{ "schema_version": "qanun-law-text/1", "id": "pk-code-226f90afa46ac96d", "title": "West Pakistan Civil Courts Ordinance, 1962", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5tiaQ%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "4eccf25fa76818bc31a9c3f5c0183fd9bfd02ca5f8ea83fc1d1d695c337d0528", "source_sha256": "4eccf25fa76818bc31a9c3f5c0183fd9bfd02ca5f8ea83fc1d1d695c337d0528", "text_version_id": "law:pk-code-226f90afa46ac96d:sha256:4eccf25fa76818bc31a9c3f5c0183fd9bfd02ca5f8ea83fc1d1d695c337d0528", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 10 \r\n \r\n \r\n \r\n \r\nTHE WEST PAKISTAN CIVIL COURTS ORDINANCE, 1962 \r\n \r\nCONTENTS \r\n \r\nCHAPTER I. \r\n PRELIMINARY. \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II. \r\nCIVIL COURTS. \r\n3. Classes of Courts \r\n4. Civil Districts \r\n5. District Judges \r\n6. Additional District Judges \r\n7. Original jurisdiction of District Judges in suits \r\n8. Civil Judges \r\n9. Pecuniary limits of jurisdiction of Civil Judges \r\n10. Local limits of jurisdiction \r\n11. Power to invest Civil Judges with Small Cause Courts jurisdiction \r\n12. Exercise by Civil Judges of jurisdiction of District Courts in certain proceedings \r\n13. Places of sitting of Courts \r\n14. Control of Courts and presiding officers \r\n15. Power to distribute business \r\n16. Delegation of powers by District Judges\r\n\r\n \r\nPage 2 of 10 \r\n \r\nCHAPTER III. \r\nJURISDICTION IN CIVIL APPEALS. \r\n17. Appeals from District Judges or Additional District Judges \r\n18. Appeals from Civil Judges \r\nCHAPTER IV. \r\nSUPPLEMENTAL PROVISIONS. \r\n19. Continuance of powers of officers \r\n20. Provisions regarding petition-writers \r\n21. Temporary vacancy of office of District Judge \r\n22. Delegation of powers of the District Judge \r\n23. Temporary vacancy of office of Civil Judge \r\n24. Civil Courts having unlimited jurisdiction regarding value to try suits against the State and \r\n its servants in their official capacity \r\n25. List of holidays \r\n26. Seal of the Court \r\n27. Power to frame rules \r\n28. Repeal and savings \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 10 \r\n \r\nTHE WEST PAKISTAN CIVIL COURTS ORDINANCE, 1962 \r\n 1WEST PAKISTAN ORDINANCE NO. II OF 1962 \r\n[8th January, 1962] \r\nAN \r\nORDINANCE \r\nto amend and consolidate the law relating to Civil Courts in the province of West Pakistan. \r\n WHEREAS it is expedient to amend a nd consolidate the law relating to Civil Courts in the \r\nProvince of West Pakistan; \r\n NOW, THEREFORE, in pu rsuance of the Presidential Pro clamation of the seventh day of \r\nOctober, 1958, and having received the previous instructions of the President, the Governor of West \r\nPakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the \r\nfollowing Ordinance:— \r\nCHAPTER I. \r\nPRELIMINARY. \r\n 1. Short title, extent and commencement. (1) This Ordinance ma y be called the West \r\nPakistan Civil Courts Ordinance, 2[1962]. \r\n (2) It extends to the whole of the Province of West Pakistan, except 3[the Tribal Areas]. \r\n (3) It shall come into force at once in the Division s of Bahawalpur, Dera Ismail Khan, \r\nHyderabad, Khairpur, Lahore, Multan, Peshawar, Quetta, Rawalpindi and Sargodha and the District \r\nof Karachi, and in the remaining parts of the P rovince or any specified area or areas thereof, it shall \r\ncome into force on such date or dates as Governme nt may, by notification in the Official Gazette, \r\nappoint in this behalf. \r\n 2. Definitions. In this Ordinance, unless the context otherwise requires, the following \r\nexpressions shall have the meanings hereby respectively assigned to them, that is to say— \r\n(a) “Government” means the Government of West Pakistan; \r\n(b) “High Court” means the High Court of West Pakistan; \r\n(c) “land” means land which is not occupied as the site of any building in a town \r\nor village and is occupied or has been let for agricultural