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CIVIL LITIGATION
Our civil litigation services encompass various categories of civil suits for individuals and businesses, arising from the infringement of party’s rights. These may include, but are not limited to, the following
1. Rendition Of Accounts
The term rendition means rendering or to reveal or to disclose. Usually, the term rendition of accounts is used in legal parlance and a suit for rendition of accounts can be filed when one party believes that another party is holding or managing funds, property, or assets on their behalf and they want an official record or an account of how those funds or assets have been handled or there are disputed transactions in accounts or assets which are to be settled through court. Suit for the Rendition of Accounts is a legal action that can be taken under Order IV of the Code of Civil Procedure (CPC) 1908 of Pakistan to seek transparency and accountability in financial matters. Through this civil suit, an individual/entity is called upon by another to render the true and proper accounts of the funds or assets held by him.
2. Financial Recoveries
A suit for the recovery of an amount or money is typically a legal remedy used when someone owes an individual money, and they are not willing to pay voluntarily. The timing for filing such a suit depends on various factors and circumstances. Here are some situations in which you might consider filing a suit for the recovery of money, for example (a) Unpaid Debt, such as a loan, unpaid invoices, or unpaid rent (b) Breach of Contract, If the other party has breached a contract, such as failing to deliver goods or services as agreed upon, and this breach has resulted in financial losses and damages (c) unpaid Wages or Salary: If you are an employee or contractor and your employer or client has not paid your wages or fees, (d) Recovery of Property or Assets: In cases where someone is wrongfully withholding your property or assets, you may recover those assets or seek compensation for their value. (e) Insurance Claims: If an insurance company refuses to honor a legitimate claim (f) Tort Claims: If you have suffered financial losses due to someone's negligence or wrongful actions, you may file a suit for compensation. Our team of experts can assist you to claim and recover your legitimated sums or moveable assets, however, be mindful regarding the law of limitation your specific claim which can vary depending on the type of claim, and if you wait too long to file a lawsuit, you may lose your legal right to recover the money.
3. Summary Suit
It is a legal proceeding designed for the expedited resolution of straightforward and clear-cut cases, typically related to the recovery of a specific sum of money or a debt where the claim is based on a negotiable instrument, such as cheque promissory note, bill of exchange, or other recognized financial instruments, and the claim amount is clearly defined and easily quantifiable. The summary suit procedure is governed by Order XXXVII of the Code of Civil Procedure, 1908, and it is intended to provide a quicker and more efficient way to obtain a judgment for the recovery of money without going through the lengthy process of a regular civil suit.
4. Administration
A suit for administration is a legal proceeding filed in a court to seek the appointment of an administrator for the administration and management of the estate of a deceased person. This type of lawsuit is typically initiated under Order IV of the Code of Civil Procedure (“CPC”) 1908 in connection with relevant provision of the Succession Act, 1925 when there is no valid will (intestate) or when there is a will, but there are disputes or complications in administering the estate. The primary purpose of a suit for administration is to ensure the proper distribution of the deceased person's assets among their legal heirs or beneficiaries.
5. Interpleader Suit
An interpleader suit is a legal action filed Section 88 read with Order 35 of the Code of Civil Procedure by a party (usually a stakeholder or a person or entity holding property or funds) who is facing conflicting claims from two or more other parties regarding the same property or funds. The purpose of an interpleader suit is to seek the court's intervention and assistance in determining the rightful owner or claimant of the property or funds and to avoid being subjected to multiple lawsuits or potential liability for delivering the property or funds to the wrong party. This type of suit arises when the party holding the property or funds faces multiple conflicting claims from different parties, and they are unsure which claim is valid. The party initiating the interpleader suit is often referred to as the "stakeholder" or "interpleader plaintiff."
