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  "title": "CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968",
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  "text": "THE CIVIL PROCEDURE (SPECIAL PROVISIONS) \r\nORDINANCE, 1968 \r\n(I of 1968) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Certain disputes to be adjudicated upon under this Ordinance. \r\n4. Constitution of and reference of dispute to a Tribunal. \r\n5. Composition of the Tribunal. \r\n6. Reference of question to a new Tribunal in certain cases. \r\n7. Quorum. \r\n8. Procedure before the Tribunal. \r\n9. Tribunal to have certain powers of a Civil Court. \r\n10. Action upon the report of the Tribunal. \r\n11. Appeal. \r\n12. Revision. \r\n13. Execution and enforcement of decree or order. \r\n14. Jurisdiction of Courts barred. \r\n15. Delegation. \r\n16. Power to make rules. \r\n17. Pending proceedings. \r\n18. Repeal. \r\nTHE FIRST SCHEDULE \r\nTHE SECOND SCHEDULE \r\n \r\nTEXT \r\n1\r\nTHE CIVIL PROCEDURE (SPECIAL PROVISIONS) ORDINANCE, 1968 \r\n(I of 1968) \r\n[12 June 1968] \r\nAn \r\nOrdinance \r\nto provide for certain areas of West Pakistan special procedure for the adjudication \r\nof disputes on certain matters. \r\nPreamble.– WHEREAS it is necessary to provide for certain areas of West Pakistan  \r\nspecial procedure for the adjudication of disputes on certain matters to meet the \r\nspecial requirements of those areas; \r\n AND WHEREAS the Provincial Assembly of  West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate legislation necessary; \r\n NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) \r\nof Article 79 of the Constituti on, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Civil Procedure (Special Provisions) Ordinance, 1968. \r\n (2) It extends to the areas specified in the First Schedule. \r\n (3) Government may, by notification in the official Gazette, di rect that this \r\nOrdinance shall, on such date as may be specified in the notification, cease to be in \r\nforce in any area in which it is in force and, upon its so  ceasing to be in force in any \r\narea, shall be deemed to have been repealed. \r\n2. Definitions.– In t his Ordinance, unless there is anything repugnant in the \r\nsubject or context– \r\n(a) “Commissioner” means the Chief Officer -in-Charge of the Revenue \r\nAdministration of a Division, and includes any other officer who is \r\nspecially empowered by Government to exerci se the powers of a \r\nCommissioner under this Ordinance; \r\n(b) “Deputy Commissioner” includes any officer exercising or performing \r\nany power or function of a Deputy Commissioner under this Ordinance; \r\n(c) “Government” means the \r\n2\r\n[Provincial Government]; \r\n(d) “Tribunal” means a Tribunal constituted under this Ordinance. \r\n \r\n1This Ordinance was promulgated by the Governor o f West Pakistan on January  16, 1968 having been approved by the Provincial \r\nAssembly of West Pakistan with amendments on May 17, 1968 under clause (3) of Article 79 of the Constitution of the Islamic Republic \r\nof Pakistan (1962); assented to by the Governor of West Pakistan on June  11, 1968; published in the Gazette of West Pakistan \r\n(Extraordinary), dated June 12, 1968, pp. 2155-A-2155-E. \r\n2Substituted for the words “Government of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975) (w.e.f. August 1, \r\n1974), published in the Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-466, Article 2(1) read with Schedule. \r\n3. Certain disputes to be adjudicated upon under this Ordinance .– (1) \r\nNotwithstanding anything contai ned in any other law for the time being in force, all \r\ndisputes of a civil nature, other than any dispute to be determined in accordance with \r\nthe provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), or the \r\nConciliation Courts Ordinance, 1961  (XLIV of 1961), shall be adjudicated upon in \r\naccordance with the provisions of this Ordinance: \r\n Provided that the provisions of this Ordinance shall not apply to a dispute \r\narising in or relating to any area specified in the Second Schedule, unless all the  \r\nparties to such dispute make an application in writing to the Deputy Commissioner \r\nthat such dispute be adjudicated upon in accordance with this Ordinance. \r\n (2) Except as otherwise provided in this Ordinance, the provisions of the \r\nEvidence Act, 1872 ( I of 1872), and the Code of Civil Procedure, 1908 (V of 1908), \r\nshall not apply to any proceedings under this Ordinance. \r\n4. Constitution of and reference of dispute to a Tribunal .