1. Civil / Matrimonial / Land / Labour / Execution / Taxation

1.1 Receiving of Pleadings/Application/Petition

As-Is Process

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

  2. Court clerk present the pleadings to DR/DR in charge.

Note

  1. Appeal originating from Primary Court

    • High court registry receives the petition of appeal from the district court.

  2. Court of appeal applications filed at the high court within 14 days from the date of judgement.

    1. Applicant files the application for leave to appeal to court of appeal at the high court registry.

    2. Court clerk tables the application to deputy registrar for admission.

To-Be Process

  1. Plaintiff/applicant /petitioner submits pleadings at the registry.

Note

  1. Appeal originating from Primary Court

    • High court registry receives the petition of appeal from the district court.

  2. Court of appeal applications filed at the high court within 14 days from the date of judgement.

    • Applicant submits the application for leave to appeal to court of appeal at the high court registry.

1.2 Admission of Pleadings

As-Is Process

  1. DR/DR in charge scrutinizes the correctness of the pleadings.

  2. DR/DR in charge admits, returns or rejects the presented pleadings.

  3. DR/DR in charge submits 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 rejected by the DR/DR in charge.

To-Be Process

  1. DR/DR In charge scrutinizes the correctness of the applications.

  2. DR/DR In charge admits, returns or rejects the applications.

Note

  • Instant feedback is given to the plaintiff/applicant /petitioner 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 as per court fee rules.

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

  3. Plaintiff/applicant/petitioner submit payment receipt to court clerk.

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

To-Be Process

  1. Court clerk confirms court fees.

  2. Court clerk presents a control number for respective fee to the plaintiff/applicant /petitioner 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 judge in charge for assignment.

To-Be Process

  1. Court clerk confirms payments and registers the case.

Note

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

1.5 Case Assignment

As-Is Process

  1. Judge in charge assigns the case file that was registered in the high court register to a particular Judge/DR/Resident magistrate with extended jurisdiction.

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

  3. Assigned Judge/DR/Resident fixes date for hearing and orders the issuance of summons and pleadings to the opposite party.

Note

In case of Execution

  • The application is assigned to Judge in charge for hearing.

To-Be Process

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

  2. Assigned Judge/DR/Resident fixes a date for hearing and orders the issuance of summons and pleadings to the opposite party.

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 Judge/DR/Resident.

  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 submits at the registry original hard copy of the application.

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/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/petitioner submits a reply to the reply within 7 days.

1.8 Hearing Process

As-Is Process

  1. Judge/DR/Resident hears preliminary objections if any.

  2. Judge/DR/Resident conducts pre-trial conference (PTC).

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

  4. Judge 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 Judge/DR/Resident for hearing.

  7. Judge/DR/Resident conducts second pre-trial conference (2nd PTC).

  8. The trial Judge/DR/Resident fixes a date for hearing.

  9. The trial Judge/DR/Resident hears the plaintiff/applicant/petitioner.

  10. The trial Judge/DR/Resident then hears the defendant/respondent’s side.

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

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

  13. The trial Judge/DR/Resident fixes a date for Judgment/Ruling.

To-Be Process

  1. Judge/DR/Resident hears preliminary objections if any (through virtual court where applicable).

  2. Judge/DR/Resident conducts pre-trial conference (PTC) (through virtual court where applicable).

  3. Trial Judge/DR/Resident submits the case file to the Judge in charge to appoint a mediator.

  4. Judge in charge appoints a mediator and submits 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 mediator submits the case file to the trial Judge/DR/Resident for hearing.

  7. Judge/DR/Resident conducts second pre-trial conference (2nd PTC) (through virtual court where applicable).

  8. The trial Judge/DR/Resident fixes a date for hearing.

  9. The trial Judge/DR/Resident hears the plaintiff/applicant/petitioner (through virtual court where applicable).

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

  11. The plaintiff/applicant/petitioner files final submission (orally through virtual court where applicable) or attach through the system.

  12. The defendant/respondent’s side files final submission after receiving the final submission by plaintiff/applicant/petitioner (orally through virtual court where applicable) or attach through the system.

  13. The trial Judge/DR/Resident fixes a date for Judgment/Ruling.

1.9 Delivery of Judgment/Ruling

As-Is Process

  1. The trial Judge/DR/Resident pronounces Judgement/Ruling.

  2. Court clerk/trial Judge/DR/Resident 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

  1. Court of appeal applications filed at the High Court

    1. If the application is granted the appeal process begins.

    2. If the application is not granted, the applicant may appeal to the court of appeal.

  2. Notice of intention to appeal within 30 days from the date of Judgement

    • The appellant gives/files his notice of intention to appeal within thirty (30) days from the date of judgement.

To-Be Process

  1. The trial Judge/DR/Resident pronounces Judgement/Ruling (through virtual court where applicable).

  2. The trial Judge/DR/Resident extracts and submits the judgment, proceedings and decree to the litigants within 21 days from the date of judgment.

Note

  1. Court of appeal applications filed at the High Court

    1. If the application is granted the appeal process begins.

    2. If the application is not granted, the applicant may appeal to the court of appeal.

  2. Notice of intention to appeal within 30 days from the date of judgement

    • The appellant gives/files his notice of intention to appeal within thirty (30) days from the date of judgement.

1.10 Suo Moto

As-Is Process

  1. Judge in charge may on his/her own accord call for lower courts’ records and revise the same.

  2. Court clerk opens and registers a revision file.

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

  4. Judge in charge gives necessary orders.

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

To-Be Process

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

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

  3. Judge in charge registers a revision file.

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