CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968

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THE CIVIL PROCEDURE (SPECIAL PROVISIONS) 
ORDINANCE, 1968 
(I of 1968) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Certain disputes to be adjudicated upon under this Ordinance. 
4. Constitution of and reference of dispute to a Tribunal. 
5. Composition of the Tribunal. 
6. Reference of question to a new Tribunal in certain cases. 
7. Quorum. 
8. Procedure before the Tribunal. 
9. Tribunal to have certain powers of a Civil Court. 
10. Action upon the report of the Tribunal. 
11. Appeal. 
12. Revision. 
13. Execution and enforcement of decree or order. 
14. Jurisdiction of Courts barred. 
15. Delegation. 
16. Power to make rules. 
17. Pending proceedings. 
18. Repeal. 
THE FIRST SCHEDULE 
THE SECOND SCHEDULE 
 
TEXT 
1
THE CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968 
(I of 1968) 
[12 June 1968] 
An 
Ordinance 
to provide for certain areas of West Pakistan special procedure for the adjudication 
of disputes on certain matters. 
Preamble.– WHEREAS it is necessary to provide for certain areas of West Pakistan  
special procedure for the adjudication of disputes on certain matters to meet the 
special requirements of those areas; 
 AND WHEREAS the Provincial Assembly of  West Pakistan is not in session 
and the Governor of West Pakistan is satisfied that circumstances exist which render 
immediate legislation necessary; 
 NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) 
of Article 79 of the Constituti on, the Governor of West Pakistan is pleased to make 
and promulgate the following Ordinance:– 
1. Short title, extent and commencement .– (1) This Ordinance may be called 
the Civil Procedure (Special Provisions) Ordinance, 1968. 
 (2) It extends to the areas specified in the First Schedule. 
 (3) Government may, by notification in the official Gazette, di rect that this 
Ordinance shall, on such date as may be specified in the notification, cease to be in 
force in any area in which it is in force and, upon its so  ceasing to be in force in any 
area, shall be deemed to have been repealed. 
2. Definitions.– In t his Ordinance, unless there is anything repugnant in the 
subject or context– 
(a) “Commissioner” means the Chief Officer -in-Charge of the Revenue 
Administration of a Division, and includes any other officer who is 
specially empowered by Government to exerci se the powers of a 
Commissioner under this Ordinance; 
(b) “Deputy Commissioner” includes any officer exercising or performing 
any power or function of a Deputy Commissioner under this Ordinance; 
(c) “Government” means the 
2
[Provincial Government]; 
(d) “Tribunal” means a Tribunal constituted under this Ordinance. 
 
1This Ordinance was promulgated by the Governor o f West Pakistan on January  16, 1968 having been approved by the Provincial 
Assembly of West Pakistan with amendments on May 17, 1968 under clause (3) of Article 79 of the Constitution of the Islamic Republic 
of Pakistan (1962); assented to by the Governor of West Pakistan on June  11, 1968; published in the Gazette of West Pakistan 
(Extraordinary), dated June 12, 1968, pp. 2155-A-2155-E. 
2Substituted for the words “Government of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975) (w.e.f. August 1, 
1974), published in the Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-466, Article 2(1) read with Schedule. 
3. Certain disputes to be adjudicated upon under this Ordinance .– (1) 
Notwithstanding anything contai ned in any other law for the time being in force, all 
disputes of a civil nature, other than any dispute to be determined in accordance with 
the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), or the 
Conciliation Courts Ordinance, 1961  (XLIV of 1961), shall be adjudicated upon in 
accordance with the provisions of this Ordinance: 
 Provided that the provisions of this Ordinance shall not apply to a dispute 
arising in or relating to any area specified in the Second Schedule, unless all the  
parties to such dispute make an application in writing to the Deputy Commissioner 
that such dispute be adjudicated upon in accordance with this Ordinance. 
 (2) Except as otherwise provided in this Ordinance, the provisions of the 
Evidence Act, 1872 ( I of 1872), and the Code of Civil Procedure, 1908 (V of 1908), 
shall not apply to any proceedings under this Ordinance. 
