1. Civil/Matrimonial Cases

1.1 Receiving of Pleadings / Application / Appeals

As-Is Process

  1. Presentation of plaint/application/appeal/petition at the registry by the plaintiff/applicant/appellant/petitioner.

  2. Court clerk presents the pleadings to magistrate in charge.

Note

Appeal originating from Primary Court

  1. Appellant submits his appeal to the high court through the district court.

  2. Court clerk of the district court submits the petition of appeal to the resident magistrate in charge of the district court for admission.

To-Be Process

  1. Applicant submits plaints/application/appeal/petition at the registry.

1.2 Admission of Pleadings

As-Is Process

  1. Magistrate In charge scrutinizes the correctness of the pleadings.

  2. Magistrate In charge admits, returns or rejects the presented pleadings.

  3. Magistrate In charge returns the pleadings to court clerk for registration and assessment of court fees, if the pleadings are admitted.

  4. The court clerk returns the pleadings to the authors for amendment, if the pleadings are returned or rejected by the Resident Magistrate in charge.

Note

Appeal originating from Primary Court

  1. The district court registry remits the petition of appeal to high court registry.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the applications/appeal/plaint.

  2. Magistrate In charge admits, returns or rejects the applications/appeal/plaint.

Note

  • Instant feedback is given to the applicant/appellant in case of rejection or return.

1.3 Assessment and Payment of Court Fees

As-Is Process

  1. Court clerk assesses fees for the admitted pleadings and appeal originating from primary court as per court fee rules.

  2. Court clerk generates a control number for respective fee to the plaintiff/applicant/appellant/petitioner for payment.

  3. plaintiff/applicant/appellant/petitioner submits payment receipt to court clerk.

  4. Court clerk/accountant issues ERV receipt to the plaintiff/applicant/appellant/petitioner.

Note

Appeal originating from Primary Court

  • The district court registry remits the petition of appeal to the high court registry for registration purposes.

To-Be Process

  1. Court clerk confirms court fees.

  2. Court clerk presents a control number for respective fee to the applicant/appellant for payment.

1.4 Case Registration

As-Is Process

  1. Court clerk registers the case in the register book.

  2. Court clerk opens a respective civil case file.

  3. Court clerk files a copy of ERV receipt or payment receipt in the case file.

  4. Court clerk tables the civil case file to the magistrate in charge for assignment.

To-Be Process

  1. Court clerk confirms payments and registers the case.

Note

  • Instant feedback is given to the applicant/appellant after registration.

1.5 Case Assignment

As-Is Process

  1. Magistrate In charge assigns the civil case file to a particular magistrate.

  2. Magistrate In charge returns the civil case file to court clerk to present to the assigned magistrate for orders.

  3. Assigned magistrate fixes date for hearing and orders the issuance of summons and pleadings to the opposite party.

To-Be Process

  1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge.

  2. Assigned magistrate fixes a date for hearing.

1.6 Issuing of Summons to Appear

As-Is Process

  1. Court clerk prepares court summons for the respondent/defendant.

  2. Court Clerk tables the prepared summons for endorsement by the assigned Magistrate.

  3. The summons served to the opposite party (by court process server).

  4. Court process server swears an affidavit of service.

To-Be Process

  1. Court clerk extracts summons for electronic and physical dispatch.

  2. On the date of first hearing/mention, the applicant /appellant submits at the registry original hard copy of the application/appeal.

1.7 Preliminary Stages

As-Is Process

  1. The opposite party files a reply to pleadings within 21 days from the date of service.

  2. The plaintiff/applicant/appellant/petitioner files a reply to the reply within 7 days.

To-Be Process

  1. The opposite party submits a reply to pleadings within 21 days from the date of service.

  2. The plaintiff/applicant/appellant/petitioner submits a reply to the reply within 7 days.

1.8 Hearing Process

As-Is Process

  1. Magistrate hears preliminary objections if any.

  2. Magistrate conducts pre-trial conference (PTC).

  3. Trial Magistrate, through the court clerk, forwards the case file to the Resident Magistrate in charge to appoint a mediator.

