PESHAWAR – In order to provide speedy justice to masses and avoid unnecessary litigation in civil cases, the Khyber Pakhtunkhwa (KP) has taken the initiative to amend the decades-old British-era law.
The cabinet of KP on Monday approved significant changes in Code of Civil Procedure, 1908, describing a time period for disposal of the cases.
KP Chief Minister Pervez Khattak talking to media said that the government, for the first time in history, has taken steps by bringing amendments to the law drafted by Colonial Empire in Indian sub-continent in 1908.
He stated that the changes in the CPC were discussed with stakeholders, including judges of the Peshawar High Court, for making the judicial process simple to facilitate the general public. He added that the new rules will be notified after the approval of the provincial cabinet.
Provinces had been empowered to amend the CPC after the 18th amendment to the Constitution of Pakistan.
Khattak said that he had directed the chief secretary to meet with the authorities concerned at the Peshawar High Court and discuss the problems prevailing in the judicial system, including shortage of judges.
After an amendment to the law, the courts will have only 60 days to complete the pleading stage, including miscellaneous applications. The proposed amendment will end the unnecessary prolonged litigation.
The amendment further says the authorities will be given 30 days for investigation and examination of all the documents, provided to the court as evidence. At that time, the judge will have authority to a summary judgement.
Charges against the accused will be framed within seven day with the start of trial, while the court will have one year to complete the trial.
Dawn News said, another amendment envisages imposition of penalties on the other parties, who fail to obey case management and scheduling order. The civil court and the appellate courts shall announce the judgment within 15 days
The execution proceeding has also been brought under the purview of case management and scheduling conference and it is pertinent to mention that for the purpose of compelling the judgment debtor for execution of the decree include the blockage of the computerised national identity card.