– (1) Where any \r\nparty to a dispute which is required to be adjudicated upon in acco rdance with the \r\nprovisions of this Ordinance, not being a dispute arising in or relating to any a rea \r\nspecified in the Second Schedule, makes, or all parties to such dispute arising in or \r\nrelating to any area specified in the Second Schedule, make, an application in writing \r\nto the Deputy Commissioner, for the adjudication or settlement of such dispute,  the \r\nDeputy Commissioner shall constitute a Tribunal in accordance with section 5, and \r\nby order in writing, refer the dispute to the Tribunal for a finding on such matters or \r\nissues as may be specified in the order. \r\n (2) A dispute shall not be referred to a Tribunal if a civil suit in respect \r\nthereof would be barred by the provisions of the Limitation Act, 1908 (IX of 1908). \r\n (3) An application under sub -section (1) for the adjudication of a dispute \r\nshall be made– \r\n(a) in the case of a dispute relating to im movable property, to the Deputy \r\nCommissioner within whose jurisdiction such property is situate; \r\nprovided that where the property is situated within the jurisd iction of \r\ndifferent Deputy Commissioners, it may be made to any one of the \r\nDeputy Commissioners w ithin the local limits of whose jurisdiction any \r\nportion of the property is situate; and \r\n(b) in the case of a dispute relating to any other matter, to the Depu ty \r\nCommissioner within the local limits of whose jurisdiction the cause of \r\naction arose. \r\n5. Composition of the Tribunal .– (1) A Tribunal constituted for the  purpose of \r\nsection 4 shall consist of a Government official, not below the rank of Naib -Tehsildar, \r\nwho shall be its President, and four other members, all to be appointed by the \r\nDeputy Commissioner. \r\n (2) In appointing a person as a member, other than the President, the \r\nDeputy Commissioner shall have regard to the integrity, education, social status and \r\nrepresentative character of such person. \r\n (3) No person shall be appointed as a member of the Tr ibunal, other than \r\nthe President, except after giving the parties concerned an opportunity of being \r\nheard and considering their objections, if any, to the appointment of such person. \r\n6. Reference of question to a new Tribunal in certain cases .– (1) Where a  \r\nTribunal declines or fails to give a finding on any matter or issue referred to it, or \r\nmisconducts itself, or where, by reason of the death or illness or absen ce from the \r\ncountry of any member, or for any other sufficient cause, the Tribunal is, in the \r\nopinion of the Deputy Commissioner, unable to perform its functions, the Deputy \r\nCommissioner shall, unless he proceeds in accordance with sub -section (2), by \r\norder in writing, stating the reasons therefor, constitute another Tribunal in \r\naccordance with secti on 5 and refer the matter or issue to the Tribunal so \r\nconstituted. \r\n (2) If any member of the Tribunal dies, refuses to act, becomes \r\nincapacitated from acting, or fails to attend any two meetings of the Tribunal, without \r\nsufficient cause to the satisfaction  of the President of the Tribunal, the President \r\nshall refer the matter to the Deputy Commissioner, who shall, as soon as may be, \r\nappoint another member in plac e of the defaulting member in accordance with the \r\nprovisions of sub-sections (2) and (3) of section 5. \r\n7. Quorum.– The Tribunal shall not conduct any proceedings unless the \r\nPresident and at least two other members are present. \r\n8. Procedure before the Tribu nal.– (1) For the purpose of coming to a finding \r\non a matter or issue referred to it, the Tribun al shall give opportunity to the parties to \r\nappear before it and take or hear, in such manner as it may think fit, such evidence \r\nas may be adduced on behalf of the parties or as may be called for by the Tribunal: \r\n Provided that the Tribunal  may, for reason s to be recorded, refuse to take or \r\nhear any evidence which in its opinion is being tendered for the purpose of causing \r\nvexation or delay or for defeating the ends of justice: \r\n Provided further that the provisions of sections 121 to 126 of the Evidence \r\nAct, 1872 (I of 1872), shall apply to any proceedings before a Tribunal as they apply \r\nto proceedings before a Judge or a Magistrate. \r\n (2) The Tribunal shall give t he parties an opportunity of cross -examining \r\nthe witnesses deposing against them. \r\n (3) The Tribunal may administer oath to a witness in such form or manner, \r\nconsistently with the religion of the witness, as it deems fit. \r\n (4) In proceedings under this Ordi nance, the parties to a dispute shall be \r\nentitled to be represented and defended by legal practitioners of their choice. \r\n (5) Rules may be framed, not inconsistent with the provisions of this \r\nOrdinance, prescribing the procedure to be followed by the Tribu nal for the purposes \r\nof the performance of its functions under this Ordinance. \r\n9. Tribunal to ha ve certain powers of a Civil Court .– For the purpose of the \r\nperformance of its functions under this Ordinance, the Tribunal shall have the same \r\npowers as are vested in a Civil Court trying a suit under the Code of Civil Procedure, \r\n1908 (V of 1908), in resp ect of enforcing attendance of any witness or production of \r\nany document or other thing. \r\n10. Action upon the report of the Tribunal.– (1) The finding of the Tribunal on a \r\nmatter or issue referred to it under section 4 shall be given in accordance with law, or \r\nthe custom or usage having the force of law, and shall be submitted to the Deputy \r\nCommissioner in the form of a report containing reasons for such finding. \r\n (2) Upon receipt of a report of the Tribunal, the Deputy Commissioner \r\nmay, if the report does n ot give a finding on any matter or issue referred to the \r\nTribunal or any substantial part thereof, or if he is of opinion that there has been \r\nmaterial irregularity or that the proceedings of the Tribunal have been so conducted \r\nas to occasion a miscarriage of justice, remand the matter or issue to the Tribunal or \r\nrefer the matter or issue to a Second Tribunal constituted in accordance with section \r\n5. \r\n (3) Where the finding of the Tribunal on the matter or issue referred to it is \r\nunanimous or by a majority of  its members and the Deputy Commissioner does not \r\nproceed under sub -section (2), he shall decide the dispute and pass a decree in \r\naccordance with such finding. \r\n11. Appeal.– (1) Any party aggrieved by any decision given, decree passed or \r\norder made, by the Deputy Commissioner under this Ordinance may, within sixty \r\ndays of such decision, decree or order, prefer an appeal to the Commissioner. \r\nExplanation.– In computing the period of sixty days mentioned in this sub -section, \r\nthe day on which the decision, decre e or order sought to be appealed against was \r\ngiven, passed or made, and the time requisite for obtaining a copy thereof, shall be \r\nexcluded. \r\n (2) The Commissione r shall not confirm, modify, alter or set aside any \r\ndecision, decree or order appealed against e xcept after giving the parties an \r\nopportunity of being heard. \r\n (3) The Commissioner may, in deciding an appeal under sub -section (1), \r\nexercise all or any of the  powers conferred on an Appellate Court by the Code of \r\nCivil Procedure, 1908 (V of 1908). \r\n (4) Subject to the provisions of this Ordinance, the decision of the \r\nCommissioner on an appeal under this section shall be final. \r\n12. Revision.– (1) Government may, within ninety days of any order passed by \r\nthe Commissioner on an appeal, either of its own motio n or on the application of any \r\nparty to a dispute, call for and examine the record of any appeal disposed of by the \r\nCommissioner, for the purpose of satisfying itself as to the correctness, legality or \r\npropriety of any decision, decree or order given, pass ed or made under this \r\nOrdinance, or as to the regularity of any proceedings thereunder and may, when \r\ncalling for such record, direct that the execution of the d ecree or order in question be \r\nsuspended pending the examination of the record: \r\n Provided that no thing herein contained shall be deemed to authorise \r\nGovernment to vary or set aside a finding of a Tribunal on a question of fact where \r\nsuch finding has been ac cepted by the Commissioner unless it is of opinion that \r\nthere has been a material irregularity o r defect in the proceedings or that the \r\nproceedings have been so conducted as to occasion a miscarriage of justice. \r\n (2) Government may, after examining any rec ord called for under sub -\r\nsection (1) and giving the parties an opportunity of being heard, pass such orders as \r\nit may think fit. \r\n13. Execution and enforcement of decree or order .