Cases Pertaining to Properties

1. Urban immoveable property
2. Agricultural immovable property

Agricultural Immoveable Properties

The suit for partition / division of agricultural property / land, two courts stated below have parallel and simultaneous jurisdiction to entertain and dispose of such cases.

1. i) Civil Courts (Under the Civil Procedure Code)
2. ii) Revenue Courts (Under the Land Revenue Act)

Although, the procedure of entertaining and disposing of the cases is the same under both the above acts, yet it is the discretion / choice of the litigant to file his case in anyone of the two courts. Initial Revenue Courts consist of the Court of Collector; the Court of Deputy Collector Grade I or Grade II etc.

Cases Regarding Division / Partition of Properties

• Partition / Division of ancestral land and land left by the father / mother etc. among the legal heirs.
• Partition of un-partitioned land jointly owned.
• Partition of land holding as general attorney of the owner or if purchased without sale deed as general attorney.
• Partition of land purchased in auction in possession of the opposite party.

The Process and Procedure from Filing the Suit till Pronouncement of Judgment for Division / Partition of Agricultural  Properties

Stage 1

Filing of Suit

The suit for division / partition of agricultural properties can be filed in the civil court under the partition act as prescribed in Civil Procedure Code or before the Revenue Courts under the Land Revenue Act for disposal of such case.

The case regarding agricultural land / property can be filed by attaching the following documentary proof along with the suit by the litigant, as the said document are essential as per law.

• Death Certificate of the Deceased / Predecessor- in-interest
• Proof of ownership of the property of the deceased such as a Fard-e-Milkiat issued by the Revenue Department (Halqa Patwari) employee competent to issue the same.
• Copy of mutation of land in favor of deceased by Revenue Department.
• Copy of F.R.C (Family Registration Certificate) of the legal heirs / dependents of the deceased issued by the National Database and Registration Authority (NADRA).
• Copy of aks Shajara (map of site plan of land / property) issued by the Halqa Patwari competent person to issue the above document.

Stage 2

Issuance of Process / Notice etc. to summon the Opposite Party/Parties by the Court For their Appearance in the Case

• Issuance of routine standard notices

The court, after receiving the case issues notice, postal service, courier service and service through process server authorized in this behalf to obtain presence of the opposite party in the court, in the case.

This process is issued by the court under the provisions of Civil Procedure Court. If the opposite party does not appear in the court after issuance of above process, the court repeats the same service for quite some times.

Once the court is satisfied that the opposite party is avoiding to appear in the court in response to the above process the court resorts to substituted service as per law.

• Substituted Service for Appearance of the Opposite Party

This is the service in which the court orders affixture of notice by the process server on the property in question and outside the residence/residences of the defendant/defendants or affixture at some conspicuous place in the same locality where defendant/defendants has/have his/their residence/residences so as to give information to him/them that a case is pending in the court against him/them if he does not appear, the court shall proceed against him/them ex-party if this service also failed to force the defendant/defendants to put his/their appearance in the case before the court. the court adopts last and final process for his appearance.

• Service of Defendant through Proclamation

As a last resort the court adopts last and final process for ensuring the appearance of defendant/defendants through Proclamation means publication of notice / information in some regular newspaper recognized by law informing the defendant that he or she should appear in the case pending in such court on such date otherwise ex-party proceedings shall be taken against him or her.

If the defendant does not appear despite proclamation he is proceeded ex-party, with the result that right of defendant/defendants to defendant the case is closed and then the case proceeds ex-party against the opposite party/parties.

Further Difficulties and Problems and Delays which Might Occur in the Case before completion of Preliminary Stage 2 

During the preliminary stage of the case in which the service of the defendant is required more difficulties and problems can arise. Un-necessary delay occurs due to negative attitude of the defendant to remain absent from the court willfully to prolong the process despite knowledge of process for service issued by the court.

It is petty and deplorable that the court issues process of service one after the other at the expense of the suitor to acquire presence of the opposite party in the case but due to his mala-fide negative attitude and dilatory tactics the processes issued by the court failed completely as a result of which both money and time of the suitor are wasted for fault of his, without any penalty or damage to the defendant.

Although, it is shameful, but it is a reality that after completion of entire process when defendant is proceeded ex-party due to his non-appearance, he simply come to court with an application praying therein to the court to set aside ex-party proceedings against him giving simple reasons that he was not aware of the case pending in the court or takes plea that he was not served according to law.

The court becomes helpless and has to set-aside the ex-party proceedings against him.

Because the law and equity demand that the case should be decided on merit therefore, on the basis of this consideration of law supported by Judgments of Apex Courts (High courts and Supreme Court), the court become helpless, has no other option except to set aside the ex-party proceedings against him permitting him to participate in the proceedings for decision on merit.

Mala-fide and dilatory tactics only prolong the case un-necessarily which is painful and troublesome, wastage of time and monitory resources, tantamount to depriving the suitor to get relief in time or within the target time, the suitor has assessed and calculated for himself.

At this preliminary stage, it is also general and routine to prolong the case of the opposite party after appearing in the case causes delay by filing appeal or revision in the next higher court against the order passed by the court.

Some times in appeal or revision before the next higher court the proceedings before the trial court are stopped till the final disposal of appeal or revision, which again takes time for its disposal.

Apart from the above said tactics the opposite party, after appearance in the case, prepares false, fictitious and forged documents by fraud which the party files in the court along with their reply. So these are also the tactics which adds to the delay in the disposal of the case.