4. Constitution of and reference of dispute to a Tribunal .– (1) Where any 
party to a dispute which is required to be adjudicated upon in acco rdance with the 
provisions of this Ordinance, not being a dispute arising in or relating to any a rea 
specified in the Second Schedule, makes, or all parties to such dispute arising in or 
relating to any area specified in the Second Schedule, make, an application in writing 
to the Deputy Commissioner, for the adjudication or settlement of such dispute,  the 
Deputy Commissioner shall constitute a Tribunal in accordance with section 5, and 
by order in writing, refer the dispute to the Tribunal for a finding on such matters or 
issues as may be specified in the order. 
 (2) A dispute shall not be referred to a Tribunal if a civil suit in respect 
thereof would be barred by the provisions of the Limitation Act, 1908 (IX of 1908). 
 (3) An application under sub -section (1) for the adjudication of a dispute 
shall be made– 
(a) in the case of a dispute relating to im movable property, to the Deputy 
Commissioner within whose jurisdiction such property is situate; 
provided that where the property is situated within the jurisd iction of 
different Deputy Commissioners, it may be made to any one of the 
Deputy Commissioners w ithin the local limits of whose jurisdiction any 
portion of the property is situate; and 
(b) in the case of a dispute relating to any other matter, to the Depu ty 
Commissioner within the local limits of whose jurisdiction the cause of 
action arose. 
5. Composition of the Tribunal .– (1) A Tribunal constituted for the  purpose of 
section 4 shall consist of a Government official, not below the rank of Naib -Tehsildar, 
who shall be its President, and four other members, all to be appointed by the 
Deputy Commissioner. 
 (2) In appointing a person as a member, other than the President, the 
Deputy Commissioner shall have regard to the integrity, education, social status and 
representative character of such person. 
 (3) No person shall be appointed as a member of the Tr ibunal, other than 
the President, except after giving the parties concerned an opportunity of being 
heard and considering their objections, if any, to the appointment of such person. 
6. Reference of question to a new Tribunal in certain cases .– (1) Where a  
Tribunal declines or fails to give a finding on any matter or issue referred to it, or 
misconducts itself, or where, by reason of the death or illness or absen ce from the 
country of any member, or for any other sufficient cause, the Tribunal is, in the 
opinion of the Deputy Commissioner, unable to perform its functions, the Deputy 
Commissioner shall, unless he proceeds in accordance with sub -section (2), by 
order in writing, stating the reasons therefor, constitute another Tribunal in 
accordance with secti on 5 and refer the matter or issue to the Tribunal so 
constituted. 
 (2) If any member of the Tribunal dies, refuses to act, becomes 
incapacitated from acting, or fails to attend any two meetings of the Tribunal, without 
sufficient cause to the satisfaction  of the President of the Tribunal, the President 
shall refer the matter to the Deputy Commissioner, who shall, as soon as may be, 
appoint another member in plac e of the defaulting member in accordance with the 
provisions of sub-sections (2) and (3) of section 5. 
7. Quorum.– The Tribunal shall not conduct any proceedings unless the 
President and at least two other members are present. 
8. Procedure before the Tribu nal.– (1) For the purpose of coming to a finding 
on a matter or issue referred to it, the Tribun al shall give opportunity to the parties to 
appear before it and take or hear, in such manner as it may think fit, such evidence 
as may be adduced on behalf of the parties or as may be called for by the Tribunal: 
 Provided that the Tribunal  may, for reason s to be recorded, refuse to take or 
hear any evidence which in its opinion is being tendered for the purpose of causing 
vexation or delay or for defeating the ends of justice: 
 Provided further that the provisions of sections 121 to 126 of the Evidence 
Act, 1872 (I of 1872), shall apply to any proceedings before a Tribunal as they apply 
to proceedings before a Judge or a Magistrate. 
 (2) The Tribunal shall give t he parties an opportunity of cross -examining 
the witnesses deposing against them. 