purposes or for \r\npurposes subservient to agriculture or for pasture , and includes the sites of \r\nbuildings and other structures on such land;\r\n(d) “land suit” means a suit relating to land or to any right or interest in land; \r\n \r\n1This 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 \r\nTribal Areas of Quetta Division) Regulation, 1963 (West Pakistan Regulation No. II of 1963), s. 2. \r\n2Figure “1961” appeared in the original notification dated 08-01-1962 vide page 87 of the Gazette of West Pakistan. However, in all subsequent reference, \r\nit reads as 1962. It has also been tallied with page 655 of the Punjab Code Book, Volume-III (1957-1962). \r\n3Subs. 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 \r\nJune, 1962). \r\n \r\nPage 4 of 10 \r\n \r\n(e) “prescribed” means prescribed by rules made under this Ordinance (IX of \r\n1887); \r\n(f) “small cause” means a suit of the nature cognizable by a Court of Small Causes \r\nunder the Provincial Small Cause Courts Act, 1887; \r\n(g) “unclassed suit” means a suit which is neither a small cause nor a land suit; and \r\n(h) “value” used with reference to a suit means the amount or value of the subject \r\nmatter of the suit. \r\nCHAPTER II. \r\nCIVIL COURTS. \r\n 3. Classes of Courts. Besides the Courts of Small Causes established under the Provinci al \r\nSmall Cause Courts Act, 1887 (IX of 1887), and the Courts established under any other enactment for \r\nthe time being in force, there shall be the following classes of Civil Courts, namely :— \r\n(a) the Court of the District Judge; \r\n(b) the Court of the Additional District Judge; and \r\n(c) the Court of the Civil Judge. \r\n 4. Civil Districts. For the purposes of this Ordinance, Government may, by notification, divide \r\nthe province into civil districts, fix the limits of such districts and determine the headquarters of each \r\nsuch district. \r\n 5. District Judges. Government shall, in consultation with the High Court, appoint as many \r\npersons as it thinks necessary to be District Judges and post a District Judge to each district : \r\n Provided that the same person may be appoi nted to be District Judge of two or more \r\ndistricts. \r\n 6. Additional District Judges. (1) Government may, in consultation with the High Court, \r\nappoint as many Additional District Judges as may be necessary. \r\n (2) An Additional District Judge shall discharge such functions of a District Judge as the \r\nDistrict Judge may assign to hi m, and in the discharge of those functions he shall exercise the same \r\npowers as the District Judge. \r\n 7. Original Jurisdiction of District Judges in suits. Except as otherwise provide d by any \r\nenactment for the time being in force, the Court of the District Judge shall have jurisdiction in original \r\ncivil suits without limit as regards the value. \r\n 8. Civil Judges. Government may, in consultation with the High Court— \r\n(a) fix the number of Civil Judges to be appointed ; \r\n \r\n(b) make rules prescribing qualifications for recruitment of persons as Civil Judges \r\n; and \r\n \r\n \r\n \r\n \r\n(c) appoint as many Civil Judges as may be deemed necessary. \r\n \r\nPage 5 of 10 \r\n \r\n 9. Pecuniary limits of jurisdiction of Civil Judges. The jurisdiction to be exercised in original \r\ncivil suits as regards the value by any person appointed to be a Civil Judge shall be determined by the \r\nHigh Court either by including him in a class or otherwise as it thinks fit. \r\n \r\n 10. Local limits of jurisdiction. (1) The local limits of the jurisdiction of a Civil Judge shall \r\nbe such as the High Court may define. \r\n \r\n (2) When the High Court posts a Civil Judge to a district, the local limits of the district shall, in \r\nthe absence of any direction to the contrary, be deemed to be the local limits of his jurisdiction. \r\n \r\n 11. Power to inves t Civil Judges with Small Cause Courts jurisdiction. The High Court \r\nmay, by notification, within such local limits as it thinks fit, confer upon any Civil Judge the \r\njurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 \r\n(IX of 1887), for the trial of suits, cognizable by such Courts, up to such value not exceeding one \r\nthousand rupees as it thinks fit. \r\n 12. Exercise by Civil Judges of jurisdiction of District Courts in certain proceedings. (1) \r\nNotwithstanding anything contained in the Succession Act, 1925 (XXXIX of 1925), the High Court \r\nmay, by general or special order, authorise any Civil Judge to take cognizance of or any District Judge \r\nto transfer to a Civil Judge under his control, any proceedings or class of proceedings under the said \r\nAct. \r\n (2) The District Judge may withdraw any such proceedings taken cognizance of by or \r\ntransferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court under \r\nhis control competent to dispose of them: \r\n Provided that nothing herein contained shall empower a District Judge to withdraw such \r\nproceedings as have been specifically transferred from his Court by the High Court. \r\n (3) Proceedings taken cognizance of by or transferred to a Civil Judg e, as the case may be, \r\nunder this section, shall be disposed of by him subject to the rules applicable to like proceedings when \r\ndisposed of by the District Judge. \r\n 13. Places of sitting of Courts. (1) The High Court may fix the pl ace or places at which any \r\nCourt under this Ordinance is to be held. \r\n (2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court. \r\n (3) Except as may be otherwise provided by any order under this section, a Court under this \r\nOrdinance may be held at any place within the local limits of its jurisdiction. \r\n \r\n 14. Control of Courts and Presiding officers. (1) All Civil Courts in the areas to which this \r\nOrdinance extends shall be subordinate to the High Court, and, subject to the general superintendence \r\nand control of the High Court, the District Judge shall have control over all Civil Courts within the \r\nlocal limits of his jurisdiction. \r\n (2) The posting of Civil Judges shall be made by the High Court. \r\n 15.Power to distribute business . Notwithstanding anything contained in the Code of Civil \r\nProcedure, 1908 (V of 1908), every District Judge may by written order direct that any civil b usiness \r\ncognizable by his Court and the Courts under his control shall be distributed among such Courts in \r\nsuch manner as he thinks fit: \r\n \r\n \r\nProvided that no direction issued under his section shall empower any Court to exercise any powers \r\nor deal with any business beyond the limits of its jurisdiction. \r\n16. Delegation of powers by District Judges. A District Judge may, with the previous sanction of \r\nthe High Court, delegate, in respect of any specified portion of the district, to any Civil Judge in the district, \r\nhis powers under sections 14 and 15 of this Ordinance and the powers of the District Court under section \r\n24 of the Code of Civil Pro cedure, 1908 (V of 1908), and such powers may be exercised by such Civil \r\nJudge subject to the general control of the District Judge. \r\nCHAPTER III. \r\nJURISDICTION IN CIVIL APPEALS.\r\n17. Appeals from District Judges or Additional District Judges. (1) Save as otherwise provided \r\nby any enactment for the time being in force, an appeal from a decree or order of a District Judge or \r\nAdditional District Judge exercising original jurisdiction shall lie to the High Court. \r\n (2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge \r\nin any case in which, if the decree or order had been made by the District Judge, an appeal would not lie \r\nto that Court. \r\n18. Appeals from Civil Judges. 