PUNJAB CIVIL COURTS ORDINANCE, 1962
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THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (II of 1962)
THE SCHEDULE
TEXT 1THE 2[PUNJAB] CIVIL COURTS ORDINANCE, 1962 (II of 1962) [8 January 1962] An Ordinance to amend and consolidate the law relating to Civil Courts in the Province of 3[the Punjab].
WHEREAS it is expedient to amend and consolidate the law relating to Civil Courts in the Province of 4[the Punjab].
NOW, THEREFORE, in pursuance of the Presidential Proclamation 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
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the 5[Punjab] Civil Courts Ordinance, 6[1962]. 7[(2) It extends to whole of the Punjab.] 8[(3) It shall come into force at once.]
Section 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– 9[(a) “Government” means Government of the Punjab;] 10[(b) “High Court” means Lahore High Court;]
1This Ordinance was promulgated by the Governor of West Pakistan on November 10, 1961, published in the Gazette of West Pakistan (Extraordinary), dated January 8, 1962, pp. 87-96, saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
3Ibid.
4Ibid.
5Ibid. 6The figure “1961” corrected through corrigendum.
7Substituted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 2(a).
8Ibid., s. 2(b). 9Ibid., s. 3(i). 10Ibid., s. 3(ii).
(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 lands;
(d) “land suit” means a suit relating to land or to any right or interest in land;
(e) “prescribed” means prescribed by rules made under this Ordinance; 1[(f) “small cause” means a suit or claim cognizable by a court established under the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002);]
(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
Section 3. Classes of Courts
Besides 2[a court established under the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002)], 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.
Section 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.
Section 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 appointed to be District Judge of two or more districts.
Section 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 him, and in the discharge of those functions he shall exercise the same powers as the District Judge.
1Substituted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 3(iii).
2Substituted for the expression “the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887” by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 4.
Section 7. Original jurisdiction of District Judges in suits
Except as otherwise
provided 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.
Section 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.
Section 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.
Section 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.
[1] Section 11. Power to invest Civil Judges with Small Cause Courts jurisdiction
*
* * * * * * * * * ]
Section 12. Exercise by Civil Judges of jurisdiction of District Courts in certain proceedings
(1) Notwithstanding anything contained in the Succession Act, 1925 2, 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 Judge, 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.
Section 13. Places of sitting of Courts
(1) The High Court may fix the place 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.
1Omitted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 5.
2XXXIX of 1925.
(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.
Section 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.
Section 15. Power to distribute business
Notwithstanding anything contained in the Code of Civil Procedure, 1908 1, every District Judge may by written order direct that any civil business 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 this section shall empower any Court to exercise any powers or deal with any business beyond the limits of its jurisdiction.
Section 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 Procedure, 1908 2, 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
Section 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.
Section 18. Appeals from Civil Judges
(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie–
(a) to the High Court if the value of the original suit in which the decree or order was made exceeds 3[ 4[ 5[ 6[fifty million]]]] rupees; and
1V of 1908. 2V of 1908.
3Substituted for the words “twenty five” by the Punjab Civil courts (Amendment) Ordinance, 1978 (XX of 1978), published in the Punjab Gazette (Extraordinary), dated September 20, 1978, pp. 1289-1290, s. 2.
4Substituted for the word “fifty” by the Punjab Civil Courts Ordinance (Amendment) Act, 1986 (V of 1986), published in the Punjab Gazette (Extraordinary), dated June 14, 1986, pp. 1311-1312, s. 2.
5Substituted for the word “two” by the Punjab Civil Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Punjab Gazette (Extraordinary), dated September 26, 2002, pp. 2809-2810, s. 2.
6Substituted for the words “twenty five hundred thousand” by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 6.
(b) to the District Judge in any other case.
(2) Where the function of receiving any appeals which lie to the District Judge under the last preceding sub-section has been assigned to an Additional District Judge, the appeals 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 notification, 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 purposes of all appeals so preferred.
CHAPTER IV
Supplemental provisions
Section 19. Continuance of powers of officers
Whenever any person holding an office in the service of the State who has 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.
Section 20. Provisions regarding petition-writers
The High Court, in consultation with the Board of Revenue, 1[Punjab], may make rules consistent with this Ordinance and any other enactment for the time being in force–
(a) declaring what persons 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
(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.