On certain occasion the delays are occur in the case without the fault of the parties and the court. Sometimes the court goes on leave as a result of which all the cases which are fixed for hearing are adjourned which also becomes a cause of delay in the case.

Similarly most of the time the cases are adjourned due to sudden declaration of public holiday, due to some calamity, due to act of the God, due to political disturbance in the country and due to strike announced by the Bar Associations of the lawyers.    

Stage 3

Framing of Issues

After procuring the reply of the opposite party the court frames issues out of the Pleadings (plaint filed by the plaintiff and written statement furnished by the defendant in support of his version) of the parties.

The issues are framed by the court to sort out dispute / controversy between the parties in the case.

Each party has to prove the issues, burden of which is placed upon him and to disprove the issues burden of which is placed on the opposite party.

At this stage the party interested to cause delay has opportunities to file misconceived and frivolous petitions for framing of additional issues before the court; the court as per law is bound to dispose that miscellaneous application / petition which is filed in the court.

This is the stage that also causes delay in the case because after these miscellaneous petitions moved in the court, the court becomes bound under the law to ask the other party to file reply to that petition.

After that the court has to hear the arguments of the parties for and against the said petition and then final order on the petition is announced by the court.

In the case of dismissal of the said petitions, the party also has the right to assail the decision of the court from the first court of appeal to the Supreme Court of Pakistan.

Stage 4

Evidence by the Parties to Prove their Case  

After framing the issues; the court orders the parties to lead their evidence to prove their case against each other. Generally this is the plaintiff who starts / leads his evidence first.

Each party is bound by law to file a list of witnesses which the party wants to produce in the court within a specified period.

The Parties have the right to produce private as well as official witnesses with or without official record if so needed. If needed, official witnesses with or without record can also be mentioned in the list of witnesses or in a separate list of witnesses.

Recording of evidence of the parties is one of the most important stage of the case. Production of ocular as well as documentary evidence is the key point in the case. Whichever party succeeds to prove his case by ocular as well as documentary evidence, resultantly the case is decided in his favor.        

But, again at this stage the party interested to cause delay has ample opportunities to manipulate the situation for avoiding the presence of his witnesses before the court.

The necessity of filing the list of witnesses is that a party can produce only those witnesses which are mentioned in the list and non-else.

Whereas, for causing the undue delay, a party can produce additional witness or witnesses other than those mentioned in the list. For procuring the permission of the court for production of additional witness the interested party can file an application; and in case of refusal of the court the aggrieved party has the right to assail the decision of the trial court from the first court of appeal to the Supreme Court of Pakistan.

Stage 5

Final Arguments of the Case

After the recording of evidence of both the parties, the Counsels of the parties are asked / ordered by the court to offer / put forward their respective arguments in the case. After hearing the arguments of the Counsels of the parties in support of their case, the court fixes the case for final decision.

Delay which Can Occur in the Case during the Final Arguments

Most of the time, lot of delay occurs in the case during the stage of final arguments. The party interested to cause delay starts getting adjournments from the court in the case on different pretext in order to achieve their nefarious designs, sometimes the interested party in connivance with the staff of the court (reader of the court etc.) by giving illegal gratification to them, manage to get several adjournments in the case. Sometimes the party with mala-fide intention obtains adjournments on the pretext of illness of the counsel; mostly the counsel is stated to be busy in other cases, either in the lower courts or in the higher courts. Sometimes adjournment is sought on account of death of some close relative of the counsel which is often not refused by the court. It also so happen that the court suddenly goes on leave on medical or other ground on which account the case remains adjourned till the arrival of the court or the judge. Transfer of judge / court is also a strong reason for delay in the case, as the case remains undecided till the arrival of new judge or court. Due to delay at this stage, the litigant has to suffer mentally, physically, monetarily and in term of time for no fault of his.   

Stage 6

Pronouncement of Judgment

The court after going through the entire record of the case and considering the arguments of the parties passes its final judgment in the case.

How the Company shall assist the Litigant for Overcoming his Difficulties Stated in Detail Above

Although the difficulties faced by the litigant during stages 2, 3, 4 and 5 of the case are indeed very tough, troublesome, nerve breaking and apparently looking difficult to combat with yet they are soluble. These problems generally and mostly arise, when after filing of the case the court procures attendance of the opposite party in the case.

The negative, mala-fide and dilatory tactics of the opposite party to cause torture to the litigant by this delay in the case intentionally.

Pertinent to mention here, that the case takes extraordinary time for its conclusion and this delay can take years to decide the case and ultimately the worries of the litigant goes on increasing day by day.

In these circumstances the litigant needs the services of a competent, vigilant lawyer, how can with his ability, professionalism, waste and long experience of handling such matters efficiently and intelligently by also having an influence over the staff of the court including process serving staff of the court.

We are a law company with the name and style of —— law company which has been successfully resolving the problems and difficulties of the litigant arising during the trial up to the final decision of the case for the last several years in the courts of law in the Province of Punjab, Pakistan.

In order to get his problems and difficulties resolved, the litigant shall have to execute and sign an agreement with the company enabling them to manage his case through the lawyers of their choice according to practical terms.

The settled terms and conditions shall empower the company for overcoming the difficulties of the litigant for disposal of his in reasonable swift manner, within shortest possible frame of time.

Apart from other term and conditions settled between the parties for the quick disposal of the case, the litigant shall have to pay fee / remuneration and other miscellaneous expenses to the company to resolve his problems and difficulties which might arise from time to time in this behalf.

The parties shall be bound by the terms and conditions of the agreement.