LCCI urges parliament to amend Code of Civil Procedure-1908

LAHORE: The Lahore Chamber of Commerce and Industry (LCCI) Saturday urged the parliament to amend the Code of Civil Procedure-1908.

LCCI President Almas Hyder said in a media statement here that early decision of the parliament regarding an amendment would be a great favour to the trade and industry as after approval of the amendment business community could get swift decisions.

He said that a major cause of delay in Pakistan's civil litigation system was that when a party files a suit, accompanied with an injunction/stay application, the main suit did not proceed. He said that the court then focuses only on the stay application, which takes years to decide, and the main suit remains in a state of inertia.

He said that a new concept of a two-tier system had been proposed in the amendment, adding that two different judges would hear the entire suit. In the first tier, the main case would be heard by one judge without interruption till finalisation of the proceedings. Stay and other miscellaneous applications would be heard in the second tier by another judge. The proposed change is a evolutionary step in our civil litigation system and is completely unique and different from other jurisdictions such as India, Bangladesh, United Kingdom, etc., and was one that would ameliorate the civil litigation practice and become a precedence for other countries to follow.

He said that presently, the Civil Procedure Code contains two appeals and a revision up to the high court after which a further mechanism is given, which is a major cause of excessive delays for conclusion of the proceedings. The proposed amendment would help get rid of multiple tiers of appeal along with a revision.