Section 21. Temporary vacancy of office of District Judge
In the event of the death of a District Judge or of his being prevented from performing 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 assumed by an officer duly appointed thereto.
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
Section 22. Delegation of powers of the District Judge
Any District Judge, leaving the headquarters and proceeding on duty to any place within his jurisdiction or in the event of his absence from the district on leave, may delegate to the Additional District Judge or in the absence of an Additional District Judge to the senior most of the Civil Judges at the headquarters, the powers 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.
Section 23. Temporary vacancy of office of Civil Judge
In the event of the 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 Courts shall be kept separately.
Section 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 1, in his official capacity is a party 2[:] 3[ 4[ * * * * * * * * * ]]
(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 regards 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. 5[ 6[(2-A) * * * * * * * * ]] 7[ 8[(2-B) * * * * * * * * ]]
(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 party thereto, in his capacity as–
(a) a member of a local authority; or
1V of 1908. 2Replaced for the full-stop by the West Pakistan Civil Courts (Amendment) Ordinance, 1963 (XII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated July 17, 1963, pp. 2191-2192, s. 2.
3Added by the Ordinance ibid.
4Proviso deleted by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
5Ibid. 6Deleted by the Order ibid.
7Inserted by the West Pakistan Civil Courts (Amendment) Act, 1963 (XV of 1963), published in the Gazette of West Pakistan (Extraordinary), dated July 19, 1963, pp. 3167-3168, s. 2.
8Deleted by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
(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 1;
(ii) section 195 of the Succession Act, 1925 2;
(iii) section 69 or 71 of the Lunacy Act, 1912 3;
(iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890 4; or
(v) any provision of any 5[Punjab] enactment relating to Court of
Wards.
Section 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.
Section 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 of 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.
Section 27. Power to 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;
(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
1V of 1908. 2XXXIX of 1925. 3IV of 1912. 4VIII of 1890.
5Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
(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 appeals shall be prepared and the granting of copies.
[1] Section 28. Repeal and savings
* * * * * * ]
2[THE SCHEDULE]
1Omitted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 7.
2Ibid., s. 8.
Print contents from the source
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. [Omitted] 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. 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. [Omitted]
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THE PUNJAB CIVIL COURTS ORDINANCE, 1962
(II of 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. [Omitted]
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.
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. [Omitted]
THE SCHEDULE
TEXT
1
THE
2
[PUNJAB] CIVIL COURTS ORDINANCE, 1962
(II of 1962)
[8 January 1962]
An
Ordinance
to amend and consolidate the law relating to Civil Courts in the Province of
3
[the
Punjab].
WHEREAS it is expedient to amend and consolidate the law relating to Civil
Courts in the Province of
4
[the Punjab].
NOW, THEREFORE, in pursuance of the Presidential Proclamation 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 may be called
the
5
[Punjab] Civil Courts Ordinance,
6
[1962].
7
[(2) It extends to whole of the Punjab.]
8
[(3) It shall come into force at once.]
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–
9
[(a) “Government” means Government of the Punjab;]
10
[(b) “High Court” means Lahore High Court;]
1This Ordinance was promulgated by the Governor of West Pakistan on November 10, 1961, published in the Gazette of West
Pakistan (Extraordinary), dated January 8, 1962, pp. 87-96, saved and given permanent effect by Article 225 of the Constitution
of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14. 8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 49.
3Ibid.
4Ibid.
5Ibid.
6The figure “1961” corrected through corrigendum.
7Substituted by the Punj ab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette
(Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 2(a).
8Ibid., s. 2(b).
9Ibid., s. 3(i).
10Ibid., s. 3(ii).
(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 lands;
(d) “land suit” means a suit relating to land or to any right or interest in
land;
(e) “prescribed” means prescribed by rules made under this Ordinance;
1
[(f) “small cause” means a suit or claim cognizable by a court established
under the Small Claims and Minor Offences Courts Ordinance, 2002
(XXVI of 2002);]
(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
2
[a court established under the Small Claims
and Minor Offences Courts Ordinance, 2002 (XXVI of 2002)] , 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 appointed 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 him, and in the discharge of those
functions he shall exercise the same powers as the District Judge.
1Substituted by the Punjab Civil Courts (Amendment ) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette
(Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 3(iii).
2Substituted for the expression “the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887” by
the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary), dated
September 2, 2016, pp. 1503-1504, s. 4.
