SLC22-W4 / Procedural Law

Source

If I talk about my personal choice about procedural law then here I am going with Code of Civil Procedure 1908 of my country Pakistan. I am considering it procedural law due to a reason that it highlights mainly procedures, guidelines and rules for conduction of civil cases in courts of my country Pakistan.

Code of civil procedure is providing guidelines for filing up of suits, to serve notices,to conduct trials as well as for appealing judgments.Tbese are also defining roles and responsibilities for judges, lawyers as well as other officials of court By the regulation of processes of civil litigation code of civil procedure is used for giving surety of transparency, efficiency as well as consistency in administrating justice which makes it most important part of procedural law in my country Pakistan.

If I talk about principles of procedural law present in code of civil procedure according to my analysis then these are written below;

Principle of equality

Code of civil procedure is used for giving surety that both parties are having equality in chances for presenting their cases (Order X, Rule 1).This law is providing equality in treatment for parties in terms of noticing, hearing as well as in process of decision-making.

Principle of legality

Code of civil procedure is also emphasizing importance to comply with provisions of law in all actions (Section 3).This law is requiring from parties for following prescribed procedures and adhering with rules of evidence.

Principle of economy

Code of civil procedure major purpose is for preventing unimportant costs and delaying to provide a quick and efficient disposal of cases (Order XVII, Rule 1).This law is permitting for dismissal of summary for frivolous suits.

Principle of good faith

Code of civil procedure is expecting parties for acting in good faith and for prohibiting of fraud acts (Section 35).This law is providing for giving punishments for parties can delay or cause obstruction of proceedings wilfully.

Principle of publicity

Code of civil procedure is used for providing for public trials instead of those cases in which law is requiring otherwise (Section 11).This law is permitting for publication of decisions of court.

Source

So here CPC is embodying all the principles mentioned above of procedural law for major purpose of giving surety of transparency, efficiency as well as justice in administrating of civil cases in my country Pakistan.

Process

If I talk about that fact which is identifying with "Process" is all about lawsuit which is started in this case by Mr. Ramirez for termination of contract because of Mr. Perez as he breach of a contract. This is referring to proper legal and valid action as well as proceeding from complaint filing to final judgment.

Procedure

If I talk about facts which are identifying with "Procedure" in this case then there are particular steps which are taken within processes like;

• Mr. Ramirez promotion of a judicial inspection of premises of business
• Court agreeing with inspection
• Set of proper day, time as well as date for inspection

If I conclude it then this event is referring to formalities, actions as well as steps which are taken for achieving specific goals or resolving of particular issue in this process.So these were some particular procedures following for gathering evidence and for building case.

If I talk about this scenario then following are procedural subjects which are identified;

Procedural subjects

(Pedro)Active Procedural Subject (Plaintiff)

If I talk about Pedro then he is one who started lawsuit by filing claim in court which was searching out for compensation for damages caused due to vehicle of Maria.

Source

(Maria)Passive Procedural Subject(Defendant)

Maria in this case is one who is against whom filled lawsuit and now Maria have for responding to claim and defending herself in court.

(Mr. Manuel)Third-Party Procedural Subject

Mr Manuel is owner of vehicle and he is one who could be implicated in lawsuit as well as his interests can get affected by outcome of overall scenerio.

These all are characters which are playing their roles differently in procedural process as well as their interests are represented and protected in entire lawsuit.