{ "schema_version": "qanun-law-text/1", "id": "punjab-code-c9a900fd780d7ee6", "title": "PUNJAB ESTABLISHMENT OF SPECIAL COURTS (OVERSEAS PAKISTANIS PROPERTY) ACT 2025", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGBTZAo6WmlUPA--", "version": null, "source_snapshot": "2026-08-06T16:55:04Z", "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": "ce4e29070e78b7dd58ef01929ba47eba974e10655aa95ed680866401e58d67bd", "source_sha256": "ce4e29070e78b7dd58ef01929ba47eba974e10655aa95ed680866401e58d67bd", "text_version_id": "law:punjab-code-c9a900fd780d7ee6:sha256:ce4e29070e78b7dd58ef01929ba47eba974e10655aa95ed680866401e58d67bd", "quality_flags": [], "encoding": "UTF-8", "text": "PUNJAB ESTABLISHMENT OF SPECIAL COURTS \r\n(OVERSEAS PAKISTANIS PROPERTY) ACT 2025 \r\n(IX of 2025) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of special court, etc. \r\n4. Filing of petition \r\n5. E-filing of petitions, etc. \r\n6. Notice to appear and consequences of non-appearance \r\n7. Leave to defend \r\n8. Recording of evidence \r\n9. Period for disposal of petition \r\n10. Appeal \r\n11. Execution of decree \r\n12. Attachment before judgment, injunction or appointment of receivers \r\n13. Transfer of pending cases \r\n14. Application of fines and costs \r\n15. Restriction on transfer of property \r\n16. Application of the Limitation Act, 1908 (Act IX of 1908) \r\n17. Powers of special court \r\n18. Finality of order \r\n19. Registrar \r\n20. Report \r\n21. Power to make rules \r\n22. Removal of difficulties \r\n23. Act to override other laws \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nPUNJAB ESTABLISHMENT OF SPECIAL COURTS (OVERSEAS PAKISTANIS \r\nPROPERTY) ACT 2025 \r\n(IX of 2025) \r\n[29th January, 2025] \r\nAn \r\nAct \r\nto establish special courts for adjudication of petition in respect of immovable properties \r\nof overseas Pakistanis. \r\nIt is necessary to establish special courts in order to secure and provide for protection of \r\nrights of o wnership a nd possession in respect of immovable properti es of overseas \r\nPakistanis and for matters connected therewith and incidental thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title , extent and commencement . (1) This Act may be cited as the \r\nPunjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions. In this Act: \r\n(a) “code” means the Code of Civil Procedure, 1908 (V of 1908); \r\n(b) “Government” means Government of the Punjab; \r\n(c) “Overseas Pakistani ” means any perso n holding a Pakistani passport, \r\ncomputerized national ide ntity card (CN IC), National Identity Card for \r\nOverseas Pakistanis (NICOP), Paki stan Origin C ard (POS) or Over seas \r\nPakistani Foundation (OPF) membership card proving his nationality and is \r\nliving, working or studying abroad permanently or temporarily for more than \r\none hundred and eighty two (182) days in a tax year; \r\n(d) “petitioner” for the purpose of filing petition before a special court, means \r\nthe overseas Pakistani or anyone authorized by him in his behalf; \r\n(e) “prescribed” means prescribed by rules; \r\n(f) “property” means immoveable property as defined in the Registration \r\nAct, 1908 (XVI of 1908); \r\n(g) “rules” means rules made under this Act; and \r\n(h) “special court” means the special cour t established or designated as such \r\nunder this Act. \r\n3. Establishment of special court, etc . (1) The Government may, by notification \r\nin the official Gazette, establish, in consultation with the Chief Justice of the Lahore High \r\nCourt, as many special courts in th e Punjab as it may deem necessary to try petitions \r\nfiled by overseas Pakistanis in relation to their immovable properties and where more \r\nthan one speci al court are established, the notification sh all specify jurisdiction of each \r\nsuch special court. \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 20 January 2025; and was assented to by Governor of the Punjab on \r\n29 January 2025; and was published in the Punjab Gazette (Extraordinary), dated: 29 January 2025, pp. 2711-2717. \r\n \r\n(2) The Government may, in consultation with the Chief Justice of the Lahore \r\nHigh Court, Lahore , appoint any per son as a judge of the special court who is or has \r\nbeen a district judge or an additional district judge or who is or has been an advocate of \r\nthe High Court for a period of not less than ten years and is no t more than sixty -five \r\nyears of age at the time of appointment as such judge. \r\n(3) In addition to or in lieu of establishment of the special court under sub -\r\nsection (1 ), the Government may, in consultation with the Chief Justice of the Lahore \r\nHigh Court, Lahore and by notification in the official Gazette desig nate in the Punjab as \r\nmany courts of