7. Original jurisdiction of District Judges in suits .– Except as otherwise
provided 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.
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 Cou rt 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 d istrict, 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.
1
[11. Power to invest Civil Judges with Small Cause Courts
jurisdiction.– * * * * * * * * * * ]
12. Exercise by Civil Judges of jurisdiction of District Courts in certain
proceedings.– (1) Notwithstanding anything contained in the Succession Act, 1925
2
,
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 hi mself 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 Judge, 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 place 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.
1Omitted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary),
dated September 2, 2016, pp. 1503-1504, s. 5.
2XXXIX of 1925.
(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 s hall 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
1
, every District Judge may by written order direct that
any civil business 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 this 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 Procedure, 1908
2
, 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 appeal from a decree
or order of a Civil Judge shall lie–
(a) to the High Court if the value of the original suit in which the decree or
order was made exceeds
3
[
4
[
5
[
6
[fifty million]]]] rupees; and
1V of 1908.
2V of 1908.
3Substituted for the words “twenty five” by the Punjab Civil courts (Amendment) Ordinance, 1978 (XX of 1978), published in the
Punjab Gazette (Extraordinary), dated September 20, 1978, pp. 1289-1290, s. 2.
4Substituted for the word “fifty” by the Punjab Civil Courts Ordinance (Amendment) Act, 1986 (V of 1986), published in the
Punjab Gazette (Extraordinary), dated June 14, 1986, pp. 1311-1312, s. 2.
5Substituted for the word “two” by the Punjab Civil Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Punjab
Gazette (Extraordinary), dated September 26, 2002, pp. 2809-2810, s. 2.
6Substituted for the words “twenty five hundred thousand” by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016),
published in the Punjab Gazette (Extraordinary), dated September 2, 2016, pp. 1503-1504, s. 6.
(b) to the District Judge in any other case.
(2) Where the function of receiving any appeals which lie to the District
Judge under the last preceding sub -section has been assigned to an Additional
District Judge, the appeals 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 no tification, 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 purposes of
all appeals so preferred.
CHAPTER IV
Supplemental provisions
19. Continuance of powers of o fficers.– Whenever any person holding an
office in the service of the State who has 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 consultation with
the Board of Revenue,
1
[Punjab], may make rules consistent with this Ordinance and
any other enactment for the time being in force–
(a) declaring what persons shall be permitted to act as petition -writers in
Courts;
(b) regulating the issue o f licences to such persons, the conduct of
business by them and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be
investigated and the penalties which may be imposed.
21. Temporary vacancy o f office of District Judge .– In the event of the death
of a District Judge or of his being prevented from performing his duties by illness or
other cause, the Additional District Judge, if any, or in the absence of the Additional
District Judge from the di strict, 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 Judg e has been resumed or assumed by an officer duly
appointed thereto.
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973) ,
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 49.
22. Delegation of powers of the District Judge.– Any District Judge, leaving the
headquarters and proceeding on duty to any place within his jurisdiction or in the
event of his absence fro m the district on leave, may delegate to the Additional
District Judge or in the absence of an Additional District Judge to the senior most of
the Civil Judges at the headquarters, the powers of performing any of the duties
enumerated in section 21 that ma y 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 the 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 Courts 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
1
, in his official capacity is a party
2
[:]
3
[
4
[ * * * * * * * * * ]]
(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 regards value and such suit
shall be instituted only in the Court o f such Civil Judge and shall be heard at the
headquarters of the district.
5
[
6
[(2-A) * * * * * * * * ]]
7
[
8
[(2-B) * * * * * * * * ]]
(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
party thereto, in his capacity as–
(a) a member of a local authority; or
1V of 1908.
2Replaced for the f ull-stop by the West Pakistan Civil Court s (Amendment) Ordinance, 1963 (XII of 1963), published in the
Gazette of West Pakistan (Extraordinary), dated July 17, 1963, pp. 2191-2192, s. 2.
3Added by the Ordinance ibid.
4Proviso deleted by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette
(Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
5Ibid.
6Deleted by the Order ibid.
7Inserted by the West Pakistan Civil Courts (Amendment) Act, 1963 (XV of 1963), published in the Gazette of West Pakistan
(Extraordinary), dated July 19, 1963, pp. 3167-3168, s. 2.
8Deleted by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973) , published in the Punjab Gazette
(Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 49.