1[Save as aforesaid, an app eal from a decree or order of a Civil \r\nJudge shall lie to the District Judge.] \r\n(2) Where the function of receiving any appeal s which lie to the District Judge under the last \r\npreceding sub-section has been assigned to an Additional District Judge, the appeal may be preferred to \r\nthe Additional District Judge. \r\n (3) The High Court may, by notification, direct that appeals lying to the District Judge from all or \r\nany of the decrees or orders passed in any original suit by any Civil Judge shall be referred to such other \r\nCivil Judge as may be mentioned in the notif ication, and the appeals shall thereupon be preferred \r\naccordingly, and the Court of such Civil Judge shall be deemed to be a District Court for the p urposes of \r\nall appeals so preferred. \r\nCHAPTER IV. \r\nSUPPLEMENTAL PROVISIONS. \r\n19. Continuance of powers of officers. Whenever any person holding an office in the service of \r\nthe State who ha s been invested with any powers under this Ordinance throughout any local area is \r\ntransferred or posted at any subsequent time to an equal or higher office of the same nature within a like \r\nlocal area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same \r\npowers in the local area to which he is so transferred or posted. \r\n 20. Provisions regarding petition- writers. The High Court, in consultat ion with the Board of \r\nRevenue, West Pakistan, may make rules consistent with this Ordinance and any other enactme nt for the \r\ntime being in force — \r\n(a) declaring what parsons shall be permitted to act as petition-writers in Courts; \r\n(b) regulating the issue of licences to such persons, the conduct of business by them \r\nand the scale of fees to be charged by them; and \r\n \r\n \r\n1Subs. by Act No. XV of 2025, s.2 (Its application to the Islamabad Capital Territory). \r\n \r\nPage 7 of 10 \r\n \r\n(c) determining the authority by which breaches of such rules shall be investigated \r\nand the penalties which may be imposed. \r\n21. Temporary vacancy of office of District Judge . In the event of the death of a District \r\nJudge or of his being prevented from per forming his duties by illness or other cause, the Additional \r\nDistrict Judge, if any, or in the absence of the Additional District Judge from the district, the senior \r\nmost of the Civil Judges at the headquarters, shall assume charge of the district without interruption \r\nof his ordinary jurisdiction, and while so in charge shall perform the duties of the District Judge with \r\nrespect to the filing of suits and appeals, receiving pleadings, execution of processes and the like, and \r\nshall be designated Additional District Judge or Civil Judge, as the case may be, in charge of the district \r\nand shall continue in such charge until the office of the District Judge has been resumed or assum ed \r\nby an officer duly appointed thereto.\r\n22. Delegation of power s of the District Judge. Any District Judge, l eaving the headquarters \r\nand proceeding on duty to any place within his j urisdiction or in the event of his absence from the \r\ndistrict on leave, may delegate to th e Additional District Judge or i n the absence of an Additional \r\nDistrict Judge to the senior most of the Civil Judges at the headquarters, the power of performing any \r\nof the duties enumerated in section 21 that may be emergent ; and such officer shall be designated \r\nAdditional District Judge or Civil Judge, as the case may be, in charge of the district. \r\n 23. Temporary vacancy of office of Civil Judge. In the event of t he death, suspension or \r\ntemporary absence of any Civil Judge, the District Judge may empower any other Civil Judge of the \r\ndistrict to perform the duties of the Judge of the vacated Civil Court, either at the place of such Court \r\nor of his own Court, but in every such case the registers and records of the two Court s shall be kept \r\nseparately. \r\n24. Civil Courts having unlimited jurisdiction regarding value to try suits against the State \r\nand its servants in their official capacity. (1) No Civil Court not having jurisdiction in