Civil Procedure and Law of Evidence
This domain tests the Code of Civil Procedure, 1908 and the Qanun-e-Shahadat Order, 1984, which replaced the Evidence Act, 1872 in Pakistan.
Jurisdiction and suit
Civil courts have jurisdiction unless expressly or impliedly barred (s. 9). Res judicata (s. 11) bars a second suit on the same matter between the same parties. Pleadings are the plaint (Order VII) and written statement (Order VIII); amendment is under Order VI, rule 17; issues are framed under Order XIV.
Interim relief
A temporary injunction under Order XXXIX requires a prima facie case, balance of convenience and irreparable injury; notice is the rule, and ex parte orders must be justified. Attachment before judgment (Order XXXVIII) and receivers (Order XL) are extraordinary remedies.
Appeals and review
First appeal lies under s. 96; second appeal under s. 100 only on a substantial question of law. Review is s. 114; revision is s. 115, confined to jurisdictional error, illegality or material irregularity. Inherent powers under s. 151 exist to prevent abuse of process.
Evidence
Relevance, res gestae, admissions and confessions, dying declarations, expert opinion, character and similar-fact evidence, documentary and oral proof, burden of proof, presumptions and estoppel are all examinable. Confessions to police are not proved; the QSO also prescribes rules on the competence and number of witnesses in financial matters.
Worked example
A sues on an oral loan; the defendant denies it. The plaintiff must prove the transaction and the QSO's attestation and witness requirements for financial obligations may require corroboration. If the trial court's finding rests on evidence, a second appeal cannot reopen it; only a substantial question of law is open.
Traps
Using revision as a substitute for appeal; treating an injunction as a final remedy; forgetting the QSO replaced the Evidence Act; confusing res judicata with stay of suit.