West Pakistan Civil Courts Ordinance, 1962

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THE WEST PAKISTAN CIVIL COURTS ORDINANCE, 1962 
 
CONTENTS  
 
CHAPTER I. 
            PRELIMINARY. 
1.  Short title, extent and commencement 
2.  Definitions 
CHAPTER II. 
CIVIL COURTS. 
3.  Classes of Courts 
4.  Civil Districts 
5.  District Judges 
6.  Additional District Judges 
7.  Original jurisdiction of District Judges in suits 
8.  Civil Judges 
9.  Pecuniary limits of jurisdiction of Civil Judges 
10.  Local limits of jurisdiction 
11.  Power to invest Civil Judges with Small Cause Courts jurisdiction 
12.  Exercise by Civil Judges of jurisdiction of District Courts in certain proceedings 
13. Places of sitting of Courts 
14.  Control of Courts and presiding officers 
15.  Power to distribute business 
16.  Delegation of powers by District Judges

 
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CHAPTER III. 
JURISDICTION IN CIVIL APPEALS. 
17.  Appeals from District Judges or Additional District Judges 
18.  Appeals from Civil Judges 
CHAPTER IV. 
SUPPLEMENTAL PROVISIONS. 
19.  Continuance of powers of officers 
20.  Provisions regarding petition-writers 
21.  Temporary vacancy of office of District Judge 
22.  Delegation of powers of the District Judge 
23.  Temporary vacancy of office of Civil Judge 
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the  State and 
 its servants in their official capacity 
25.  List of holidays 
26.  Seal of the Court 
27.  Power to frame rules 
28.  Repeal and savings 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE WEST PAKISTAN CIVIL COURTS ORDINANCE, 1962 
 1WEST PAKISTAN ORDINANCE NO. II OF 1962 
[8th January, 1962] 
AN 
ORDINANCE 
to amend and consolidate the law relating to Civil Courts in the province of West Pakistan. 
 WHEREAS it is expedient to amend a nd consolidate the law relating to Civil Courts in the 
Province of West Pakistan; 
 NOW, THEREFORE, in pu rsuance of the Presidential Pro clamation of the seventh day of 
October, 1958, and having received the previous instructions of the President, the Governor of West 
Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the 
following Ordinance:— 
CHAPTER I. 
PRELIMINARY. 
 1. Short title, extent and commencement. (1) This Ordinance ma y be called the West 
Pakistan Civil Courts Ordinance, 2[1962].  
 (2) It extends to the whole of the Province of West Pakistan, except 3[the Tribal Areas]. 
 (3) It shall come into force at once in the Division s of Bahawalpur,  Dera Ismail Khan, 
Hyderabad, Khairpur, Lahore, Multan, Peshawar, Quetta, Rawalpindi and Sargodha and the District 
of Karachi, and in the remaining parts of the P rovince or any specified area or areas thereof, it shall 
come into force on such date or dates as Governme nt may, by notification in the Official Gazette, 
appoint in this behalf. 
 2. Definitions. In this Ordinance,  unless the context otherwise requires, the following 
expressions shall have the meanings hereby respectively assigned to them, that is to say—   
(a) “Government” means the Government of West Pakistan; 
(b)  “High Court” means the High Court of West Pakistan; 
(c)  “land” means land which is not occupied as the site of any building in a town 
or village and is occupied or has been let for agricultural purposes or for  
purposes subservient to agriculture or for pasture , and includes the sites of 
buildings and other structures on such land;
(d)  “land suit” means a suit relating to land or to any right or interest in land; 
 
1This Ordinance as in force time to time, shall apply to the, Tribal Areas of Quetta Division, by the West Pakistan Civil Courts Ordinance (Extension to 
Tribal Areas of Quetta Division) Regulation, 1963 (West Pakistan Regulation No. II of 1963), s. 2. 
2Figure “1961” appeared in the original notification dated 08-01-1962 vide page 87 of the Gazette of West Pakistan. However, in all subsequent reference, 
it reads as 1962. It has also been tallied with page 655 of the Punjab Code Book, Volume-III (1957-1962).  
3Subs. by the West Pakistan Laws (Adaptation) Order, 1964 (It shall come into force at once and shall be deemed to have taken effect on the 8th day of 
June, 1962). 
 
