SLC22-W4 / Procedural Law

In Pakistan, The Civil Procedure Code (CPC) 1908 is considered to be a part of Procedural Law in that it furnishes a specific framework for the regulation of the working of the civil courts and the dispensing of fair trial. It lays down how civil cases should proceed, from filing to judgment.

This law ensures the orderly resolution of disputes by laying down rules on pleadings, evidence, appeal, and execution of judgments. By setting these procedures, the CPC helps parties effectively enforce their substantive rights through the legal system.

B. Indicate which of the principles of procedural law are present in that law and why.

This Civil Procedure Code 1908 incorporates many principles of procedural law. The Principle of Equality can be seen in the provision for equal opportunity to both parties during the proceeding. The Principle of Legality asks for strict adherence to the legal rules. The Principle of Economy is provided for by streamlining the procedures to avoid unnecessary delay.

And lastly, the Principle of Good Faith ensures that all parties act honestly and refrain from fraudulent acts while ensuring justice. These principles make the legal process both efficient and just.

Yeah i will not forget to mention that these principles are not only to uphold fairness but it also foster the trust in the legal system of ones who ensuring that justice is accessible and meaningful for everyone.

Part II
Practical case.

According to what you saw in class, say which of the facts of the case identifies you with "Process", which identifies you with "Procedure" and explain the reason for your answer.

In class we learnt 2 things first "Process", which refers to overall legal action, such as Mr. Ramírez filing a lawsuit to terminate the contract due to a breach. It's the process of initiating a legal case and presenting evidence which justifies this claim.

Secondly "Procedure" is the specifics of the step taken in a process, which may include an application for judicial inspection of premises. Fixing the day, time, and date for that inspection follows rules of procedure as a matter of fairness and good conduct.

So by taking these, procedural law ensures rights to be exercised methodically to promote fair dispute resolution.

Part II
Practical Case.

According to what you explained in class, identify the procedural subjects and place them in each of the characters present in the case. Explain the reason for your answer.

In the given case, Pedro is a plaintiff because it is he who suffered damage caused by the car accident and compensation through the courts. He is filing a case against Mrs. Maria because of the damage caused by the crash.

Mrs. Maria is the defendant because she is the one who caused the accident and the damage it has caused. Under Pakistani law, she would be compelled to defend herself against the claims brought by Pedro.

Mr. Manuel, who owns the car, is considered a litigant once Pedro discovers that Mrs. Maria did not own the car in question. Having not been party to the initial case, Mr. Manuel is brought into the legal action should his ownership of, or liability related to, the car become in issue.

The procedural parties are all stakeholders who contribute toward the end; each plays a different role in deciding the dispute at hand.