original suits \r\nwithout limit as regards value and no Court of the Small Causes shall receive, entertain or register any \r\nsuit in which Pakistan or any of its Provinces or any public officer as defined in clause (17) of section \r\n2 of the Code of Civil Procedure, 1908 (V of 1908), in his official capacity is a party. \r\n (2) In every such case the plaintiff shall be referred to the Court of the Civil Judge having \r\njurisdiction in original suits without limit as regard value and such suit shall be instituted only in the \r\nCourt of such Civil Judge and shall be heard at the headquarters of the district. \r\n 1[(2-A) Notwithstanding anything contained in sub-sections (1) and (2), in the Karachi District, \r\nany such suit, if the value thereof does not exceed twenty -five thousand rupees, may be instituted in \r\nand be tried by the Court of the District Judge, the Additional District Judge or Civil Judge of the First \r\nClass, and where the value of the suit exceeds twenty-five thousand rupees, it shall be instituted in and \r\nbe tried by the High Court. \r\n (2-B) The High Court may transfer any civil suit, whether instituted before or after the coming \r\ninto force of the West Pakistan Civil Courts (Amendment) Act, 1963, and whether pending before it \r\n \r\n \r\n \r\n1Ins. by West Pakistan Act No. XV of 1963, s. 2 \r\n \r\n \r\nPage 8 of 10 \r\n \r\nor in any other Court, which under the provisions of sub -section (2-A) may be tried by a Civil \r\nCourt constituted under this Ordinance, to such Civil Court, and such suit shall thereupon be tried by \r\nsuch Civil Court.] \r\n(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a \r\nGovernment Railway or to any suit merely because a public officer is a part y thereto, in his capacity \r\nas— \r\n(a) a member of a local authority ; or \r\n (b) curator, guardian, manager or representative of a private person or estate in virtue of \r\nan appointment, delegation, declaration or exercise of powers under— \r\n \r\n(i) Order XXXII rule 4 (4) of the Code of Civil Procedure, 1908 (V of 1908); \r\n \r\n(ii) section 195 of the Succession Act, 1925 (XXXIX of 1925); \r\n \r\n(iii) section 69 or 71 of the Lunacy Act, 1912 (IV of 1912); \r\n \r\n(iv) section 7, 18 or 42 of the Guardians and Ward Act, 1890 (VIII of 1890); or \r\n \r\n(v) any provision of any West Pakistan enactment relating to Court of Wards. \r\n \r\n25. List of holidays. (1) Subject to such general orders as may be made by Government, the \r\nHigh Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts. \r\n(2) Every such list shall be published in the Official Gazette. \r\n \r\n26. Seal of the court. Every Court shall have and use, as the occasion may arise, a circular seal \r\ntwo inches in diameter bearing round its circumference the title of the Court in English and Urdu script \r\nand in the centre a device and impression o f a crescent moon with the horns pointing upwards \r\nsurmounted by a star, and the said seal shall be delivered to and kept in the custody of the presiding \r\nofficer of the Court. \r\n \r\n27. Power of frame rules. (1) The High Court may, with the approval of Government, frame \r\nrules for the purposes of carrying into effect the provisions of this Ordinance. \r\n \r\n(2) In particular, and without prejudice to the generality of the foregoing power, the High Court \r\nmay, with the approval of Government, frame rules for all or any of the following purposes, namely:— \r\n \r\n(a) the supervision of all Civil Courts and their visitation and inspection; \r\n \r\n(b) the exercise by the District Judges of the general control vested in them over \r\nthe Civil Courts in their respective districts;\r\n \r\n(c) the places and times for the holding of Civil Courts; \r\n \r\n(d) the fees to be charged for processes issued by the Civil Courts or by any officer \r\nof any such Court; \r\n \r\nPage 9 of 10 \r\n \r\n(e) the fees payable in any suit or proceeding