DELAY IN CIVIL PROCEDURE IN THE COURT SYSTEM OF PAKISTAN: CAUSES, CONSEQUENCES, AND REFORM PATHWAYS

Abstract

Delay in the adjudication of civil disputes has become the defining crisis of Pakistan’s justice system. Despite the constitutional guarantee of fair trial under Article 10-A and the State’s obligation under Article 37(d) to provide inexpensive and expeditious justice, the average lifespan of a civil suit in Pakistan extends between fifteen and twenty-five years. This systemic delay transforms substantive rights into abstract promises and erodes public confidence in formal courts. The objective of this study is to diagnose the structural, procedural, and behavioral causes that produce such delay and to evaluate legislative, judicial, and technological reforms capable of delivering timely justice without compromising due process. The research adopts a doctrinal legal methodology, relying primarily on the Civil Procedure Code 1908, the CPC Amendment Act 2020, the Alternative Dispute Resolution Act 2017, and the Commercial Courts Act 2015.