CODE OF CIVIL PROCEDURE IN PAKISTAN

In Pakistan, the civil procedure rules are governed by the Code of Civil Procedure, 1908 (CPC). The CPC provides a framework for the procedural rules that must be followed in civil cases in the country. Courts have the authority to issue defendants summons to appear and answer claims. Order V of the First Schedule of the CPC is titled ‘Issue and Service of Summons’ and contains the applicable requirements as established by the competent authorities for summoning the defendant.

The Pakistani legal framework is comprehensive but often means that international litigants are left out of the loop. This can make it difficult to navigate the legal system and confirm that your documents are properly served on your own. Consequently, hiring a private process service agency like Undisputed Legal that is familiar with the local laws and customs can help safeguard that your documents are served correctly and that you can obtain the evidence you need. We are experienced at serving papers across the globe and ensure that your documents go to the right authority. We aim to uphold your trust and ensure your papers are handled.

BACKGROUND

In a civil court, the presiding judge hears and rules every case. First-instance courts are often found within the realm of the civil judge. Several types of civil judges have varying monetary authority. District judge courts often hear appeals. Nonetheless, in other circumstances, like defamation, they act as trial courts. Courts under the extra district judge have the same authority as district judge courts while carrying out judicial duties assigned to them by the district judge.

An appeal from a civil judge's ruling may be taken to either the district judge's court or the Supreme Court, depending on the amount at stake in the case. The Supreme Court hears appeals from those disagreeing with a district judge's ruling. An order or decree issued by a district court in an appeal may be contested by submitting a revision to the Supreme Court, even though there is no further right of appeal. In most cases, the Supreme Court hears appeals from the High Court.

Pakistan has established specialized courts and tribunals in addition to its regular civil courts for certain civil disputes. They include banking courts, rent courts, consumer courts, and intellectual property tribunals. In addition, a court's administrative structure may call for separating cases among its numerous benches. In most circumstances, the High Courts only hear appeals; however, the legislation grants them initial civil jurisdiction incorporation and banking disputes.

A judge with civil jurisdiction must follow the procedures laid out in the Code of Civil Procedure 1908 in all aspects of a case, including the resolution of pre-trial motions and issues of jurisdiction, limitation, maintainability, and procedural formalities (such as the payment of court fees and process fees,) the handling of applications, the drafting of issues, the appointment of commissions for the recording of evidence, and the supervision of the recording and deposition of evidence.

PRE-ACTION PROCEDURE IN PAKISTAN

Preparation for a civil lawsuit in court is often unnecessary. If the court allows, the plaint or a succinct statement must be sent with the summons in the defendant's name. The court issuing the summons should also give express orders to guarantee that a copy of the plaint is provided with the summons.

Claims (plaintiff's statements of the dispute) are filed with the appropriate first instance court, and the required filing fees are paid to initiate civil proceedings in line with the Code of Civil Procedure 1908. After reviewing the plant, the judge (or, in certain situations, a judicial official) will issue summonses along with the claim papers to be served on the defendants or respondents through prescribed modes of service to have a response to the claim filed by a specified date. While registered mail and personal service are the most common methods of serving a summons, the court may also direct service via publishing in a newspaper or any other method it deems appropriate.

Undisputed Legal has extensive experience serving legal documents and obtaining evidence in different countries and jurisdictions. We know Pakistan's legal processes and requirements and can provide valuable guidance and support. This can be particularly helpful if you are unfamiliar with the legal system in Pakistan or are dealing with complex legal issues.

INITIATING A CLAIM IN PAKISTAN

A civil claim begins with filing a claim with the appropriate court. It is followed by issuing a summons to the counterparty requiring the submission of a written statement of defense by a certain date (usually thirty days from the date of service). If an interlocutory application is filed alongside the claim, it will be scheduled for a hearing and possible order. The court may make a preliminary order, such as an ad interim injunction, and determine whether or not to provide notice of the application to the opposing party at this time. The next step is scheduling a hearing for the application. The opposing party must be notified of the application and encouraged to respond by the hearing date.

Once a counterclaim is filed, or the other side is denied the right to submit a counterclaim, a court date is scheduled for the parties to resolve their differences. Then, the court makes rulings based on the parties' petitions to resolve the dispute. The problems at hand refer to the many matters of law and fact that must be resolved throughout the proceedings. The case will be scheduled for testimony after the concerns have been resolved.

The court and applicable procedural regulations will establish deadlines for the different stages of the issue and the submission of papers. Adjournments are often requested and granted by the courts, extending the time to resolve a claim by five years or more.

SERVICE OF A SUMMONS

The purpose of the summons may be either the resolution of a dispute or its ultimate resolution. In every case considered by a Court of Minor Causes, the summons should be for the ultimate disposition of the action. However, when issuing the summons, the Court will decide whether it is for the settlement of issues only or the final disposal of the suit. The language used in the summons needs to be clear enough to understand that the defendant is required, under the scheme of the Code, to submit a written statement and produce all documents in their possession on which they base their defense, claims, set-off, or counterclaim on or before the date mentioned in the summons for settlement of issues.

