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  1. Civil suits are filed in the district’s courtroom before a Senior Civil Judge. 
  1. Summary lawsuits (Order 37 of the CPC) are filed at the District Judge’s court. 
  1. Family suits are regulated by the Family Courts Act of 1964 and the West Pakistan Family Court Rules of 1965; they are normally filed where the female dwells. 
  1. Appeals and Revisions: First and second appeals, as well as civil revisions, have different time restrictions and procedures. 

Understanding Legal Procedures and Rules 

  1. Injunctions—both temporary and permanent: 
  1. Temporary injunctions are granted under Order 39, Rules 1 and 2 of the CPC. 
  1. The Specific Relief Act of 1877 provides for a permanent stay. 
  1. Civil suits applications can be brought at any moment, and judges must either allow or reject them. 
  1. Decrees and orders: 
  1. Decrees might be tentative or final, and they are always appealable. 
  1. Orders: Revisions are generally permitted unless prohibited by CPC Section 104 or Order 43. 

Limitation periods: 

  1. The first appeal period is 30 days. 
  1. Second appeal: sixty days. 
  1. Civil revision takes 90 days. 

Specific Legal Provisions 

  1. Res Sub Judice (Section 10, CPC): Criminalises the trial of any claim in which the subject matter is directly and substantially identical to that of a previously brought suit. 
  1. Res Judicata (Section 11, CPC) prohibits re-litigation of issues previously decided by a competent court. 
  1. Execution Actions (Order 21, CPC): Must be started within three years of the cause of action. 

4. Family Law Issues 

  1. Custody and Visitation Rights: Unless defaulted, both parents enjoy visitation rights, and there are separate regulations for male and female child custody. 
  1. Khula and Talaq are governed by the Dissolution of Muslim Marriages Act of 1939, which includes particular requirements for Khula such as the return of Haq Mehr. 
  1. Inheritance is governed by Islamic law, with particular shares going to spouses, parents, and children. 

Writs and Constitutional Concerns 

  1. Writs include Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto, all of which can be filed under Article 199 of the Pakistani constitution. 
  1. Public Interest Litigation: Article 184(3) of the Constitution allows for direct filing before the Supreme Court. 

6. Understanding Legal Terms and Principles. 

  1. Preliminary vs. Final Decrees: Initial decrees are interlocutory and can be disputed before the final judgement is issued; final decrees end the case. 
  1. Perpetual vs. Temporary Injunctions: Temporary injunctions provide remedy while a lawsuit is pending, but perpetual injunctions are granted as final relief. 

Practical Considerations for New Lawyers 

  1. Draughting Skills: Learn how to draft plaints, written statements, appeals, and amendments while adhering to legal principles and procedural norms. 
  1. Courtroom Etiquette: Be familiar with courtroom processes, ethics, and client management. 
  1. Case Law Research: Stay current with latest case laws and judgements that may affect your situations. 
  1. A new lawyer can lay the groundwork for a successful legal career in Pakistan by learning these subjects, while litigants can gain a basic awareness of legal procedures and their rights under the system. 

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