FAQ

Why delays in conducting cases?

The cases took too long to be decided by the Judiciary and particularly, the trial cases. Trial cases, as per law, required particular procedure in order to justify findings. The Claimant / litigant is unaware of the core issues faced by the Judicial set up. There are many factors which involved in delaying cases to decide. Few common issues faced are burden of cases on the court, lengthy procedure provided under the law, non-appearance of the parties either the plaintiffs or defendants, insufficient number of the judges and their frequent transfer, non-serious mode of conducting cases by the lawyers, staff / officials.

For overseas Pakistanis to encourage them in their securing speedy justice, separate courts have been established there, where proceedings are conducted without unnecessary delay. To appreciate the procedure and to conclude the cases earlier, the court rooms have facility of video links connections, so that the evidence, if so required, from outside country can be examined in short period of time.

Is there any solution without litigation?

As much as the differences / disputes are there, there are hardly chances that these should be resolved amicably without having recourse to the courts. However, the parties can try their own while highlight the issues of contentions. Although, such amicable solution / method is not only appreciable in resolving disputes but it has lasting effects too. Apart from this practice, ADR (Alternate Dispute Resolution) is recommended for resolving issues which includes arbitration and mediation etc. for a particular dispute to be resolved.

Whether Personal appearance is necessary or not in conducting cases?

The cases in Trial Court/Lower Forum require evidence to be adduced / produced in order to prove the claim. Although, the documentary evidence is sufficient for the matter before the Trial Court but the courts are not satisfied being the procedure to produce the oral evidence in shape of witnesses before the court. The attesting witnesses / witnesses substantiate the matter in issue in line with the plaint filed before the court and in order to check the credibility of the witnesses, the law provides the procedure to cross-exam them so as the truth of their statement should be surface to decide the matter before the court. For this purposes the personal appearance is necessary for few of the legal heirs for satisfaction of the evidence. Although, in case of non-appearance, the court can accept the special attorneys appointed on behalf of the parties to appear and plead the matter on their behalf by presenting special power of attorney, executed by such person, to the court about the fact of statement and entitlement in the pending matter / case.  

Delay in process of dispensation of justice?

To redress cases for equitable relief, it is essential that these should be decided well within time but is hard to say that litigation process took too long to come to conclusion by the time, the remedy is availed, further developments / actions took place which sometime referred the case as a futile exercise. The administration of justice demands that these cases should be preferred on priority basis of its earlier disposal.  There are many reasons where the process of final decision is pathetically lengthy and sometime required decades to resolve.

The principle of law that “Justice delayed justice denied” relative the administration of justice on speedy or urgent basis. The system which does not care of this principle of law, suffers inherent defect in its structure. All platform including courts, tribunals, arbitrators, judges and other local and traditional ways where matters are pending for disposal, have to follow this principle to establish effective judicial system.

There are several reasons where such delay causes financial or colossal losses to the parties particularly in those projects where time is considered to be the essence of contract or provisions of services but despite of this fact the cases proceed slowly. Overburdened, overlooked, procedural demands, parties’ intention, ineffective administration system are the main root causes of delay.