:

a) Labor Courts,

b) Industrial Dispute Tribunal,

c) Court of Special Magistrates :

1. For consumer protection

2. For Utility Mal-practices etc

d) Arbitration Tribunals

e) ATC