PROCEDURAL PRECISION AND SUBSTANTIVE JUSTICE: AN OVERVIEW OF THE ENDURING SIGNIFICANCE OF WRITTEN PLEADINGS IN CIVIL COURTS OF PAKISTAN

Abstract

Pleadings are the bedrock of almost every civil litigation, hence, providing the formal mechanism through which parties present their claims and defenses before the honorable court. This paper examines the enduring importance of pleadings in the civil justice system of Pakistan, tracing the historical evolution from uttered pleadings in ancient and medieval times to the codified written pleadings specifically in Pakistan, regulated by the Code of Civil Procedure, 1908 (CPC). It highlights the substantive and procedural functions of pleadings not only in framing issues in dispute but also in ensuring fair notice and facilitating judicial efficiency. The paper critically pinpoints the disadvantages of verbal pleadings, the legislative framework and patterns, governing pleadings in Pakistan, and judicial pronouncements emphasizing their worth and importance. Finally, it offers recommendations to balance procedural complexities with access to justice, rei-emphasizing pleadings as documents of procedural brevity and precision as well as substantive transparency in the civil courts of Pakistan.