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(e)  “prescribed” means prescribed by rules made under this Ordinance  (IX of 
1887); 
(f)  “small cause” means a suit of the nature cognizable by a Court of Small Causes 
under the Provincial Small Cause Courts Act, 1887; 
(g)  “unclassed suit” means a suit which is neither a small cause nor a land suit; and 
(h) “value” used with reference to a suit means the amount or value of the subject 
matter of the suit. 
CHAPTER II. 
CIVIL COURTS. 
 3. Classes of Courts.   Besides the Courts of Small Causes established under the Provinci al 
Small Cause Courts Act, 1887 (IX of 1887), and the Courts established under any other enactment for 
the time being in force, there shall be the following classes of Civil Courts, namely :— 
(a)       the Court of the District Judge; 
(b)       the Court of the Additional District Judge; and 
(c)       the Court of the Civil Judge. 
 4. Civil Districts. For the purposes of this Ordinance, Government may, by notification, divide 
the province into civil districts, fix the limits of such districts and determine the headquarters of each 
such district. 
              5. District Judges. Government shall, in consultation with the High Court, appoint as many 
persons as it thinks necessary to be District Judges and post a District Judge to each district : 
 Provided that the same person may be appoi nted to be District Judge of two or more 
districts.  
              6. Additional District Judges.  (1) Government may, in consultation with the High Court, 
appoint as many Additional District Judges as may be necessary.  
            (2) An Additional District Judge shall discharge such functions of a District Judge as the 
District Judge may assign to hi m, and in the discharge of those functions he shall exercise the same 
powers as the District Judge.  
            7. Original Jurisdiction of District Judges in suits.  Except as otherwise provide d by any 
enactment for the time being in force, the Court of the District Judge shall have jurisdiction in original 
civil suits without limit as regards the value.  
            8. Civil Judges. Government may, in consultation with the High Court— 
(a)  fix the number of Civil Judges to be appointed ; 
 
(b)  make rules prescribing qualifications for recruitment of persons as Civil Judges 
; and  
 
 
 
 
(c)  appoint as many Civil Judges as may be deemed necessary.  
 
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           9. Pecuniary limits of jurisdiction of Civil Judges. The jurisdiction to be exercised in original 
civil suits as regards the value by any person appointed to be a Civil Judge shall be determined by the 
High Court either by including him in a class or otherwise as it thinks fit.  
 
           10. Local limits of jurisdiction. (1) The local limits of the jurisdiction of a Civil Judge shall 
be such as the High Court may define.   
 
           (2) When the High Court posts a Civil Judge to a district, the local limits of the district shall, in 
the absence of any direction to the contrary, be deemed to be the local limits of his jurisdiction. 
 
           11. Power to inves t Civil Judges with Small Cause Courts jurisdiction. The High Court 
may, by notification, within such local limits as it thinks fit, confer upon any Civil Judge the 
jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 
(IX of 1887),  for the trial of suits, cognizable by such Courts, up to such value not exceeding one 
thousand rupees as it thinks fit. 
 12. Exercise by Civil Judges of jurisdiction of District Courts in certain proceedings.  (1) 
Notwithstanding anything contained in the Succession Act, 1925 (XXXIX of 1925),  the High Court 
may, by general or special order, authorise any Civil Judge to take cognizance of or any District Judge 
to transfer to a Civil Judge under his control, any proceedings or class of proceedings under the said  
Act. 
 (2) The District Judge may withdraw any such proceedings taken cognizance of by or 
transferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court under 
his control competent to dispose of them: 
 Provided that nothing herein contained shall empower a District Judge to withdraw such 
proceedings as have been specifically transferred from his Court by the High Court. 
 (3) Proceedings taken cognizance of by or transferred to a Civil Judg e, as the case may be, 
under this section, shall be disposed of by him subject to the rules applicable to like proceedings when 
disposed of by the District Judge. 
 13. Places of sitting of Courts. (1) The High Court may fix the pl ace or places at which any 
Court under this Ordinance is to be held. 
 (2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court. 
 (3) Except as may be otherwise provided by any order under this section, a Court under this 
Ordinance may be held at any place within the local limits of its jurisdiction. 
 