6. Injunction (Temporary, Permanent, Perpetual or Mandatory)
The suits for injunction whether temporary, permanent, perpetual, or mandatory, are filed in civil courts under Sections (53 - 55) of the Specific Relief Act, 1877 read with Order XXXIX Rule 1 & 2 of the Code of Civil Procedure to seek legal orders to prevent certain actions or to compel specific actions. The temporary injunctions are sought when there is an urgent need to prevent immediate harm or damage and these are typically short-term orders and are granted to maintain the status quo until a final decision can be reached and a permanent injunction is sought to prevent a particular action on a long-term or permanent basis. These are granted after a full trial on the merits of the case, and they are intended to permanently prohibit certain activities or actions. A perpetual injunction is similar to a permanent injunction but is typically sought in cases where the need for an injunction is ongoing and indefinite and a mandatory injunction is requested when the court is asked to order a party to perform a specific action rather than merely restraining them from doing something. All injunctions are subject to the various situations and circumstance of a party.
7. Specific Performance of Contract
A suit for specific performance of a contract can be filed under Section (12 - 22) of the Specific Relief Act, 1877 whilst considering the specific circumstances when one party to a contract wishes to compel the other party to fulfill their contractual obligations as specified in the contract. Specific performance is typically sought when damages or monetary compensation are not considered an adequate remedy for a breach of contract. There are various circumstance and situations you might consider filing a suit for specific performance of a contract. For example, if you have a valid contract to buy or sell real estate, and the other party is refusing to complete the transaction as agreed, contracts for the sale of a business, where the value of the business depends on specific assets or goodwill and contracts for sale of goods and services. To claim remedy for specific performance, there must have a valid and enforceable contract in place.
8. Rescission of Contract
Under Section (35—38) of the Specific Relief Act, 1877 a suit for rescission of a contract can be filed under specific circumstances when one party wishes to have a contract declared void or canceled by a court. Rescission of a contract is typically sought when there are valid grounds for undoing a contract due to fraud, misrepresentation, mistake, illegality, or other valid reasons. Some circumstances, may be if you entered into a contract based on fraudulent misrepresentations made by the other party, a contract was entered into due to a mutual mistake of fact that significantly affects the contract's subject matter or performance, or if a contract is result of duress or undue influence, like one party was forced or unduly influenced into entering a contract.
9. Declaration
An individual or entity seeks a legal judgment under section 42 of the Specific Relief Act, 1877 from a court confirming a specific legal right, status, or relationship to establish their right by declaring it. Therefore, such a suit is filed to have a court declare the legal position on a particular matter. Some common modes of declaration can be when there is a dispute or uncertainty regarding property ownership or title or cases involving disputes over the interpretation of a contract or its terms, or when there is uncertainty or dispute regarding the inheritance rights of legal heirs.
10. Redemption
A suit for redemption is typically filed under Sections (60--66) of the Transfer of Property Act, 1882 when a mortgagor (borrower) wants to reclaim their property from a mortgagee (lender) after paying off the mortgage debt. The specific timing for filing a suit for redemption can depend on various factors, including the terms of the mortgage agreement and the circumstances surrounding the mortgage. Some general circumstances can be a suit upon maturity of the mortgage, the mortgage agreement specifies a particular date for the repayment of the mortgage debt, before maturity with lender's consent, in some cases, the lender may agree to release the mortgage before the specified maturity date, after default, if the mortgagor has defaulted on the mortgage payments, they can still file a suit for redemption, but it may involve additional legal complications or there is a dispute or disagreement between the mortgagor and mortgagee regarding the redemption process, the mortgagor can file a suit for redemption to seek a legal resolution.
11. Foreclosure
Filing a suit for foreclosure involves a legal process to recover a loan or mortgage secured by a property when the borrower has defaulted on payments. The specific timing and procedure for filing a foreclosure suit may vary depending on the circumstances and terms and conditions of the loan agreement. If the borrower does not cure the default or if the loan agreement allows for immediate foreclosure without notice, the lender can proceed to file a foreclosure suit in the appropriate court under section Sections (67--77) of the Transfer of Property Act, 1882.
