PUNJAB ESTABLISHMENT OF SPECIAL COURTS (OVERSEAS PAKISTANIS PROPERTY) ACT 2025

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PUNJAB ESTABLISHMENT OF SPECIAL COURTS 
(OVERSEAS PAKISTANIS PROPERTY) ACT 2025 
(IX of 2025) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3.  Establishment of special court, etc. 
4.  Filing of petition 
5.  E-filing of petitions, etc. 
6. Notice to appear and consequences of non-appearance 
7. Leave to defend 
8. Recording of evidence 
9.  Period for disposal of petition 
10. Appeal 
11. Execution of decree 
12. Attachment before judgment, injunction or appointment of receivers 
13.  Transfer of pending cases 
14.  Application of fines and costs 
15. Restriction on transfer of property 
16. Application of the Limitation Act, 1908 (Act IX of 1908) 
17. Powers of special court 
18. Finality of order 
19. Registrar 
20. Report 
21. Power to make rules 
22. Removal of difficulties 
23. Act to override other laws 
 
 
  
 
TEXT 
1
PUNJAB ESTABLISHMENT OF SPECIAL COURTS (OVERSEAS PAKISTANIS 
PROPERTY) ACT 2025 
(IX of 2025) 
[29th January, 2025] 
An 
Act 
to establish special courts for adjudication of petition in respect of immovable properties 
of overseas Pakistanis. 
It is necessary to establish special courts in order to secure and provide for protection of 
rights of o wnership a nd possession in respect of immovable properti es of overseas 
Pakistanis and for matters connected therewith and incidental thereto.  
Be it enacted by Provincial Assembly of the Punjab as follows: 
1. Short title , extent and commencement . (1) This Act may be cited as the 
Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025. 
(2) It extends to whole of the Punjab.  
(3) It shall come into force at once. 
2. Definitions. In this Act: 
(a) “code” means the Code of Civil Procedure, 1908 (V of 1908); 
(b) “Government” means Government of the Punjab; 
(c) “Overseas Pakistani ” means any perso n holding a Pakistani passport, 
computerized national ide ntity card (CN IC), National Identity Card for 
Overseas Pakistanis (NICOP), Paki stan Origin C ard (POS) or Over seas 
Pakistani Foundation (OPF) membership card proving his nationality and is 
living, working or studying abroad permanently or temporarily for more than 
one hundred and eighty two (182) days in a tax year; 
(d) “petitioner” for the purpose of filing petition before a special court, means 
the overseas Pakistani or anyone authorized by him in his behalf; 
(e) “prescribed” means prescribed by rules; 
(f) “property” means immoveable property as defined in the Registration 
Act, 1908 (XVI of 1908); 
(g) “rules” means rules made under this Act; and 
(h) “special court” means the special cour t established or designated as  such 
under this Act. 
3.  Establishment of special court, etc . (1) The Government may, by notification 
in the official Gazette, establish, in consultation with the Chief Justice of the  Lahore High 
Court, as many special courts in th e Punjab as it may deem necessary to try petitions 
filed by overseas Pakistanis in relation to their  immovable properties and where more 
than one speci al court are established, the notification sh all specify jurisdiction of each 
such special court.  
                                                             
1This Act was passed by Provincial Assembly of the Punjab on 20 January 2025; and was assented to by Governor of the Punjab on 
29 January 2025; and was published in the Punjab Gazette (Extraordinary), dated: 29 January 2025, pp. 2711-2717. 
 