  4. Resident Magistrate in charge appoints a mediator and through the court clerk, forwards the case file to the appointed mediator.

  5. The appointed mediator fixes a date for mediation.

  6. In case the conducted mediation succeeds, case is concluded, if not, the case file through the court clerk will be forwarded to the trial Magistrate for hearing.

  7. Trail Magistrate conducts second pre-trial conference (2nd PTC).

  8. The trial Magistrate fixes a date for hearing.

  9. The trial Magistrate hears the plaintiff/applicant/appellant/petitioner.

  10. The trial Magistrate then hears the defendant/respondent’s side.

  11. The plaintiff/applicant/appellant/petitioner files final submission.

  12. The defendant/respondent’s side files final submission after receiving the final submission by plaintiff/applicant/appellant/petitioner.

  13. The trial Magistrate fixes a date for Judgment/Ruling.

To-Be Process

  1. Magistrate hears preliminary objections if any (through virtual court where applicable).

  2. Magistrate conducts pre-trial conference (PTC). (through virtual court where applicable).

  3. Trial Magistrate submits the case file to the Resident Magistrate in charge to appoint a mediator.

  4. Resident Magistrate in charge appoints a mediator and submits the case file to the appointed mediator.

  5. The appointed mediator fixes a date for mediation.

  6. After mediation, mediator submits the file to the trial magistrate/resident magistrate in charge depending on the outcome of mediation.

  7. Trial Magistrate conducts second pre-trial conference (2nd PTC) (through virtual court where applicable).

  8. The trial Magistrate fixes a date for hearing.

  9. The trial Magistrate hears the plaintiff/applicant/appellant/petitioner (through virtual court where applicable).

  10. The trial Magistrate then hears the defendant/respondent’s side. (through virtual court where applicable).

  11. The plaintiff/applicant/appellant/petitioner submits final submission.

  12. The defendant/respondent’s side submits final submission after receiving the final submission by plaintiff/applicant/appellant/petitioner

  13. The trial Magistrate fixes a date for Judgment/Ruling

1.9 Delivery of Judgment / Ruling

As-Is Process

  1. The trial Magistrate pronounces Judgement/Ruling.

  2. Court clerk/ trial Magistrate extracts a decree from the Judgment.

  3. Court clerk supplies copies of judgment, proceedings and decree to the litigants within 21 days from the date of judgment.

Note

In case of ruling on execution

  1. Magistrate in charge issues an attachment order and appoints a court broker.

  2. Court broker fixes a date for sale as ordered.

  3. Court broker executes the order.

  4. Court broker submits a report to court.

To-Be Process

  1. Assigned Magistrate pronounces Judgement/ruling (through virtual court where applicable).

1.10 Trial De Novo

As-Is Process

  1. Trial Magistrate may order a case to restart at the lower court.

  2. The court clerk remits lower court records to the particular lower court for orders.

To-Be Process

  1. Trial Magistrate orders a case to restart at the lower court (through virtual court where applicable).

  2. Trial Magistrate submits records to the particular lower court for orders.

1.11 Suo Moto

As-Is Process

  1. Magistrate in charge may on his/her own accord call for lower court records and revise the same.

  2. Court clerk opens and registers a revision file.

  3. Court clerk tables the revision file before the resident magistrate in charge for orders.

  4. Magistrate in charge gives necessary orders.

  5. The original file is returned to the magistrate in charge of the lower court for execution of the revision orders.

To-Be Process

  1. Magistrate in charge may on his/her own accord view and peruse lower court records for purposes of revision.

  2. Magistrate in charge may request the case file from the lower court for revision purpose.

  3. Magistrate in charge registers a revision file.

  4. Resident magistrate in charge gives necessary orders and submits to the intended lower court for execution of orders.