(b) curator, guardian, manager or representative of a private person or
estate in virtue of an appointment, delegation, declaration or exerc ise
of powers under–
(i) Order XXXII, rule 4(4) of the Code of Civil Procedure, 1908
1
;
(ii) section 195 of the Succession Act, 1925
2
;
(iii) section 69 or 71 of the Lunacy Act, 1912
3
;
(iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890
4
; or
(v) any provision of any
5
[Punjab] 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 of
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 to frame rul es.– (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;
(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
1V of 1908.
2XXXIX of 1925.
3IV of 1912.
4VIII of 1890.
5Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1 974) (w.e.f. 14.8.1973) ,
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 49.
(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 appeals shall be prepared and the granting of copies.
1
[28. Repeal and savings.– * * * * * * ]
2
[THE SCHEDULE]
1Omitted by the Punjab Civil Courts (Amendment) Act 2016 (XXXVIII of 2016), published in the Punjab Gazette (Extraordinary),
dated September 2, 2016, pp. 1503-1504, s. 7.
2Ibid., s. 8.This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
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Section 21
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r in the absence of an Additional District Judge to the senior most of the Civil Judges at the headquarters, the powers of performing any of the duties enumerated in section 21 that ma y 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 the deat
Section 69
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tion or exerc ise of powers under– (i) Order XXXII, rule 4(4) of the Code of Civil Procedure, 1908 1 ; (ii) section 195 of the Succession Act, 1925 2 ; (iii) section 69 or 71 of the Lunacy Act, 1912 3 ; (iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890 4 ; or (v) any provision of any 5 [Punjab] enactment relating to Court of Wards. 25. List of holidays .– (1) Subject t
Section 7
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, rule 4(4) of the Code of Civil Procedure, 1908 1 ; (ii) section 195 of the Succession Act, 1925 2 ; (iii) section 69 or 71 of the Lunacy Act, 1912 3 ; (iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890 4 ; or (v) any provision of any 5 [Punjab] enactment relating to Court of Wards. 25. List of holidays .– (1) Subject to such general orders as may be made by Government,
Provisions explicitly cited in other instruments 5
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB CIVIL COURTS ORDINANCE, 1962
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f West Pakistan on November 10, 1961, published in the Gazette of West Pakistan (Extraordinary), dated January 8, 1962, pp. 87-96, saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14. 8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, A
Target heading · Constitution of the Islamic Republic of Pakistan
225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
Section 24 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by PUNJAB CIVIL COURTS ORDINANCE, 1962
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ecified 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 Procedure, 1908 2 , 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 .–
Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)
24. General power of transfer and with drawl.__ (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion with out such notice, the High Court or the District Court may at any stage__ (a) transfer any suit, appeal or o
Section 2 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by PUNJAB CIVIL COURTS ORDINANCE, 1962
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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 1 , in his official capacity is a party 2 [:] 3 [ 4 [ * * * * * * * * * ]] (2) In every such case the plaintiff shall be referred to the Court of the Civil Judge having jurisdiction in original suits without limit
Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__ (1) “Code” includes rules: (2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties which regard to all or any of t
Rule 4(4) of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by PUNJAB CIVIL COURTS ORDINANCE, 1962
The cited provision kind differs from the numbered headings identified for this instrument.
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rdian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exerc ise of powers under– (i) Order XXXII, rule 4(4) of the Code of Civil Procedure, 1908 1 ; (ii) section 195 of the Succession Act, 1925 2 ; (iii) section 69 or 71 of the Lunacy Act, 1912 3 ; (iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890 4 ; or (v) any provision of any 5 [Punjab] e
Section 195 of Succession Act, 1925
Cited by PUNJAB CIVIL COURTS ORDINANCE, 1962
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tate in virtue of an appointment, delegation, declaration or exerc ise of powers under– (i) Order XXXII, rule 4(4) of the Code of Civil Procedure, 1908 1 ; (ii) section 195 of the Succession Act, 1925 2 ; (iii) section 69 or 71 of the Lunacy Act, 1912 3 ; (iv) section 7, 18 or 42 of the Guardians and Wards Act, 1890 4 ; or (v) any provision of any 5 [Punjab] enactment relating to Court of Wards. 25. List of
Target heading · Succession Act, 1925
195. Appointment of curator pending determination of proceeding. If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in posse
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