The National Commission on the Status of Women (NCSW) welcomes the amendment in Civil Procedures Code 1908 approved by Khyber Pakhtunkhwa (KP) government to ensue conclusion of trial in civil cases in one year from the institution of suit, says a press release issued on Thursday.
The amendment, 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 maximum 60 days for completion of pleadings and 30 days for examination of record and exhibits. 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 adjournment requests 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 and the court has also been empowered to pass summary judgment.
Besides that, written judgment would be issued 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.
The Commission welcomes the decision and congratulates KP government for taking a positive step in the right direction. The NCSW expects that other provinces would also take legislative measures to ensure quick disposal of cases in civil courts.
The 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 Commission believes that the amendment will enhance public trust on courts and will encourage litigants, including women, to file their cases in courts instead of approaching self-appointed adjudication mechanisms.-PR