 14. Control of Courts and Presiding officers. (1) All Civil Courts in the areas to which this 
Ordinance extends shall be subordinate to the High Court, and, subject to the general superintendence 
and control of the High Court, the District Judge shall have control over all Civil Courts within the 
local limits of his jurisdiction. 
 (2) The posting of Civil Judges shall be made by the High Court. 
 15.Power to distribute business . Notwithstanding anything contained in the Code  of Civil 
Procedure, 1908 (V of 1908), every District Judge may by written order direct that any civil b usiness 
cognizable by his Court  and the Courts under his control shall be distributed among such Courts in 
such manner as he thinks fit: 
 
 
Provided that no direction issued under his section shall empower any Court to exercise any powers 
or deal with any business beyond the limits of its jurisdiction. 
16. Delegation of powers by District Judges. A District Judge may, with the previous sanction of 
the High Court, delegate, in respect of any specified portion of the district, to any Civil Judge in the district, 
his powers under sections 14 and 15 of this Ordinance and the powers of the District Court under section 
24 of the Code of Civil Pro cedure, 1908 (V of 1908), and such powers may be exercised by such Civil  
Judge subject to the general control of the District Judge. 
CHAPTER III. 
JURISDICTION IN CIVIL APPEALS.
17. Appeals from District Judges or Additional District Judges. (1) Save as otherwise provided 
by any enactment for the time being in force, an appeal from a decree or order of a District Judge or 
Additional District Judge exercising original jurisdiction shall lie to the High Court.                    
 (2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge 
in any case in which, if the decree or order had been made by the District Judge,  an appeal would not lie 
to that Court. 
18. Appeals from Civil Judges. 1[Save as aforesaid, an app eal from a decree or order of a Civil 
Judge shall lie to the District Judge.] 
(2) Where the function of receiving any appeal s which lie to the District Judge under the last 
preceding sub-section has been assigned to an Additional District Judge, the appeal may be preferred to  
the Additional District Judge. 
 (3) The High Court may, by notification, direct that appeals lying to the District Judge from all or 
any of the decrees or orders passed in any original suit by any Civil Judge shall be  referred to such other 
Civil Judge as may be mentioned in the notif ication, and the appeals shall  thereupon be preferred 
accordingly, and the Court of such Civil Judge shall be deemed to be a District Court for the p urposes of 
all appeals so preferred. 
CHAPTER IV. 
SUPPLEMENTAL PROVISIONS. 
19. Continuance of powers of officers. Whenever any person holding an office in the service of 
the State who ha s been invested with any powers  under this Ordinance throughout any local area is 
transferred or posted at any subsequent time to an equal or higher office of the same nature within a like 
local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same 
powers in the local area to which he is so transferred or posted. 
  20. Provisions regarding petition- writers. The High Court, in consultat ion with the Board of    
Revenue, West Pakistan, may make rules consistent with this Ordinance and any other enactme nt for the 
time being in force — 
(a)  declaring what parsons shall be permitted to act as petition-writers in Courts; 
(b)  regulating the issue of licences to such persons, the conduct of business by them 
and the scale of fees to be charged by them; and 
 
 
1Subs. by Act No. XV of 2025, s.2 (Its application to the Islamabad Capital Territory). 
 