(2) The Government may, in consultation with the Chief Justice of the  Lahore 
High Court, Lahore , appoint any per son as a judge of the special court who is or has 
been a district judge or an additional district judge or who is or has been an advocate of 
the High Court for a period of not less than ten years and is no t more than sixty -five 
years of age at the time of appointment as such judge. 
(3) In addition to or in lieu of establishment of the special court under sub -
section (1 ), the  Government may, in consultation with the Chief Justice of the Lahore 
High Court, Lahore and by notification in the official Gazette desig nate in the  Punjab as 
many courts of district judge or additional district judges as special court as it may deem 
fit and where more than one special court ar e designated, the notification shall specify 
jurisdiction of each such court. 
(4) A judge of the special court shall have the same powers and jurisdiction as 
vested in the court of district judge under the Code. 
(5) A judge of the special court shall be appointed for a period of three years 
on such terms and conditions as may be determined by the Chief  Justice of the Lahore 
High Court, Lahore. 
(6) A judge of the special court shall not  be removed before the expiry of his 
tenure unless found guilty of misconduct. 
(7) The disciplinary proceedings against a judge of a special court shall be 
conducted in the same manner and under the same legal provisi on and rules as 
prescribed for a district and sessions judge in the Punjab. 
(8) During his tenure, a judge of a special court may be transferred to another 
special court within the Punjab by the Chief Justice of the Lahore High Court.  
4.  Filing of petition . (1) A petition under this Act shall be filed in special court 
having the jurisdiction, in such manner as may be prescribed. 
 (2) A petition under sub -section (1) shall contain a concise statement of facts 
which shall include status of ownership and unlawful possession or control of property, 
estimated market value of property, details of rent or profits received by person in 
unlawful possession or control of property, if  any, and the relief claimed and such other 
information or documents as may be prescribed. 
 (3) Notwithstanding anything contained in the Code or any other law for the 
time being in force, all actions, disputes, petitions, suits, proceedings and matters 
connected therewith in which one or more of the parties ar e overseas Pakistanis, shall 
be heard and adjudicated exclusively by a special court. 
5.  E-filing of petitions, etc. (1) The Lahore High Court shall make rules to enable  
filing of petitions, responses, applications, hearing of parties including recording of 
evidence under this Act and all ma tter connected therewith or incidental thereto through 
electronic means. 
 (2) Subject to the provisions of Punjab Public Financial Management Act 2022 
and to carry out purposes of this Act , there shall be maintained by designated officer or 
the special court in the pres cribed manner , bank account for deposit of court fee and 
other charges manually or through modern devices including e-filing, etc. 
 (3) There shall be maintained physical and electronic record of all the ca ses 
filed and pending before the special Courts along with the details of the proceedings that 
have taken place therein. 
6. Notice to appear and consequences of non -appearance. (1) The Special 
Court shall issue notice to the  respondents in the form as given in the  Code for  
 
appearance on a date fixed no t later than ten d ays through process server, registered 
post acknowledgement due and courier service. 
 (2) In addition to the service under sub-section (1), the special court shall order 
for effecting service by: 
(a) affixing a copy of the no tice at some conspicuous part of the disposse ssed 
property or residence of the respondent in which he is known to have last 
resided or carries on business or personally works for gain; 
(b) any modern device including electronic  or digital device of communication 
which may include mobile phone, telephone, telegram, phonogram, telex, 
fax, radio, television etc. in a prescribed manner; 
(c) urgent mail service or public courier services; 
(d) announcement  through mosque, temple, community center, etc.; 
(e) publication in the press in the prescribed manner; or 
(f) any other manner or mode as it may think fit; 
Provided that the Special Court may order the use of all or any of the afor esaid 
modes of service simultaneously. 
 (3) If the respondent fails to appear, the special court may direct service again 
by a ny of t he modes mentioned in sub -section (2) to appear on a  date not later than 
seven days. 
 (4) If the respond ent fails to appear again, the special court may proceed ex-
parte against the respondent and may pass any order under the law applicable thereto. 
 (5) If an ex-parte order is passed against a respondent, the respondent may, 
within ten days from the date of k nowledge thereof, apply to the special court for setting 
aside the ex-parte order along-with an application for leave to appear and defend. 
 (6) If the respondent shows a sufficient cause for his non -appearance, the 
special court may set aside the ex-parte order on such terms as it may deem fit. 
7. Leave to defend . (1) A special court shall not allow respondent to defend the 
application unless he obtains from this special court leave to defend. 
 (2) Subject to other provisions of this Act, a respondent sha ll file an application 
for leave to defend  within fifteen days , in default of which, the allegations of fact in the 
petition shall be deemed to have been admitted and the special c ourt may pass the 
judgment and decree in favour of the petitioner. 
 (3) The application for l eave to defend shall be in the form of a written 
statement containing a summary of substantial questions of law as well as facts in 
respect of which, in the opinion of the respondent, evidence needs to be recorded. 
 (4) The application for leave to defend shall be accompanied by an affidavit of 
the respondent, copy of all relevant documents in possession or power and affidavits of 
not more than two witnesses which, in the opinion of the respondent , support the 
question of law and facts raised by him. 
 (5) An application for leave to defend which do es not comply with the 
requirements of sub -section (4) shall be rejected, unless the respondent discloses 
sufficient cause for his inability to comply with any such requirement. 
 (6) The petitioner may file a reply to the application for leave to defend. 
 (7) The special court shall grant the respondent leave to defend if on 
consideration of c ontents of the petition, application for l eave to defend and its reply 
 
