● Every civil suit is filed in the lowest court of a district which is the court of Senior Civil Judge.
● A summary suit under order 37 of CPC is filed in the court of district judge.
● Family suits are governed by Family Courts Act, 1964 in Pakistan.
● Another statute that governs family suits is West Pakistan Family Court Rules, 1965.
● In case of family suits, it is filed at the place where the female resides even if she resides temporarily.
● Visitation is a right for both the parents. It cannot be denied by courts unless any one of them is defaulted.
● Stay order can be permanent or temporary.
● Perpetual or permanent stay is granted under Specific Relief Act 1877.
● Temporary Injunction or stay is granted under order 39 rule 1 & 2 of CPC.
● Any application can be given anytime in a civil suit and Judge is bound to admit or dismiss it.
● Decree can be preliminary or final. It is always appeal-able.
● An order is generally revision-able unless it falls under the ambit of section 104 or order 43 of CPC.
● The time for filing first appeal in civil cases is 30 days.
● The time for filing second appeal in civil cases is 60 days.
● The time for filing civil revision is 90 days.
● Civil revision is filed under section 115 of CPC.
● The petitioner is bound to provide all the record of trial court in a civil revision.
● The first appeal can have question of law as well as question of fact.
● Second appeal is only filed on Question of Law.
● In normal civil cases first appeal is filed in the court of district judge.
● In normal civil cases second appeal is filed in High Court.
● Civil court has unlimited pecuniary jurisdiction under West Pakistan Civil Courts Act 1962.
● In normal practice different local governments have set different limits for pecuniary jurisdiction of civil courts.
● When a case is filed in high court for the first time it is heard by single bench.
● An appeal of a decision of single bench can be heard by double bench or full court in Intra Court Appeal.
● For challenging decision of DB or Full Court a leave to appeal is filed in Supreme Court.
● When Supreme Court accepts leave to appeal then case is heard in Supreme Court.
● A case of public interest can be directly filed under Article 184(3) of Constitution of Pakistan.
● Normally appeals in Supreme Court are filed under article 185 of Constitution of Islamic Republic of Pakistan.
● Writs are of 5 types.
● Writs are usually filed under article 199 of constitution of Islamic Republic of Pakistan.
● Writ of Habeas Corpus is filed in Session court under section 491 of CrPC.
● Inherent Powers of Civil Courts can be invoked under section 151 of CPC.
● Courts have powers to appoint local commission under order 26 of CPC.
● In cases of contempt of court regarding temporary injunction local commission is appointed under order 39 rule 7 of CPC.
● Property can be attached and accused can be imprisoned for 6 months in contempt under order 39 of CPC.
● Review is done by the same court passing the judgment.
● Review petition is filed under order 47 rule 1 of CPC.
● Order 21 of CPC deals with the execution proceedings
● Plaintiff has a time of 3 years to file execution.
● Limitation in civil suits is 3 years from the cause of action.
● Plaint is rejected under order 7 rule 11 of CPC.
● Plaint is returned under order 7 rule 10 of CPC.
● Section 10 of CPC deals with the principle of Res Sub Judice
● Section 11 of CPC deals with the principle of Res Judicata
● A plaint can be amended under order 6 rule 17 of CPC.
● A written statement can be amended under order 6 rule 17 of CPC.
● Order 7 of CPC deals with the plaint
● Order 8 of CPC deals with the Written Statement
● In cases of appeals and revisions the respondents are not required to file replies.
● Time for filing written statement is 30 days.
● In case of Government Institutions time period for filing written statement is 90 days.
● When an organization has head office in one city and branch office in another city then suit can be filed anywhere.
● A civil suit is filed where cause of action takes place or where the defendant resides.
● A female child remains with mother till she reaches her puberty.
● A male child remains with mother till the age of 7 years.
● Father is liable to maintain his children no matter with whom they live.
● When a mother contracts second marriage, she loses her right of child custody.
● Khula can be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939.
● When a woman has right of Talaq-e-Tafweez in column 18 then she can take Talaq directly from Arbitration council.
● A husband can contract second marriage if arbitration council permits him.
● A husband is liable to pay full Haq Mehr to first wife before contracting second marriage.
● Wife is liable to return Haq Mehar in case of Khula.
● If a wife is not in a position to return Haq Mehar, her Khula decree cannot be stopped.
● Khula decree becomes effective after six months of its passing.
● Khula is counted as single Talaq in Pakistan.
● Suit for declaration is filed under section 42 of Specific Relief Act 1877.
● Declaration can be in rem or in personam.
● Nominee is not an Inheritor. He is liable to distribute the shares as per Islamic Law of Inheritance.
● Right of wife in the inheritance of deceased is 1/8 in case of children.
● Right of wife in inheritance is 1/4th in case there are no children.
● Right of mother and father is 1/6 each.
● Right of husband in the property of wife is 1/4th in case of children.
● Right of husband in the property of wife is 1/2 in case of no children.
● Single daughter inherits 1/2 property.
● 2 or more than 2 daughters inherit 2/3rd property
● Single son inherits full property.
● Mother and father are natural guardians of children.
● Banking court is equal to the district court.
● Murderer has no share in inheritance.
● Specific relief cannot be granted for the mere purpose of enforcing a penal .
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