The term ‘process service’ refers to the delivery of a set of court documents to the person to be served as a notice of primary legal action in an effort to exercise jurisdiction over that person to enable that person to respond to the proceeding before the court or tribunal. When a person gets served with a legal document, such as a summons, complaint, order, writ, or other court documents, process servers must be third parties to the case.

Following issuing of summons by the court, the next procedure is serving summons to the defendant. The appropriate official or their delegate must serve summonses. Rule 10 stipulates the form of service by delivering or submitting properly signed and sealed summons. When the summons is issued, another copy should be delivered to the defendant by registered post, acknowledgment due.

Hiring the right process server is often critical to your court case's success. Our process servers at Undisputed Legal have professional expertise in serving legal papers, regardless of whether or not such a license is necessary where the service is needed. In addition, our process servers have extensive knowledge of the laws and regulations pertaining to serving legal documents in their specific jurisdictions. It is important to note that the specific requirements and restrictions for serving legal papers might change from one municipality or county to another. A client's case might be thrown out or at least be delayed if the service is not carried out in compliance with the law.

The job of a ‘process server’ is to deliver court papers to the attention of a defendant or other party. Our process servers must follow the jurisdiction laws in which the papers are served. Whether this involves a personal delivery to the defendant or a substituted service to a member of the same home or place of business, the defendant must be physically served with the papers.

As soon as the papers have been delivered, the process server must give evidence that they have been served. The Affidavit of Service or Evidence of Service is a document used for this purpose and must be notarized before being given to the person requesting service. In addition to serving court documents, process servers may conduct document retrieval and provide various investigative services, such as skip tracing, persons locating, and stakeouts.

ENFORCEMENT OF A FOREIGN JUDGEMENT IN PAKISTAN

Any judgment issued by a higher court in a territory with which Pakistan has an extraterritorial agreement and which has been notified by Pakistan's government may be enforced in Pakistan in the same manner as a judgment issued by a district court in Pakistan. The execution application must be submitted in the district court with a certified copy of the decree for enforcement.

To implement a foreign decree in Pakistan, the decree-holder must first file an action in Pakistan based on the foreign decree. Nevertheless, the foreign decree must have been issued by a higher court in one of the aforementioned jurisdictions. A letter of request issued by the foreign court must be sent to the High Court through the federal government of Pakistan, or a letter of request issued by the foreign court must be produced before the said High Court by a party to the proceeding. The certificate must be signed by a consular officer of the foreign country in Pakistan. When the commission has completed its findings, it will submit the report and any evidence it collected to the High Court, which will then transmit the materials to the federal government along with the request letter for submission to the foreign court.

SERVING PAPERS IN PAKISTAN ACCORDING TO THE HAGUE SERVICE CONVENTION

The Hague Service Convention is an international agreement that provides guidelines on how to serve legal documents in civil or commercial matters between countries that are parties to the Convention. Pakistan is a signatory to the Convention, which means that the procedures outlined in the Convention should be followed for serving papers in Pakistan.

Under the Hague Service Convention, the requesting party (the party seeking to serve the legal documents) must send the documents to the central authority in their country, which will then forward them to the central authority in Pakistan. The central authority in Pakistan will then arrange for the documents to be served on the recipient in accordance with Pakistani law. In Pakistan, the authority responsible for receiving requests for service under the Hague Service Convention is the Ministry of Foreign Affairs. The Ministry will either serve the documents or arrange for them to be served by a local court or other authorized entity.

It is important to note that the Hague Service Convention only applies to civil or commercial matters and does not cover criminal matters or administrative proceedings. Additionally, there may be additional requirements or restrictions on serving papers in Pakistan, depending on the case's specific circumstances. It is recommended to enlist the help of a private process server familiar with Pakistani law and the Hague Service Convention, like Undisputed Legal, to ensure proper service of legal documents.

We understand that to succeed in today's competitive process servicing industry, we must work tirelessly to win your trust daily. We aim to ensure that we only provide flawless service. Keep Undisputed Legal in mind when you need legal documents served in Pakistan. We are here to assist you with any urgent legal requirements and are prepared to ensure that your papers can get anywhere on the globe.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN PAKISTAN

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Pakistan process service needs; no job is too small or too large! For instructions on How To Serve Legal Papers in Pakistan, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. In accordance with the Civil Courts Ordinance of 1962, which has been implemented with some changes by each of Pakistan's four provinces and the Islamabad Capital Territory, the country's civil courts are divided into the following tiers:

Judge's court:
The district judges,
The extra district judges, and
The civil judges.

2. Nonetheless, the High Court of Sindh has been given original jurisdiction over civil claims worth more than 15 million Pakistani rupees in Karachi.

3. The Limitation Act 1908 (the Limitation Act) establishes time limits for bringing different kinds of claims, ranging up to 12 years. Most civil claims have a limitation period of three to six years.

4. The court must first decide whether the summons will be issued for the sole purpose of resolving disputes or for the final resolution of the complaint.

5. Rules 9 through 16 of the Code of Civil Procedure cover the procedure for serving a summons.

6. A commission to examine the witness will be issued by the Supreme Court if it is convinced, based on the above certificate or letter of request, that any witness who resides within the High Court's appellate jurisdiction and whose testimony is sought by a foreign court located in a foreign country in connection with a matter before that court and which is civil.