district judge or additional district judges as special court as it may deem \r\nfit and where more than one special court ar e designated, the notification shall specify \r\njurisdiction of each such court. \r\n(4) A judge of the special court shall have the same powers and jurisdiction as \r\nvested in the court of district judge under the Code. \r\n(5) A judge of the special court shall be appointed for a period of three years \r\non such terms and conditions as may be determined by the Chief Justice of the Lahore \r\nHigh Court, Lahore. \r\n(6) A judge of the special court shall not be removed before the expiry of his \r\ntenure unless found guilty of misconduct. \r\n(7) The disciplinary proceedings against a judge of a special court shall be \r\nconducted in the same manner and under the same legal provisi on and rules as \r\nprescribed for a district and sessions judge in the Punjab. \r\n(8) During his tenure, a judge of a special court may be transferred to another \r\nspecial court within the Punjab by the Chief Justice of the Lahore High Court. \r\n4. Filing of petition . (1) A petition under this Act shall be filed in special court \r\nhaving the jurisdiction, in such manner as may be prescribed. \r\n (2) A petition under sub -section (1) shall contain a concise statement of facts \r\nwhich shall include status of ownership and unlawful possession or control of property, \r\nestimated market value of property, details of rent or profits received by person in \r\nunlawful possession or control of property, if any, and the relief claimed and such other \r\ninformation or documents as may be prescribed. \r\n (3) Notwithstanding anything contained in the Code or any other law for the \r\ntime being in force, all actions, disputes, petitions, suits, proceedings and matters \r\nconnected therewith in which one or more of the parties ar e overseas Pakistanis, shall \r\nbe heard and adjudicated exclusively by a special court. \r\n5. E-filing of petitions, etc. (1) The Lahore High Court shall make rules to enable \r\nfiling of petitions, responses, applications, hearing of parties including recording of \r\nevidence under this Act and all ma tter connected therewith or incidental thereto through \r\nelectronic means. \r\n (2) Subject to the provisions of Punjab Public Financial Management Act 2022 \r\nand to carry out purposes of this Act , there shall be maintained by designated officer or \r\nthe special court in the pres cribed manner , bank account for deposit of court fee and \r\nother charges manually or through modern devices including e-filing, etc. \r\n (3) There shall be maintained physical and electronic record of all the ca ses \r\nfiled and pending before the special Courts along with the details of the proceedings that \r\nhave taken place therein. \r\n6. Notice to appear and consequences of non -appearance. (1) The Special \r\nCourt shall issue notice to the respondents in the form as given in the Code for \r\n \r\nappearance on a date fixed no t later than ten d ays through process server, registered \r\npost acknowledgement due and courier service. \r\n (2) In addition to the service under sub-section (1), the special court shall order \r\nfor effecting service by: \r\n(a) affixing a copy of the no tice at some conspicuous part of the disposse ssed \r\nproperty or residence of the respondent in which he is known to have last \r\nresided or carries on business or personally works for gain; \r\n(b) any modern device including electronic or digital device of communication \r\nwhich may include mobile phone, telephone, telegram, phonogram, telex, \r\nfax, radio, television etc. in a prescribed manner; \r\n(c) urgent mail service or public courier services; \r\n(d) announcement through mosque, temple, community center, etc.; \r\n(e) publication in the press in the prescribed manner; or \r\n(f) any other manner or mode as it may think fit; \r\nProvided that the Special Court may order the use of all or any of the afor esaid \r\nmodes of service simultaneously. \r\n (3) If the respondent fails to appear, the special court may direct service again \r\nby a ny of t he modes mentioned in sub -section (2) to appear on a date not later than \r\nseven days. \r\n (4) If the respond ent fails to appear again, the special court may proceed ex-\r\nparte against the respondent and may pass any order under the law applicable thereto. \r\n (5) If an ex-parte order is passed against a respondent, the respondent may, \r\nwithin ten days from the date of k nowledge thereof, apply to the special court for setting \r\naside the ex-parte order along-with an application for leave to appear and defend. \r\n (6) If the respondent shows a sufficient cause for his non -appearance, the \r\nspecial court may set aside the