NCSW approves amendments in Civil Procedures Code by KP govt

Islamabad: The National Commission on the Status of Women (NCSW) has welcomed the amendments in Civil Procedures Code 1908 approved by Khyber Pakhtunkhawa (KP) government to ensue conclusion of trial in civil cases in one year from the institution of suit.

In a statement, issued by Chairperson National Commission on the Status of Women (NCSW) Khawar Mumtaz on Thursday, the commission appreciated KP government for taking a positive step in the right direction. The statement expressed the hope that other provinces would also take legislative measures to ensure quick disposal of cases in civil courts.

The amendments, approved by the KP cabinet in collaboration with Peshawar High Court on January 15, 2018, provides for a specific time period for different stages of a case under trial, from framing of issues till written judgment by the court. There will be 60 days at maximum for completion of pleadings and examination of record and exhibits will have to be completed within 30 days. Petitions for the implementation of judgment will also be dealt with in the same manner.

The amendments provide for a strict check on adjournments and restrict adjournmentrequests to only two chances. The new system states that all dates of hearing will be given in consultation with the lawyers of both parties to avoid adjournments. The issues would be framed within seven days from the institution of the suit and the court has also been empowered to pass summary judgment.

Besides that, written judgment would be rendered within 15 days of the decision by civil and appellate court and penalties would be imposed on parties that fail to obey case management and scheduling order.

Civil cases normally take decades to conclude. “Delay in decisions erodes people’s trust in the administration of justice and they are left with no choice but out of the court settlement or approaching other ”adjudication” mechanisms even having no legal sanctity,” the NCSW statement stated.

The commission believed that the amendment would enhance public trust in courts and would encourage litigants, including women, to file their cases in courts instead of approaching self-appointed adjudication mechanisms.