thereto it is of the view that substantial questions of law or facts have been raised in 
respect of which evidence needs recording. 
 (8) The special court shall decide the application for leave to defend within a 
period of fifteen days from the date of its filing. 
 (9) In granting leave under sub-section (7), the Special court may impose such 
conditions as it may deem appropriate in circumstances of the case , including furnishing 
of security which shall not be less than ten percent of estimated market value of property 
of overseas Pakistani prevailing at that time. 
 (10) If leave to defend is granted the special cour t shall treat the application for 
leave to defend as a defence of respondent and in its order  granting leave it shall fr ame 
issues relating to substantial questio ns of law or facts and, subject to fulfill ment of any 
conditions attached to gra nt of leave, fix a d ate for recording of evidence thereon and 
disposal of the proceedings. 
 (11) Where the application for leave to defend is rejected or where a respondent 
fails to fulfill conditions attached to the grant of leave to defend, the special court shall 
proceed to pass judgment and decree against the respondent. 
8. Recording of evidence. (1) The special court shall direct the party concerned to 
produce its evidence on a date fixed.  
(2) The special court shall treat an affidavi t filed by a party as examination-in-
chief and: 
(a) may, of its own motion , order attendance of the deponent for cr oss 
examination; and 
(b) shall, if so r equested by a party, direct production of the d ependent for 
cross-examination. 
 (3) The special court sha ll not grant more than two opportunities to a party for 
production of the evidence. 
(4) The special court shall not grant an adjournment for cross examination of a 
witness except for a sufficient cause and on payment of the costs to the witness as it 
may deem fit. 
(5) A special c ourt, on request of an overse as Pakistani litigant, shall make 
arrangements to enable the litigant to participate in the court proceedings through video 
link. 
(6) A special c ourt sha ll allow eviden ce of an  overseas litigant or a witness 
through the concerned high commissioner, embassy or consulate, as the case may be 
by use of video linkor legally acceptable mode:  
Provided that such evidence shall be recorded under supervision of an official of the 
concerned high commission, etc. especially notified for this purpose. 
 (7) A special court shall enable that cause list and short orders of such cases 
to be uploaded on the web portal especially established for this purpose. 
(8) After recording evidence of the parties, if any, and hearing the arguments, 
the special court shall pass the judgment and decree. 
9.  Period for disposal of petiti on. (1) The special court shall pass a judgment as 
expeditiously as possible but not later than ninety days from the date of grant of 
application for leave to defend. 
 (2) In case the p roceedings are not completed within ninety day s, the 
respondent may be required  to furnish security in such amount as the special court 
 
deems fit, and on failure of the respondent to furnish security the special court shall pass 
judgment. 
 (3) The requirement of furnishing security under sub -section (2) shall be 
dispensed with, if in  opinion of the special court on appreciation of material available on 
record, the delay is not attributable to conduct of the respondent. 
 (4) At any time during the course of proceedings, the special court shall not 
allow adjournment for more than seven days. 
 (5) The special court if it deems necessary for expeditious disposal of the suit 
or petition, for reasons to be recorded in writing, shall on its own motion have the power 
to summon official record maintained by the public authorities in respect of any matter 
connected with or arising from the subject matter of the suit or petition. 
10. Appeal. (1) Any  person aggrieved by a judgment, decree or final order of the 
special court may, within fifteen days, prefer an appeal to the High Court. 
(2) The admission of appeal shall not be deemed to suspend operation of 
judgment, decree or final order unless a notice has been served on the decree holder. 
(3) The High Court shall decide an appeal within a period of ninety days from 
the date of its filing. 
(4) An appeal may be preferred under this section from a decree passed  ex-
parte.  
(5) No appeal, review or revision shall lie against an order accepting or 
rejecting an application for leave to defend or any interlocutory order of the special court 
which does not dispose of the entire proceedings before the special court. 
(6) Any order for stay of execution of decree in appeal shall automatically 
lapse on expiry of two months from date of such order. 
11. Execution of decree. (1) Notwithstanding anything contained in any other law for 
the time being in force, upon iss uance of decree by a special cour t, the suit shall 
automatically stand converted into execution proceedings without the need to file 
separate application and the case sha ll be heard by the  special court for execution of its 
decree on the expiry of fifteen days from the date of issuance of decree or order. 
(2) The decree of the special court shall be executed in accordance with the 
provisions of the Code or any other law for the time being in force or in such  manner as 
the special court may at request of the decree holder may consider appropriate. 
(3) The special court shall be entitled to seek services and assistance of the 
police or any law enforcement agency in exercise of powers conferred by this section. 
(4) Notwithstanding anything confined in the Code or any other law , for the 
time being in force, if the claim or objections are found by the special court to be mala-
fide or filed merely to delay the execution process the special  court shall impose such 
penalty as it deems fit in facts and circumstances of the justice.  
12. Attachment before judgment, injunction or appoin tment of receivers. (1) 
The special courts may, on its own or on an application, by the petitioners, with a view to 
preventing property from being transferred, alienated , encumbered, wasted or otherwise 
dealt with in a manner which is likely to impair or prejudice the rights of overseas 
Pakistanis, or otherwise in the interest of justice:  
(a) restrain the respondent or others from transferring, a lienating, parting with 
possession or otherwise encumbering, charging, disposing of or dealing 
with the property in any manner; 
 