ex-parte order on such terms as it may deem fit. \r\n7. Leave to defend . (1) A special court shall not allow respondent to defend the \r\napplication unless he obtains from this special court leave to defend. \r\n (2) Subject to other provisions of this Act, a respondent sha ll file an application \r\nfor leave to defend within fifteen days , in default of which, the allegations of fact in the \r\npetition shall be deemed to have been admitted and the special c ourt may pass the \r\njudgment and decree in favour of the petitioner. \r\n (3) The application for l eave to defend shall be in the form of a written \r\nstatement containing a summary of substantial questions of law as well as facts in \r\nrespect of which, in the opinion of the respondent, evidence needs to be recorded. \r\n (4) The application for leave to defend shall be accompanied by an affidavit of \r\nthe respondent, copy of all relevant documents in possession or power and affidavits of \r\nnot more than two witnesses which, in the opinion of the respondent , support the \r\nquestion of law and facts raised by him. \r\n (5) An application for leave to defend which do es not comply with the \r\nrequirements of sub -section (4) shall be rejected, unless the respondent discloses \r\nsufficient cause for his inability to comply with any such requirement. \r\n (6) The petitioner may file a reply to the application for leave to defend. \r\n (7) The special court shall grant the respondent leave to defend if on \r\nconsideration of c ontents of the petition, application for l eave to defend and its reply \r\n \r\nthereto it is of the view that substantial questions of law or facts have been raised in \r\nrespect of which evidence needs recording. \r\n (8) The special court shall decide the application for leave to defend within a \r\nperiod of fifteen days from the date of its filing. \r\n (9) In granting leave under sub-section (7), the Special court may impose such \r\nconditions as it may deem appropriate in circumstances of the case , including furnishing \r\nof security which shall not be less than ten percent of estimated market value of property \r\nof overseas Pakistani prevailing at that time. \r\n (10) If leave to defend is granted the special cour t shall treat the application for \r\nleave to defend as a defence of respondent and in its order granting leave it shall fr ame \r\nissues relating to substantial questio ns of law or facts and, subject to fulfill ment of any \r\nconditions attached to gra nt of leave, fix a d ate for recording of evidence thereon and \r\ndisposal of the proceedings. \r\n (11) Where the application for leave to defend is rejected or where a respondent \r\nfails to fulfill conditions attached to the grant of leave to defend, the special court shall \r\nproceed to pass judgment and decree against the respondent. \r\n8. Recording of evidence. (1) The special court shall direct the party concerned to \r\nproduce its evidence on a date fixed. \r\n(2) The special court shall treat an affidavi t filed by a party as examination-in-\r\nchief and: \r\n(a) may, of its own motion , order attendance of the deponent for cr oss \r\nexamination; and \r\n(b) shall, if so r equested by a party, direct production of the d ependent for \r\ncross-examination. \r\n (3) The special court sha ll not grant more than two opportunities to a party for \r\nproduction of the evidence. \r\n(4) The special court shall not grant an adjournment for cross examination of a \r\nwitness except for a sufficient cause and on payment of the costs to the witness as it \r\nmay deem fit. \r\n(5) A special c ourt, on request of an overse as Pakistani litigant, shall make \r\narrangements to enable the litigant to participate in the court proceedings through video \r\nlink. \r\n(6) A special c ourt sha ll allow eviden ce of an overseas litigant or a witness \r\nthrough the concerned high commissioner, embassy or consulate, as the case may be \r\nby use of video linkor legally acceptable mode: \r\nProvided that such evidence shall be recorded under supervision of an official of the \r\nconcerned high commission, etc. especially notified for this purpose. \r\n (7) A special court shall enable that cause list and short orders of such cases \r\nto be uploaded on the web portal especially established for this purpose. \r\n(8) After recording evidence of the parties, if any, and hearing the arguments, \r\nthe special court shall pass the judgment and decree. \r\n9. Period for disposal of petiti on. (1) The special court shall pass a judgment as \r\nexpeditiously as possible but not later than ninety days from the date of grant of \r\napplication for leave to defend. \r\n (2) In case the p roceedings are not completed within ninety day s, the \r\nrespondent may