in any Civil Court by any party in \r\nrespect of the fees of the pleader of any other party; and \r\n(f) the manner in which the proceedings of the Civil Courts shall be kept and \r\nrecorded, the manner in which the paper books for the hearing of appeal shall \r\nbe prepared and the granting of copies. \r\n28. Repeal and savings. (1) The enactments specified in the Schedule are hereby repealed to \r\nthe extent mentioned in the fourth column thereof. \r\n(2) The districts and headquarters of districts existing for the purposes of civil justice when this \r\nOrdinance comes into force shall be deemed to have been made and determined under this Ordinance. \r\n(3) On the commencement of this Ordinance, if any suit or appeal is pending in the High Court \r\nor any other Civil Court, which under this Ordinance is to be tried or heard by some other Court, such \r\nsuit or appeal shall stand transferred to the Court competent under th is Ordinance to try or hear the \r\nsame. \r\n(4) (i) The District Judges; \r\n (ii) the Additional Judges, the Joint Judges and the Assistant Judges; and \r\n (iii) the First Class Subordinate Judges, the Second Class Subordinate Judges, the \r\nSubordinate Judges, the Joint Subordinate Judges and Civil Judges, \r\nappointed under any of the enactments repealed under sub- section (1) shall, on the commencement of \r\nthis Ordinance, become District Judges, Additional District Judges and Civil Judges respectively under \r\nthis Ordinance, and exercise powers and jurisdiction as such. \r\n(5) Notwithstanding the repeal of the enactments mentioned in the Schedule, everything done, \r\naction taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, \r\nofficer appointed or person authorised, juris diction or power conferred, rule made and order issued \r\nunder any of the provisions of the said enactments shall, if not inconsistent with the provisions of this \r\nOrdinance, continue in force and, so far as may be, be deemed to have been respectively done, taken, \r\nincurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 10 of 10 \r\n \r\nTHE SCHEDULE \r\n [ENACTMENTS REPEALED] \r\n (See section 28) \r\nYear. No. Short title Extent of repeal \r\n1 2 3 4 \r\n1918 \r\n1918 \r\n \r\n1926 \r\n1926 \r\n \r\n1926 \r\n \r\n1931 \r\n \r\n1939 \r\n \r\n1952 \r\n \r\n1952 \r\n \r\n1959 \r\n \r\n1956 \r\nVI \r\nVI \r\n \r\nVII \r\nVII \r\n \r\nVII \r\n \r\nI \r\n \r\nVII \r\n \r\nX \r\n \r\n.. \r\n \r\nIV \r\n \r\nII \r\nThe Punjab Courts Act, 1918. \r\nThe Punjab Courts Act, 1918, as applica ble to former \r\nBahawalpur State. \r\nThe Sind Courts Act, 1926. \r\nThe Sind Courts Act, 1926, as applicable to the District of \r\nKarachi. \r\nThe Sind Courts Act, 1926, as applicable to the District of \r\nKhairpur. \r\nThe North-West Frontier Province Courts Re-gulation,1930. \r\n \r\nThe British Baluchistan Courts Regulation,1939. \r\n \r\nThe North-West Frontier Province Courts Act,1952. \r\n \r\nDastoor-ul-Amal Diwani, Riasat Kalat. \r\n \r\nThe Sind Acts (Extension to Khairpur District) \r\nOrdinance,1959. \r\n \r\nThe Karachi Courts Order, 1956. \r\nThe whole. \r\nThe whole. \r\n \r\nThe whole. \r\nThe whole, except \r\nsection 8. \r\nThe whole. \r\n \r\nThe whole. \r\n \r\nThe whole. \r\n \r\nThe whole. \r\n \r\nThe whole. \r\n \r\nEntry 4 of the First \r\nSchedule. \r\n \r\nThe whole, except \r\nclause 4 (2). \r\n \r\n___________ \r\np10wns21473 \r\nRGN Date: 24-06-2025", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-226f90afa46ac96d:sha256:4eccf25fa76818bc31a9c3f5c0183fd9bfd02ca5f8ea83fc1d1d695c337d0528:chars-0-1711:9c5a7aa70bc997fd6d051998e080485d31f9fd201be508797c41a35c8a3caabb", "character_start": 0, "character_end": 1711, "utf8_byte_start": 0, "utf8_byte_end": 1711, "passage_sha256": "9c5a7aa70bc997fd6d051998e080485d31f9fd201be508797c41a35c8a3caabb", "reader_fragment": "p-0-1711-9c5a7aa70bc997fd" }, { "passage_id": 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