(b) attach such property; 
(c) transfer possession of such property to the aggrieved person; or 
(d) appoint one or more receivers of such property on such t erms and 
conditions as it may deem fit. 
(2) An order under sub-section (1) may als o be passed by the special court 
against any third party to whom the property is sold in contravention of provisions of this 
Act or held benami by respondent in the name of an ostensible owner. 
13.  Transfer of pending cases. (1) On the commencement of this Act: 
(a) all petitions, suits, execution petitions and al l other proceedings pending in 
any other court, in which overseas Pakistani is a party, sha ll stand 
transferred to the special court and on tran sfer of the  cases, the sp ecial 
court may proceed with t he cases from the stage at which it was pending; 
and 
(b) all appeals, revisions, in which any or all the parties are overseas 
Pakistanis, pending before any court after the comm encement of this Act, 
shall stand transferred to special bench or benches of the concerned High 
Court for adjudication. 
14.  Application of fines and costs. (1) A special court may direct that the whole or 
part of any fine or costs imposed under this Act shall be applied in or towards: 
(a) payment of costs of all o r any proceedings under this Act  to the aggrieved 
person; and 
(b) payment of compensation to overseas Pakistanis. 
(2) An order under sub -section (1) shall be deemed to be a decree pa ssed 
under this Act for purposes of execution. 
15. Restriction on transfer of property . After publication of notices under sub -
section (1) of section 6, no respondent shall transfer, alienate, encumber, remove or part 
with possession of p roperty pending final decision of the suit or petition filed by the 
petitioner under this Act and any such transfer, alienation, encumbrance or other 
disposition by the respondent in violatio n of this section shall be void and of no legal 
effect. 
16. Application of the Limitation Act, 1908 (Act IX of 1908) . Save as otherwise 
provided in this Act, the provisions of the Limitation  Act, 1908 (IX of 1908) shall apply to 
all cases instituted or filed in special court after coming into force of the this Act.   
17. Powers of special court . (1) Subject to the provisions of this Act, the special 
court shall in exercise of its civil jurisdiction have all the powers vest ed in a civil court 
under the Code. 
(2) The special court in all matters with respect to which the procedure has not 
been provided for in this Act, follow the procedure laid down in the Code. 
(3) All proceedings before a special court shall be d eemed to be judicial 
proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code, 
(XLV of 1860) and sections 476 and 480 of the Code of Criminal Procedure, 1898 (V of 
1898). 
18. Finality of order . Subject to the provisions of section 10, no court or other 
authority shall revise or review or call or permit to be called into question any proceeding, 
 
judgment, decree or order of a special court or the legality or propriety of anything d one 
or intended to be done by the special court in exercise of its jurisdiction under this Act: 
Provided that the special co urt may on its ow n accord or on application of any 
party and with notice to the other party or, as the case may be, to both the parties, 
correct any clerical or typographical mistake in any judgment, decree or order passed by 
it. 
19. Registrar. (1) A senior civil judge or any o ther officer so designated shall be 
posted as registrar of the special court. 
(2) The registrar shall be responsible for performance of functions that may be 
assigned to him by the Government in consultation with the Chief Justice of the Lahore 
High Court. 
20. Report. (1) The registrar shall prepare and present an annual report of the 
implementation of this Act to the committee which shall consist of: 
(a) a judge of the High Court to be nominated by th e Chief Justice of the 
Lahore High Court; 
(b) secretary of the d epartment to which business of the special  courts stands 
allocated or his nomin e not below the rank of a n additional Secretary or 
equivalent; 
(c) secretary of the d epartment to which business of overseas Pakistanis 
stands allocated or his nomine not below the rank of an additional secretary 
or equivalent; and 
(d) Commissioner, Overseas Pakistanis Foundation or his nomine. 
(2) The committee constituted under sub -section ( 1) may from time to time 
propose amendments in this Act. 
21. Power to make rules . The Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Act. 
22. Removal of difficulties . lf a difficulty arises in giving effect to any of the 
provisions of this Act, the Government may, by notification in official Gazette, make such 
provisions not inconsistent in with the provisions of this Act as it thinks fit for removing 
such difficulty. 
23. Act to override other laws. The provisions of this Act or any order or rule m ade 
thereunder shall have effect notwithstanding anything inconsistent therewith contained in 
any other law for the time being in force or in any instrument hav ing effect by virtue of 
any such law.