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(c)  determining the authority by which breaches of such rules shall be investigated 
and the penalties which may be imposed. 
21. Temporary vacancy of office of District Judge . In the event of the death of a District 
Judge or of his being prevented from per forming his duties by illness or other cause, the Additional 
District Judge, if any,  or in the absence of the Additional District Judge from the district, the senior 
most of the Civil Judges at the headquarters, shall assume charge of the district without interruption 
of his ordinary jurisdiction, and while so in charge shall perform the duties of the District Judge with 
respect to the filing of suits and appeals, receiving pleadings, execution of processes and the like, and 
shall be designated Additional District Judge or Civil Judge, as the case may be, in charge of the district 
and shall continue in such  charge until the office of the District Judge has been resumed or assum ed 
by an officer duly appointed thereto.
22. Delegation of power s of the District Judge.  Any District Judge, l eaving the headquarters 
and proceeding on duty to  any place within his j urisdiction  or in the event of his absence from the 
district on leave, may delegate to th e Additional District Judge or i n the absence of an Additional 
District Judge to the senior most of the Civil Judges at  the headquarters, the power of performing any 
of the duties enumerated in section 21 that may be emergent ; and such officer shall be designated 
Additional District  Judge or Civil Judge, as the case may be, in charge of the district. 
 23. Temporary vacancy of office of Civil Judge.  In the event of t he death, suspension or 
temporary absence of any Civil Judge, the District Judge  may empower any other Civil Judge of the 
district to perform the duties of the Judge of the vacated Civil Court, either at the place of such Court 
or of his own Court, but in every such case the registers and records of the two Court s shall be kept 
separately. 
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the State 
and its servants in their official capacity. (1) No Civil Court not having jurisdiction in original suits 
without limit as regards value and no Court of the Small Causes shall receive, entertain or register any 
suit in which Pakistan or any of its Provinces or any public officer as defined in clause (17) of section 
2 of the Code of Civil Procedure, 1908 (V of 1908), in his official capacity is a party. 
 (2) In every such case the plaintiff  shall be referred to the Court of the Civil Judge having 
jurisdiction in original suits without limit as regard value and such suit shall be instituted only in the 
Court of such Civil Judge and shall be heard at the headquarters of the district. 
 1[(2-A) Notwithstanding anything contained in sub-sections (1) and (2), in the Karachi District, 
any such suit, if the value thereof does not exceed twenty -five thousand rupees, may be instituted in 
and be tried by the Court of the District Judge, the Additional District Judge or Civil Judge of the First 
Class, and where the value of the suit exceeds twenty-five thousand rupees, it shall be instituted in and 
be tried by the High Court.  
 (2-B) The High Court may transfer any civil  suit, whether instituted before or after the coming 
into force of the West Pakistan Civil Courts (Amendment) Act, 1963, and whether pending before it  
 
 
 
1Ins. by West Pakistan Act No. XV of 1963, s. 2 
 
 
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or in any other Court, which under the provisions of sub -section (2-A) may be tried by a Civil 
Court constituted under this Ordinance, to such Civil Court, and such suit shall thereupon be tried by 
such Civil Court.] 
(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a  
Government Railway or to any suit merely because  a public officer is a part y thereto, in his capacity 
as— 
(a)  a member of a local authority ; or  
       (b)     curator, guardian, manager or representative of a private person or estate in virtue of 
an appointment, delegation, declaration or exercise of powers under— 
 
(i) Order XXXII rule 4 (4) of the Code of Civil Procedure, 1908 (V of 1908); 
 
(ii)  section 195 of the Succession Act, 1925 (XXXIX of 1925); 
 
(iii)  section 69 or 71 of the Lunacy Act, 1912 (IV of 1912); 
 
(iv)  section 7, 18 or 42 of the Guardians and Ward Act, 1890 (VIII of 1890); or 
 
(v)  any provision of any West Pakistan enactment relating to Court of Wards. 
 
25. List of holidays. (1) Subject to such general orders as may be made by Government, the 
High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts.           
(2) Every such list shall be published in the Official Gazette. 
 
26. Seal of the court. Every Court shall have and use, as the occasion may arise, a circular seal 
two inches in diameter bearing round its circumference the title of the Court in English and Urdu script 
and in the centre a device and impression o f a crescent moon with the horns pointing upwards 
surmounted by a star, and the said seal shall be delivered to and kept in the custody of the presiding 
officer of the Court. 
 
