Necessary legislation is the need of the hour in certain provisions of Civil Procedure Code (CPC) and Limitation Act 1908 to have dispensation of justice on the basis of equality and fair play.
A case study revealed here on Friday that Federation of Pakistan filed a civil suit for recovery of Rs 2.1 million against private contractor (Messrs SNS Construction Islamabad) in the court of senior civil judge Islamabad on June 2003 and appeal is still pending reason being paucity of legal provisions.
In his final order the Civil Judge First Class said, "In the circumstances when no cogent reason on the part of counsel for the plaintiff has been given for another adjournment even a last opportunity was granted to him, his evidence is closed under Order 17 Rule 3 of CPC and the instant suit is hereby dismissed."
Certified copies of order sheet disclosed that during adjudication, as many as 610 days were given to the plaintiff to produce evidence in the court who failed in doing so, however, proceeding in the case was adjourned in 872 days due to administrative lacunas including judicial officer being on leave, case transferred from one court to another or shortage of hearing time because of burden on courts.
Besides, 598 days precious time of both court and the parties were consumed due to non-appearance of either party's counsel for laxity in the pertinent provisions of law. The Civil Courts dispense justice under the provisions of CPC 1808 which provides procedural mechanism to administer justice which Order 17 Rule 3 guides how to produce evidence in the adjudication sans prescribing the time limit.
When contacted, Asma Jahangir President Supreme Court Bar Association (SCBA) by this scribe Asma Jahangir was of the view that legislation would be an excellent remedy, which could lay down principles to address any type of challenge in administration of justice.
Former Vice President SCBA Muhammad Ikram Chaudhry said, "Administration of justice and rule of law demands attention of legislatures in general and amending the CPC and Limitation Act 1908 in particular to address causes of delay in litigation."
An Advocate of Islamabad High Court Sharafat Ali Chaudhry demanded of the lawmakers to give immediate attention for amending relevant provisions of the CPC and Limitation Act 1908' to do away with the delay and fruitless litigation trends which would definitely be supportive of the National Judicial Policy.