be required to furnish security in such amount as the special court \r\n \r\ndeems fit, and on failure of the respondent to furnish security the special court shall pass \r\njudgment. \r\n (3) The requirement of furnishing security under sub -section (2) shall be \r\ndispensed with, if in opinion of the special court on appreciation of material available on \r\nrecord, the delay is not attributable to conduct of the respondent. \r\n (4) At any time during the course of proceedings, the special court shall not \r\nallow adjournment for more than seven days. \r\n (5) The special court if it deems necessary for expeditious disposal of the suit \r\nor petition, for reasons to be recorded in writing, shall on its own motion have the power \r\nto summon official record maintained by the public authorities in respect of any matter \r\nconnected with or arising from the subject matter of the suit or petition. \r\n10. Appeal. (1) Any person aggrieved by a judgment, decree or final order of the \r\nspecial court may, within fifteen days, prefer an appeal to the High Court. \r\n(2) The admission of appeal shall not be deemed to suspend operation of \r\njudgment, decree or final order unless a notice has been served on the decree holder. \r\n(3) The High Court shall decide an appeal within a period of ninety days from \r\nthe date of its filing. \r\n(4) An appeal may be preferred under this section from a decree passed ex-\r\nparte. \r\n(5) No appeal, review or revision shall lie against an order accepting or \r\nrejecting an application for leave to defend or any interlocutory order of the special court \r\nwhich does not dispose of the entire proceedings before the special court. \r\n(6) Any order for stay of execution of decree in appeal shall automatically \r\nlapse on expiry of two months from date of such order. \r\n11. Execution of decree. (1) Notwithstanding anything contained in any other law for \r\nthe time being in force, upon iss uance of decree by a special cour t, the suit shall \r\nautomatically stand converted into execution proceedings without the need to file \r\nseparate application and the case sha ll be heard by the special court for execution of its \r\ndecree on the expiry of fifteen days from the date of issuance of decree or order. \r\n(2) The decree of the special court shall be executed in accordance with the \r\nprovisions of the Code or any other law for the time being in force or in such manner as \r\nthe special court may at request of the decree holder may consider appropriate. \r\n(3) The special court shall be entitled to seek services and assistance of the \r\npolice or any law enforcement agency in exercise of powers conferred by this section. \r\n(4) Notwithstanding anything confined in the Code or any other law , for the \r\ntime being in force, if the claim or objections are found by the special court to be mala-\r\nfide or filed merely to delay the execution process the special court shall impose such \r\npenalty as it deems fit in facts and circumstances of the justice. \r\n12. Attachment before judgment, injunction or appoin tment of receivers. (1) \r\nThe special courts may, on its own or on an application, by the petitioners, with a view to \r\npreventing property from being transferred, alienated , encumbered, wasted or otherwise \r\ndealt with in a manner which is likely to impair or prejudice the rights of overseas \r\nPakistanis, or otherwise in the interest of justice: \r\n(a) restrain the respondent or others from transferring, a lienating, parting with \r\npossession or otherwise encumbering, charging, disposing of or dealing \r\nwith the property in any manner; \r\n \r\n(b) attach such property; \r\n(c) transfer possession of such property to the aggrieved person; or \r\n(d) appoint one or more receivers of such property on such t erms and \r\nconditions as it may deem fit. \r\n(2) An order under sub-section (1) may als o be passed by the special court \r\nagainst any third party to whom the property is sold in contravention of provisions of this \r\nAct or held benami by respondent in the name of an ostensible owner. \r\n13. Transfer of pending cases. (1) On the commencement of this Act: \r\n(a) all petitions, suits, execution petitions and al l other proceedings pending in \r\nany other court, in which overseas Pakistani is a party, sha ll stand \r\ntransferred to the special court and on tran sfer of the cases, the sp ecial \r\ncourt may proceed with t he cases from the stage at which it was pending; \r\nand \r\n(b) all appeals, revisions, in which any or all the parties are overseas \r\nPakistanis, pending before any court after the comm encement of this Act, \r\nshall stand transferred to special bench or benches of the concerned High \r\nCourt for