Code of Civil Procedure (Amendment) Act 2016

Code of Civil Procedure (Amendment) Act 2016 (Private Member’s Bill)

Proposed and moved by: Ms. Shahida Rehmani (Member, National Assembly)

Status: Laid in the National Assembly

Summary: The Code of Civil Procedure (Amendment) Act, 2016 is to be introduced in order to amend the 1908, Code of Civil Procedure. The 1908 Act deals with the laws and procedure of the courts of civil judicature. All matters, which fall within the ambit of civil cases, are subjected to the Code of Civil Procedure.

The Amendment focuses on section 35-A, Act V of 1908 which states that compensation awarded in respect of a fabricated or false claim or defense shall be taken into account for any subsequent suit for damages or compensation. The Amendment widens the scope for compensatory costs and provides that factors such as the period and financial losses faced during the litigation by the other party must be taken into account. The existing provision under the 1908 Act is neither satisfactory nor clear or accurately defined. Therefore, it is vital to introduce a well-defined and articulate provision.

 

(Summary by Anam Asad)

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