SC lays down rules for uniformity in civil pleadings

• Trial courts directed to scrutinise plaints at initial stage
• Bar councils asked to consider standard formats for pleadings
• Chief Justice of Pakistan Yahya Afridi stresses transparent procurement, accountability in judiciary

ISLAMABAD: The Supreme Court on Monday formulated a set of guidelines to promote uniformity, improve the quality of pleadings and facilitate the efficient administration of civil justice at the trial court level.

In a 26-page judgement authored by Justice Shahid Bilal Hassan, the court observed that it would be beneficial if these principles were incorporated into and emphasised in the teaching of civil procedure and legal drafting modules at law colleges. This, the SC emphasised, would help equip future members of the bar with the requisite skills at the threshold of their professional careers.

Justice Hassan and Justice Shakeel Ahmad were part of the two-judge bench that had taken up a review petition under Article 188 of the Constitution against the SC’s April 26, 2023 verdict, through which the appeal of the present petitioners had been dismissed.

The Supreme Court, however, accepted the review petition filed by Fazeelat Nasreen and others by setting aside its own April 26 judgement in a property dispute spanning nearly five decades.

The court observed that the original suit filed by the respondents was “hopelessly barred by limitation” and that the high court concerned had exceeded its revisional jurisdiction by disturbing concurrent findings of fact recorded by the trial court and the first appellate court.

Keeping in view the persistent non-compliance of pleadings with the mandatory procedural requirements of the Civil Procedure Code (CPC) 1908, the Supreme Court said it had become necessary to lay down guiding principles for courts of first instance (trial courts).

On presentation or receipt of a plaint, the trial court must examine whether the plaint contains all particulars specified in the CPC and conforms to the other rules of pleadings as well as rules framed by the high court. The trial court must also examine whether there is, prima facie, any non-joinder or misjoinder of parties or causes of action, and whether any party to the suit is a minor and, if so, whether proper representation has been ensured, the judgement said.

The principles also require trial courts to consider whether the plaint has been duly signed and verified, whether the suit falls within the jurisdiction of the court concerned or should be returned for presentation before the proper court, and whether the plaint is liable to rejection for any reason provided under the law.

The guidelines further suggest examining whether documents attached to the plaint are accompanied by lists in the prescribed form and are in order, whether the plaintiff has filed a proceeding containing an address for service during litigation, and whether the plaint is accompanied by a statement giving the names and addresses of legal representatives.

The trial court should also determine whether the suit is barred by limitation and, if prima facie barred, whether the plaint discloses grounds for exemption. It should also examine whether the plaint contains a proper and specific relief clause setting out the full relief claimed and whether the requisite court fee has been correctly affixed in accordance with the law.

Similarly, upon submission of the written statement, the court will examine whether it has been filed on or before the first hearing, and adjournments for this purpose will be granted only for sufficient cause.

The period for filing a written statement will not ordinarily exceed 30 days, and failure to comply will entail consequences in accordance with law, the principles suggest. The written statement must be accompanied by all documents in the possession or power of the defendant on which reliance is placed, along with a list of documents not in such possession but intended to be relied upon.

The bar councils, it suggested, may consider formulating and issuing standardised or model formats for plaints, written statements and other essential pleadings. While such formats cannot substitute the application of legal mind required in each case, they may serve as guiding templates to ensure compliance with basic legal requirements, proper structuring, and inclusion of all necessary particulars.

In-house training

Meanwhile, the Supreme Court reaffirmed its commitment to transparency in public expenditure, integrity in procurement processes, and institutional quality management through specialised in-house training programmes on the Public Procurement Regulatory Authority Rules and Standardisation & Quality Management Systems.

Addressing a ceremony marking the conclusion of the training sessions held at the Supreme Court, Chief Justice of Pakistan Yahya Afridi observed that transparent procurement practices, standardised administrative systems, and robust quality management mechanisms are essential for ensuring institutional integrity, accountability, and the efficient utilisation of public resources.

He emphasised that modern judicial institutions must adopt internationally recognised governance and management standards to strengthen public trust and improve service delivery.

Published in Dawn, May 19th, 2026