adjudication. \r\n14. Application of fines and costs. (1) A special court may direct that the whole or \r\npart of any fine or costs imposed under this Act shall be applied in or towards: \r\n(a) payment of costs of all o r any proceedings under this Act to the aggrieved \r\nperson; and \r\n(b) payment of compensation to overseas Pakistanis. \r\n(2) An order under sub -section (1) shall be deemed to be a decree pa ssed \r\nunder this Act for purposes of execution. \r\n15. Restriction on transfer of property . After publication of notices under sub -\r\nsection (1) of section 6, no respondent shall transfer, alienate, encumber, remove or part \r\nwith possession of p roperty pending final decision of the suit or petition filed by the \r\npetitioner under this Act and any such transfer, alienation, encumbrance or other \r\ndisposition by the respondent in violatio n of this section shall be void and of no legal \r\neffect. \r\n16. Application of the Limitation Act, 1908 (Act IX of 1908) . Save as otherwise \r\nprovided in this Act, the provisions of the Limitation Act, 1908 (IX of 1908) shall apply to \r\nall cases instituted or filed in special court after coming into force of the this Act. \r\n17. Powers of special court . (1) Subject to the provisions of this Act, the special \r\ncourt shall in exercise of its civil jurisdiction have all the powers vest ed in a civil court \r\nunder the Code. \r\n(2) The special court in all matters with respect to which the procedure has not \r\nbeen provided for in this Act, follow the procedure laid down in the Code. \r\n(3) All proceedings before a special court shall be d eemed to be judicial \r\nproceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code, \r\n(XLV of 1860) and sections 476 and 480 of the Code of Criminal Procedure, 1898 (V of \r\n1898). \r\n18. Finality of order . Subject to the provisions of section 10, no court or other \r\nauthority shall revise or review or call or permit to be called into question any proceeding, \r\n \r\njudgment, decree or order of a special court or the legality or propriety of anything d one \r\nor intended to be done by the special court in exercise of its jurisdiction under this Act: \r\nProvided that the special co urt may on its ow n accord or on application of any \r\nparty and with notice to the other party or, as the case may be, to both the parties, \r\ncorrect any clerical or typographical mistake in any judgment, decree or order passed by \r\nit. \r\n19. Registrar. (1) A senior civil judge or any o ther officer so designated shall be \r\nposted as registrar of the special court. \r\n(2) The registrar shall be responsible for performance of functions that may be \r\nassigned to him by the Government in consultation with the Chief Justice of the Lahore \r\nHigh Court. \r\n20. Report. (1) The registrar shall prepare and present an annual report of the \r\nimplementation of this Act to the committee which shall consist of: \r\n(a) a judge of the High Court to be nominated by th e Chief Justice of the \r\nLahore High Court; \r\n(b) secretary of the d epartment to which business of the special courts stands \r\nallocated or his nomin e not below the rank of a n additional Secretary or \r\nequivalent; \r\n(c) secretary of the d epartment to which business of overseas Pakistanis \r\nstands allocated or his nomine not below the rank of an additional secretary \r\nor equivalent; and \r\n(d) Commissioner, Overseas Pakistanis Foundation or his nomine. \r\n(2) The committee constituted under sub -section ( 1) may from time to time \r\npropose amendments in this Act. \r\n21. Power to make rules . The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n22. Removal of difficulties . lf a difficulty arises in giving effect to any of the \r\nprovisions of this Act, the Government may, by notification in official Gazette, make such \r\nprovisions not inconsistent in with the provisions of this Act as it thinks fit for removing \r\nsuch difficulty. \r\n23. Act to override other laws. The provisions of this Act or any order or rule m ade \r\nthereunder shall have effect notwithstanding anything inconsistent therewith contained in \r\nany other law for the time being in force or in any instrument hav ing effect by virtue of \r\nany such law.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-c9a900fd780d7ee6:sha256:ce4e29070e78b7dd58ef01929ba47eba974e10655aa95ed680866401e58d67bd:chars-0-1744:33723d8d931fac0028b5aaeb8c08c26087fb5c8e83daf9595e00aeceb6dc84f0", "character_start": 0, "character_end": 1744, "utf8_byte_start": 0, "utf8_byte_end": 1748, "passage_sha256": "33723d8d931fac0028b5aaeb8c08c26087fb5c8e83daf9595e00aeceb6dc84f0", "reader_fragment": "p-0-1744-33723d8d931fac00" }, { "passage_id": 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