 (3) The Tribunal may administer oath to a witness in such form or manner, 
consistently with the religion of the witness, as it deems fit. 
 (4) In proceedings under this Ordi nance, the parties to a dispute shall be 
entitled to be represented and defended by legal practitioners of their choice. 
 (5) Rules may be framed, not inconsistent with the provisions of this 
Ordinance, prescribing the procedure to be followed by the Tribu nal for the purposes 
of the performance of its functions under this Ordinance. 
9. Tribunal to ha ve certain powers of a Civil Court .– For the purpose of the 
performance of its functions under this Ordinance, the Tribunal shall have the same 
powers as are vested in a Civil Court trying a suit under the Code of Civil Procedure, 
1908 (V of 1908), in resp ect of enforcing attendance of any witness or production of 
any document or other thing. 
10. Action upon the report of the Tribunal.– (1) The finding of the Tribunal on a 
matter or issue referred to it under section 4 shall be given in accordance with law, or 
the custom or usage having the force of law, and shall be submitted to the Deputy 
Commissioner in the form of a report containing reasons for such finding. 
 (2) Upon receipt of a report of the Tribunal, the Deputy Commissioner 
may, if the report does n ot give a finding on any matter or issue referred to the 
Tribunal or any substantial part thereof, or if he is of opinion that there has been 
material irregularity or that the proceedings of the Tribunal have been so conducted 
as to occasion a miscarriage of justice, remand the matter or issue to the Tribunal or 
refer the matter or issue to a Second Tribunal constituted in accordance with section 
5. 
 (3) Where the finding of the Tribunal on the matter or issue referred to it is 
unanimous or by a majority of  its members and the Deputy Commissioner does not 
proceed under sub -section (2), he shall decide the dispute and pass a decree in 
accordance with such finding. 
11. Appeal.– (1) Any party aggrieved by any decision given, decree passed or 
order made, by the Deputy Commissioner under this Ordinance may, within sixty 
days of such decision, decree or order, prefer an appeal to the Commissioner. 
Explanation.– In computing the period of sixty days mentioned in this sub -section, 
the day on which the decision, decre e or order sought to be appealed against was 
given, passed or made, and the time requisite for obtaining a copy thereof, shall be 
excluded. 
 (2) The Commissione r shall not confirm, modify, alter or set aside any 
decision, decree or order appealed against e xcept after giving the parties an 
opportunity of being heard. 
 (3) The Commissioner may, in deciding an appeal under sub -section (1), 
exercise all or any of the  powers conferred on an Appellate Court by the Code of 
Civil Procedure, 1908 (V of 1908). 
 (4) Subject to the provisions of this Ordinance, the decision of the 
Commissioner on an appeal under this section shall be final. 
12. Revision.– (1) Government may, within ninety days of any order passed by 
the Commissioner on an appeal, either of its own motio n or on the application of any 
party to a dispute, call for and examine the record of any appeal disposed of by the 
Commissioner, for the purpose of satisfying itself as to the correctness, legality or 
propriety of any decision, decree or order given, pass ed or made under this 
Ordinance, or as to the regularity of any proceedings thereunder and may, when 
calling for such record, direct that the execution of the d ecree or order in question be 
suspended pending the examination of the record: 
 Provided that no thing herein contained shall be deemed to authorise 
Government to vary or set aside a finding of a Tribunal on a question of fact where 
such finding has been ac cepted by the Commissioner unless it is of opinion that 
there has been a material irregularity o r defect in the proceedings or that the 
proceedings have been so conducted as to occasion a miscarriage of justice. 
 (2) Government may, after examining any rec ord called for under sub -
section (1) and giving the parties an opportunity of being heard, pass such orders as 
it may think fit. 
13. Execution and enforcement of decree or order .– (1) Subject to the 
provisions of this Ordinance, a decree or order passed by  the Deputy Commissioner 
shall have the same force and effect as if it were a decree or order pa ssed by a 
competent Civil Court and shall be enforced by the Deputy Commissioner in the 
same manner as such decree or order would have been enforced by such Civ il 
Court. 