27. Power of frame rules. (1) The High Court may, with the approval of Government, frame 
rules for the purposes of carrying into effect the provisions of this Ordinance. 
 
(2) In particular, and without prejudice to the generality of the foregoing power, the High Court 
may, with the approval of Government, frame rules for all or any of the following purposes, namely:— 
 
(a)  the supervision of all Civil Courts and their visitation and inspection; 
 
(b)  the exercise by the District Judges of the general control vested in them over 
the Civil Courts in their respective districts;
 
(c)  the places and times for the holding of Civil Courts; 
 
(d)  the fees to be charged for processes issued by the Civil Courts or by any officer 
of any such Court; 
 
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(e)  the fees payable in any suit or proceeding in any Civil Court by any party in 
respect of the fees of the pleader of any other party; and 
(f)  the manner in which the proceedings of the Civil Courts shall be kept and 
recorded, the manner in which the paper books for the hearing of appeal shall 
be prepared and the granting of copies. 
28. Repeal and savings. (1) The enactments specified in the Schedule are hereby repealed to 
the extent mentioned in the fourth column thereof. 
(2) The districts and headquarters of districts existing for the purposes of civil justice when this 
Ordinance comes into force shall be deemed to have been made and determined under this Ordinance. 
(3) On the commencement of this Ordinance, if any suit or appeal is pending in the High Court 
or any other Civil Court, which under this Ordinance is to be tried or heard by some other Court, such 
suit or appeal shall stand transferred to the Court competent under th is Ordinance to try or hear the 
same. 
(4) (i)    The District Judges; 
      (ii)   the Additional Judges, the Joint Judges and the Assistant Judges; and 
                 (iii) the First Class Subordinate Judges, the Second Class Subordinate Judges, the           
Subordinate Judges, the Joint Subordinate Judges and Civil Judges, 
appointed under any of the enactments repealed under sub- section (1) shall, on the commencement of 
this Ordinance, become District Judges, Additional District Judges and Civil Judges respectively under 
this Ordinance, and exercise powers and jurisdiction as such. 
(5) Notwithstanding the repeal of the enactments mentioned in the Schedule, everything done, 
action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, 
officer appointed or person authorised, juris diction or power conferred, rule made and order issued 
under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this 
Ordinance, continue in force and, so far as may be, be deemed to have been respectively done, taken, 
incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance. 
 
                                                      
 
 
 
 
 
 
 
 
 
 
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THE SCHEDULE 
        [ENACTMENTS REPEALED] 
        (See section 28) 
Year. No. Short title Extent of repeal 
1 2 3 4 
1918 
1918 
 
1926 
1926 
 
1926 
 
1931 
 
1939 
 
1952 
 
1952 
 
1959 
 
1956 
VI 
VI 
 
VII 
VII 
 
VII 
 
I 
 
VII 
 
X 
 
.. 
 
IV 
 
II 
The Punjab Courts Act, 1918. 
The Punjab Courts Act, 1918, as applica ble to former 
Bahawalpur State. 
The Sind Courts Act, 1926. 
The Sind Courts Act, 1926, as  applicable to the District of 
Karachi. 
The Sind Courts Act, 1926, as applicable to the District of 
Khairpur. 
The North-West Frontier Province Courts Re-gulation,1930. 
 
The British Baluchistan Courts Regulation,1939. 
 
The North-West Frontier Province Courts Act,1952. 
 
Dastoor-ul-Amal Diwani, Riasat Kalat. 
 
The Sind Acts (Extension to Khairpur District)  
Ordinance,1959. 
 
The Karachi Courts Order, 1956. 
The whole. 
The whole. 
 
The whole. 
The whole,   except 
section 8. 
The whole. 
 
The whole. 
 
The whole. 
 
The whole. 
 
The whole. 
 
Entry 4 of the First 
Schedule. 
 
The whole, except 
clause 4 (2). 
 
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RGN Date: 24-06-2025