Curbing Chronic Delays in Civil Justice: The Underutilised Promise of Pre-Trial Proceedings in Punjab, Pakistan

• Saba Amin

  Author

The pre-trial provisions enshrined in the Code of Civil Procedure, 1908 particularly Orders IX-A, X, XI, and XII – were designed to filter preliminary issues, narrow the scope of controversy, and facilitate early resolution of civil disputes. Yet, despite their statutory presence, civil courts in Punjab continue to grapple with massive backlogs and protracted litigation, undermining timely justice delivery. This study critically examines the procedural, institutional, and administrative impediments that prevent effective implementation of pre-trial mechanisms, creating a wide chasm between the law on paper and its actual operation. Findings reveal that excessive judicial discretion, over-dependence on cumbersome paperwork, and inadequate case-management practices dilute the potential of these provisions. The research contends that targeted reforms including restriction of discretionary adjournments, mandatory pre-trial conferences, stricter timelines, and enhanced judicial training – can transform pre-trial proceedings into a powerful instrument for reducing pendency. By ensuring that only genuinely contested issues proceed to full trial, courts can substantially shorten disposition time, conserve judicial resources, and restore public confidence in civil justice. The study concludes that a deliberate reappraisal and rigorous enforcement of existing pre-trial rules offer the most viable, cost-effective strategy for achieving speedier disposal of civil cases in Punjab without requiring major legislative overhaul.

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