12. Cancellation of Instrument
Under Section (39—41) of The Specific Relief Act, 18 77, a suit for the cancellation of an instrument (such as a contract, deed, or any written document) can be filed under certain circumstances, for example, if you believe that the instrument in question was executed due to fraud, misrepresentation, or forgery or if the instrument is inherently void or against the law (e.g., it violates public policy) or the instrument is a contract and one party has breached its terms, a suit can be for its cancellation after the breach has occurred.
13. Possession of property
Possession of property can be claimed through filing a suit under section (8—11) of The Specific Relief Act, 1877 depending on various factors, including the nature of the property, legal rights, and the circumstances of the case. The major circumstances can be if someone is in unlawful possession of your property (movable or immovable) without your consent or legal right, you can file a suit for possession to regain control of the property.
14. Damages
Damages can be claimed through filing a suit under various laws, deepening the nature of damages or losses. A suit for damages can be filed when you believe that you have suffered harm, injury, or financial loss due to the wrongful actions of another party. Damages can be claimed under different laws including but not limited to under Consumer Laws, Tort, Fatal Accident Act, the Code of Civil Procedure or the Defamation Ordinance, 2002 and they can be filed against, Tort, Defamation, Mental Torture, Loss of property or Business, Wastage of time or Fatal Accident.
15. Admiralty Suit
An admiralty suit involves maritime or shipping-related disputes, it can be filed under the Carriage of Goods by See Act, 1925 (Hauge Rules) and Merchant Shipping Ordinance, 2001. The suit can be filed before High Court and it can exercise Jurisdiction under the Admiralty Jurisdiction of High Courts Ordinance, 1980. The circumstances for filing an admiralty suit can vary depending on the nature of the dispute and the events leading to it. Such as, if you have a maritime lien on a vessel or cargo, you may file an admiralty suit to enforce your lien or if your vessel has been involved in a collision with another vessel, or if your vessel has been damaged due to a maritime incident, you may file an admiralty suit to recover damages or Salvors who have rendered assistance to distressed vessels or property at sea may file admiralty suits to claim salvage awards or parties involved in the shipping and transportation of goods by sea may file admiralty suits for cargo damage or loss or if there are disputes related to maritime contracts, such as charter parties, may lead to admiralty suits.
16. Partition
A suit for partition is filed when co-owners of property wish to divide the property among themselves and obtain separate ownership of their respective shares. Such suit for partition of property primarily falls under the Partition Act, 1893 and it can be read with the other laws of respective province such as the Punjab Partition of Immovable Property Act 2012. This law will also be read with sections (135—150) of the Land Revenue Act, 1967 and rules of each province of Pakistan. The circumstances and situation can vary for suit for partition, a dispute can arise, when there is a disagreement among co-owners regarding the division of the property, or some co-owners want to sell the property and others want to retain their shares, or in cases of joint ownership where co-owners no longer wish to share ownership and want to divide the property into separate shares or there are disputes over ownership, boundaries, or shares of the property or in the event of the death of one of the co-owners, their legal heirs may file a suit for partition to claim their share of the property.
17. Pre-Emption (Shuffa)
The term pre-emption is composed of two words: prae--- means before, and emptio, and it means right of pre-emption means the right possessed by a person to acquire a property sold to another in preference to that other by paying a price equal to that settled, or paid by the later. Hence right of pre-emption means a right to acquire by purchase an immovable property in preference to other person by reason of pre-emption right. Right of pre-emption is termed as an exceptional right and according to one of the rules of interpretation, exceptions are always very restricted and limited in nature and these are to be strictly followed. Hence, in exercising this right of pre-emption, pre-emptor has to abide by very strict conditions, imposed by law in case of non-compliance of which his right is relinquished. These are two fold, (i) regarding persons who can claim shuffa and (ii) the process to be followed by such person in order to succeeded in his claim. Generally, right of pre-emption cannot be exercised by everyone, as only following three classes of persons are entitled to claim this right: (a) co-owner of the property sold (b) participator in easement rights over the property sold (c) neighbor, owner of immovable property adjacent to the sold property. Any person of above class can claim pre-emption through filing suit pre-emption before the court, subject to fulfillment of
