The Supreme Court has issued detailed guidelines for drafting pleadings in civil cases before trial courts to improve consistency, legal quality and the administration of civil justice.

The guidelines were issued in a 26-page judgment written by Justice Shahid Bilal Hassan while deciding a review petition in a civil matter.

The court observed that recurring problems in civil pleadings and repeated non-compliance with mandatory procedural requirements needed broader attention. It said such issues should also be addressed in legal education, especially in civil procedure and legal drafting courses at law colleges.

The judgment said future lawyers should be trained in proper drafting from the start of their professional careers.

The court also said bar councils may consider preparing standard or model formats for plaints, written statements and other key pleadings. However, it clarified that such formats cannot replace the legal judgment required in each case.

According to the court, model formats can still help lawyers meet basic legal requirements, structure pleadings properly and include all necessary details. It said this would also help younger lawyers develop better drafting practices.

The Supreme Court said both the bench and the bar share responsibility for improving pleadings. Courts must scrutinize cases and enforce procedural law, while lawyers must submit pleadings that are legally sound, properly arranged and compliant with statutory requirements.

Under the guidelines, a written statement should normally be filed on or before the first hearing. The court said adjournments for filing written statements should be granted only when sufficient cause exists.

It added that the filing period should not usually exceed 30 days. Failure to meet this requirement will carry legal consequences.

The court directed that the order be circulated to all district and sessions judges. They have been asked to share it with civil judges working under their administrative control.

A copy will also be sent to relevant bar associations so members of the legal community can be informed about the procedural requirements and pleading guidelines.

The court further directed the district judiciary to monitor compliance in letter and spirit. It said administrative steps may be taken where needed to maintain procedural discipline.

The guidelines also require a defendant to attach all documents in their possession or power on which they rely. If some documents are not in their possession but will be relied upon, the defendant must submit a list of those documents.

The defendant must also provide an address for service during the proceedings.

The Supreme Court said written statements must follow the general rules of pleadings under Orders VI and VIII of the Code of Civil Procedure, 1908.

In cases involving multiple defendants, separate written statements should normally be filed unless their defense is identical. The court said judges must ensure that different or conflicting defenses are not wrongly merged into a single joint pleading.

The court also explained the rules for set-off claims. It said any set-off must relate to a definite and ascertained monetary amount, must involve the same parties in the same legal capacity and must be duly stamped as a plaint to that extent.

The judgment added that courts may require replication or additional pleadings when needed to clarify the dispute and frame issues properly.

The ruling is expected to guide trial courts, lawyers and bar associations in improving the quality and discipline of civil litigation across the country.

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