 (2) Every order made by the Commissioner in the exercise of his powers 
under section 11 or by Government in the exercise of its powers under section 12, 
shall be enforced as if it were an order of the Deputy Commissioner, and the Deputy 
Commissioner shall do all acts and things necessary to give effect thereto. 
14. Jurisdiction of Courts b arred.– Except as otherwise provided in this 
Ordinance, no proceeding under this Ordinance, and no decision given, decree 
passed or order made, in any such proc eeding shall be called in question in any 
Court or before any other authority. 
15. Delegation.– The Deputy Commissioner may authorise any officer not below 
the rank of an Extra Assistant Commissioner to exercise or perform all or any of his 
powers or functions under this Ordinance, and may specify the areas within which, or 
the class of cases in respect of which, such powers may be exercised. 
16. Power to make rules .– Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance. 
17. Pending proceedings .– Nothing in this Ordinance shall affect any 
proceedings relating to any dispute pending in or before any Court or other authority 
immediately before the commencement of this Ordinance, and such proceeding s 
shall be continued and disposed of as if this Ordinance had not come into force. 
18. Repeal.– The Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 
(West Pakistan Ordinance No. III of 1965), in so far as it relates to the adjudication 
and settlement of civil disputes, is hereby repealed. 
THE FIRST SCHEDULE 
[See section 1(2)] 
1. The Division of Quetta except the Tribal Areas. 
2. The Added Areas of Hazara District specified in the First Schedule to the 
North-West Frontier Province (Enlargement of t he Area and Alteration of 
Boundary) Order, 1952 (G.G.O. No. 1 of 1952). 
3. The Added Areas of Ma rdan District specified in Schedule A to the North -
West Frontier Province (Increase of Area and Alteration of Boundary) Order, 
1953 (G.G.O. No. 7 of 1953). 
4. The Added Areas of Hazara District specified in the First Schedule to the 
North-West Frontier Pro vince (Enlargement of the Area and Alteration of 
Boundary) Order, 1955 (G.G.O. No. 13 of 1955). 
5. The former Excluded Areas of Upper Tanawal and the Baluch Are a of Dera 
Ghazi Khan specified in the Schedule to the Excluded Areas (Cesser of 
Exclusion) (West Pakistan) Order, 1961 (P.O. No. 3 of 1961). 
THE SECOND SCHEDULE 
[See section 3(1)] 
District Tehsil Area 
1. Sibi District (i) Sibi 
(ii)
 Shari
g 
1. Sibi town ex cepting Gullu Shahr, Kurk and 
Khajjak villages but including all the railway 
quarters on the Wes t side of the Railway line 
in Sibi, the Military Supply Depot, Public 
Works Department inspection bungalow and 
office and quarters. 
2. Ziarat. 
3. Harnai. 
2. Loralai District Duki The whole of Duki Tehsil. 
3. Chagai District Nushki Nushki Town 
4. Quetta-Pishin 
District. 
Quetta 1. Quetta City and Cantonment. 
2. Quetta Saddar– 
The following Mauzas, etc., of the Quetta 
Tehsil, exclusive of the area lying within th e 
limits of the Police Stations of Quetta City, 
Quetta Cantonment and Quetta Railways:– 
(i) The entire area with appurtenant mahals 
and killis of mauza Sirki, Khushkaba 
Shaldaras Kansi, Trikha Kamsi, Shebo and 
Kotwal. 
(ii) Mahal Karez Lwar and Killi Lwar i n Mauza 
Ahmad Khanzai. 
(iii) Mahals Karez Sultan and Karez Khair Ullah 
with their Killis in Mauza Karez at Beleli. 
(iv) The Military Camp at Beleli. 
(v) The area of the Beleli Spur comprising the 
area inhabited and used for any purpose by 
Hindustan Construction Company, Limited. 
(vi) Baluchistan Textile Mills Sariab. 
  Pishin (i) Pishin Town. 
(ii) Bostan Bazar. 
  Chaman Chaman Cantonment and Town. All Railway 
Stations and lines in Quetta-Pishin District.