𝙋𝙧𝙞𝙣𝙘𝙞𝙥𝙡𝙚𝙨 𝘾𝙞𝙫𝙞𝙡 𝙇𝙖𝙬 𝙥𝙧𝙖𝙘𝙩𝙞𝙘𝙚 𝙞𝙣 𝙋𝙖𝙠𝙞𝙨𝙩𝙖𝙣...

 𝙋𝙧𝙞𝙣𝙘𝙞𝙥𝙡𝙚𝙨 𝘾𝙞𝙫𝙞𝙡 𝙇𝙖𝙬 𝙥𝙧𝙖𝙘𝙩𝙞𝙘𝙚 𝙞𝙣 𝙋𝙖𝙠𝙞𝙨𝙩𝙖𝙣...

● 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 Talaaq 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 .