پلیڈنگز میں غلطیوں پر سپریم کورٹ کا سخت نوٹس۔

 Whilst hearing this matter reference was made to the plaint , which , like many others , does not appear to conform to the requirements of the Civil Procedure Code , 1908 ( ' the Code ) as it lacks a prayer clause at the end of the plaint ; the prayer is incorporated in the title together with submissions .

We have noted that pleadings also often are not comply with the provisions of Orders VII and VIII of the Code ; are not verified in accordance with Order VI , rule 15 of the Code , the mandated list of legal heirs not provided ; paragraphs with regard to territorial and pecuniary jurisdiction are often absent ; cause of action , and when it had occurred , not stated and valuation , applicable court fees and jurisdiction not mentioned .

Though pleadings may be in Urdu , however , when handwritten , often due care is not taken , and sometimes they are also difficult to read ; requirements as to spacing and numbering of paragraphs is also not followed .

Judges too overlook the abovementioned defects and ' shortcomings and do not have the same redressed , to conform to the requirements of the law .

By the time matters come up to this Court a decade or more has elapsed , and the consequences of the defects / shortcomings in the pleadings are suffered by the parties . And , when these are pointed out we are informed that petition writers , and not advocates , draft pleadings. Whether petition writers are authorized to draft pleadings under The Legal Practitioners and Bar Councils Act , 1973 and The Pakistan Legal Practitioners and Bar Councils Rules , 1976 also needs consideration .

In order to address the abovementioned perennial problems it would be appropriate to issue notices to the Pakistan Bar Council and all provincial Bar Councils so that they can assist us in redressing them . They may also submit written proposals in this regard . It is clarified that the Bar Councils are called upon to only assist with regard to the observations made in paragraphs 3 to 6 above .

CIVIL REVIEW PETITION No.410 OF 2023 IN CIVIL APPEAL No.310 OF 2021
Fazeelat Nasreen and another vs Maqsood Begum and others