– (1) Subject to the \r\nprovisions of this Ordinance, a decree or order passed by  the Deputy Commissioner \r\nshall have the same force and effect as if it were a decree or order pa ssed by a \r\ncompetent Civil Court and shall be enforced by the Deputy Commissioner in the \r\nsame manner as such decree or order would have been enforced by such Civ il \r\nCourt. \r\n (2) Every order made by the Commissioner in the exercise of his powers \r\nunder section 11 or by Government in the exercise of its powers under section 12, \r\nshall be enforced as if it were an order of the Deputy Commissioner, and the Deputy \r\nCommissioner shall do all acts and things necessary to give effect thereto. \r\n14. Jurisdiction of Courts b arred.– Except as otherwise provided in this \r\nOrdinance, no proceeding under this Ordinance, and no decision given, decree \r\npassed or order made, in any such proc eeding shall be called in question in any \r\nCourt or before any other authority. \r\n15. Delegation.– The Deputy Commissioner may authorise any officer not below \r\nthe rank of an Extra Assistant Commissioner to exercise or perform all or any of his \r\npowers or functions under this Ordinance, and may specify the areas within which, or \r\nthe class of cases in respect of which, such powers may be exercised. \r\n16. Power to make rules .– Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n17. Pending proceedings .– Nothing in this Ordinance shall affect any \r\nproceedings relating to any dispute pending in or before any Court or other authority \r\nimmediately before the commencement of this Ordinance, and such proceeding s \r\nshall be continued and disposed of as if this Ordinance had not come into force. \r\n18. Repeal.– The Quetta and Kalat (Civil and Criminal Law) Ordinance, 1965 \r\n(West Pakistan Ordinance No. III of 1965), in so far as it relates to the adjudication \r\nand settlement of civil disputes, is hereby repealed. \r\nTHE FIRST SCHEDULE \r\n[See section 1(2)] \r\n1. The Division of Quetta except the Tribal Areas. \r\n2. The Added Areas of Hazara District specified in the First Schedule to the \r\nNorth-West Frontier Province (Enlargement of t he Area and Alteration of \r\nBoundary) Order, 1952 (G.G.O. No. 1 of 1952). \r\n3. The Added Areas of Ma rdan District specified in Schedule A to the North -\r\nWest Frontier Province (Increase of Area and Alteration of Boundary) Order, \r\n1953 (G.G.O. No. 7 of 1953). \r\n4. The Added Areas of Hazara District specified in the First Schedule to the \r\nNorth-West Frontier Pro vince (Enlargement of the Area and Alteration of \r\nBoundary) Order, 1955 (G.G.O. No. 13 of 1955). \r\n5. The former Excluded Areas of Upper Tanawal and the Baluch Are a of Dera \r\nGhazi Khan specified in the Schedule to the Excluded Areas (Cesser of \r\nExclusion) (West Pakistan) Order, 1961 (P.O. No. 3 of 1961). \r\nTHE SECOND SCHEDULE \r\n[See section 3(1)] \r\nDistrict Tehsil Area \r\n1. Sibi District (i) Sibi \r\n(ii)\r\n Shari\r\ng \r\n1. Sibi town ex cepting Gullu Shahr, Kurk and \r\nKhajjak villages but including all the railway \r\nquarters on the Wes t side of the Railway line \r\nin Sibi, the Military Supply Depot, Public \r\nWorks Department inspection bungalow and \r\noffice and quarters. \r\n2. Ziarat. \r\n3. Harnai. \r\n2. Loralai District Duki The whole of Duki Tehsil. \r\n3. Chagai District Nushki Nushki Town \r\n4. Quetta-Pishin \r\nDistrict. \r\nQuetta 1. Quetta City and Cantonment. \r\n2. Quetta Saddar– \r\nThe following Mauzas, etc., of the Quetta \r\nTehsil, exclusive of the area lying within th e \r\nlimits of the Police Stations of Quetta City, \r\nQuetta Cantonment and Quetta Railways:– \r\n(i) The entire area with appurtenant mahals \r\nand killis of mauza Sirki, Khushkaba \r\nShaldaras Kansi, Trikha Kamsi, Shebo and \r\nKotwal. \r\n(ii) Mahal Karez Lwar and Killi Lwar i n Mauza \r\nAhmad Khanzai. \r\n(iii) Mahals Karez Sultan and Karez Khair Ullah \r\nwith their Killis in Mauza Karez at Beleli. \r\n(iv) The Military Camp at Beleli. \r\n(v) The area of the Beleli Spur comprising the \r\narea inhabited and used for any purpose by \r\nHindustan Construction Company, Limited. \r\n(vi) Baluchistan Textile Mills Sariab. \r\n  Pishin (i) Pishin Town. \r\n(ii) Bostan Bazar. \r\n  Chaman Chaman Cantonment and Town. All Railway \r\nStations and lines in Quetta-Pishin District.",
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