Reform of pre-trial procedure in the code of civil procedur, 1908 to eliminate international delays and reduce costs.

Abstract

“Every civilized system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal right. The means provided are courts of justice to which every citizen has a constitutional right of access.”1 This brief extract from the dictum of Lord Dictum succinctly summarizes the purpose of the Civil Justice System in any country. To ensuring that this purpose is achieved access to justice for all citizens must be ensured. To do so, it is necessary to dispose of cases timely and at proportionate cost. Yet the civil justice system of Pakistan presents are completely opposite view, with cases being prolonged for as long as twenty years and very little expectation of any efficacious remedy. This abject failure of the civil justice system can primarily be traced to the pre-trial stage of a civil suit. This is the stage where most delays occur, and parties often end up exhausting their energies and finances before the case even enters the trial stage. This failure is attributable partly to the outmoded procedural rules and legislation which have rarely been updated since independence, and partly to the unwillingness of the legal practitioners and judiciary to change the status quo. This research paper will explore some of the reasons for the failure of the civil justice system and propose changes which may make the system more efficient and more in line with a civilized system of government.