Thursday, 24 April 2014

court fee act 1870

THE COURT FEES ACT, 1870 (VII of 1870) CONTENTS CHAPTER I PRELIMINARY 1. Short title — Extent of Act — Commencement of Act 1-A.   Definition of “Appropriate Government” 2. [Repealed] CHAPTER II FEES IN THE HIGH COURTS 3. Levy of fees in High Courts on their original sides 4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction; in their appellate jurisdiction; as Courts of reference and revision 5. Procedure in case of differences as to necessity or amount of fee CHAPTER III FEES IN OTHER COURTS AND IN PUBLIC OFFICES 6. Fees on documents filed, etc., in Mufassal Courts or in public offices 7.Computation of fees payable in certain suits 8.Fee on memorandum of appeal against order relating to compensation 9.Power to ascertain net profits or market-value 10.Procedure where net profits or market-value wrongly estimated 11.Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed 12.Decision of question as to valuation 13.Refund of fee paid on memorandum of appeal 14.Refund of fee on application for review of judgment 15.Refund where Court reverses or modifies its former decision on ground of mistake 16.[Repealed] 17.Multifarious suits 18.Written examination of complainants 19.Exemption of certain documents CHAPTER III-A PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION 19-A. Relief where too high a court-fee has been paid 19-B. Relief where debts due from a deceased person have been paid out of his estate 19-C. Relief in case of several grants 19-D. Probates declared valid as to trust-property though not covered by court-fee 19-E. Provision for case where too low a court-fee has been paid on probates, etc 19-F. Administrator to give proper security before letters stamped under section 19-E 19-G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment 19-H. Notice of applications for probate or letters of administration to be given to Revenue- authorities, and procedure thereon 19-I.  Payment of court-fees in respect of probates and letters of administration 19-J. Recovery of penalties, etc 19-K.Sections 6 and 28 not to apply to probate or letters of administration CHAPTER IV PROCESS-FEES 20.Rules as to cost of processes — Confirmation and publication of rules 20-A. Exemption for certain processes 21.Tables of process-fees 22.Number of peons in District and Subordinate Courts — Number of peons in Mufassal Small Cause Courts 23.[Repealed] 24.[Repealed] CHAPTER V OF THE MODE OF LEVYING FEES 25.Collection of fees by stamps 26.Stamps to be impressed or adhesive
27.Rules for supply, number, renewal and keeping accounts of stamps 28.Stamping documents inadvertently received 29.Amended document 30.Cancellation of stamp CHAPTER VI MISCELLANEOUS 31.[Repealed] 32.[Repealed] 33.Admission in criminal cases of documents for which proper fee has not been paid 34.Sale of stamps 35.Power to reduce or remit fees 35-A. [Repealed] 36.Saving of fees to certain officers of High Courts SCHEDULE I AD VALOREM FEES SCHEDULE II FIXED FEES SCHEDULE III Form of valuation (to be used with such modification, if any, as may be necessary) ANNEXURE A VALUATION OF THE MOVABLE AND IMMOVABLE PROPERTY OF DECEASED ANNEXURE B SCHEDULE OF DEBTS, ETC.
TEXT 1THE COURT FEES ACT, 1870 (VII of 1870)
[12th March, 1870]
CHAPTER I PRELIMINARY 1. Short title.– This Act may be called the Court-fees Act, 1870. Extent of Act.– It extends to 2[the whole of Pakistan]. Commencement of Act.- And it shall come into force on the first day of April, 1870. 3[1-A. Definition of “Appropriate Government”.– In this Act “the Appropriate Government” means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the 4[Federal Government], that Government, and in relation to any other fees or stamps, the Provincial Government]. 5[2. “Chief Controlling Revenue-authority” defined.– *****.] CHAPTER II FEES IN THE HIGH COURTS 6[***] 3. Levy of fees in High Courts on their original sides.– The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the 7[High Courts]; or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, 8[***], 20 and 21 of the second schedule to this Act annexed; 9[*****] shall be collected in manner hereinafter appearing. 4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction.– No document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the 10[***] High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; in their appellate jurisdiction; or in the exercise of its jurisdiction as regards appeals from the 11[judgments (other than judgments passed in the exercise of the ordinary original Civil Jurisdiction of the Court) of 12[two]] or more Judges of the said Court, or of a division Court; as Courts of reference and revision; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; or in the exercise of its jurisdiction as a Court of reference or revision; unless in respect of such document there be paid a fee on an amount not less than that indicated by either of the said schedules as the proper fee for such document. 5. Procedure in case of difference as to necessity or amount of fee.– When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the 13[***] High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. 14[*****] The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section. CHAPTER III FEES IN OTHER COURTS AND IN PUBLIC OFFICES 6. Fees on documents filed, etc., in Mufassal Courts or in public offices.– Except in the Courts herein before mentioned, no document of any of the kinds specified as chargeable in the first or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document
there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document. 7. Computation of fees payable in certain suits.– The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:- (i) for money; In suits for money (including suits for damages or compensation, or arrears of maintenance of annuities, or of other sums payable periodically)– according to the amount claimed; (ii) for maintenance and annuities; In suits for maintenance and annuities or other sums payable periodically–according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year; (iii) for moveable property having a market-value; In suits for moveable property other than money, where the subject-matter has a market-value– according to such value at the date of presenting the plaint; (iv) In suits – (a) for moveable property of no market-value; for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title, (b) to enforce a right to share in joint family property; to enforce the right to share in any property on the ground that it is joint family property, (c) for a declaratory decree and consequential relief; to obtain a declaratory decree or order, where consequential relief is prayed, (d) for an injunction; to obtain an injunction, (e) for easements; for a right to some benefit (not herein otherwise provided for) to arise out of land, and (f) for accounts; for accounts– according to the amount at which the relief sought is valued in the plaint or memorandum of appeal: In all such suits the plaintiff shall state the amount at which he values the relief sought 15[:] 16[Provided that nothing in this clause shall apply to suits mentioned in clause iv-A], 17[(iv-A) for a declaratory decree regarding immovable property on the basis of alleged sale, etc.– In suits for a declaratory decree with or without consequential relief as to right in or title to immovable property based on alleged sale, gift, exchange or mortgage– according to the value of the property], 18[(v) for possession of lands, houses and gardens; In suits for the possession of land, houses and gardens– according to the value of the subject-matter; and such value shall be deemed to be– (a) where the subject-matter is land and where net profits have arisen from such land during the year next before the date of presenting the plaint–fifteen times such net profits; (b) where the subject-matter is land and where no such profits have arisen therefrom– market value of such land; (c) where the subject-matter is a house or garden- according to the market value of the house or garden]. 19[(vi) to enforce a right of pre-emption; In suits to enforce a right of pre-emption– (a) where the subject-matter is land, according to the value of the land in respect of which the right is claimed calculated by multiplying the produce index units of such land with the money value of a produce index as notified by the Government; and (b) where the subject-matter is a house or a garden, according to the value computed in accordance with clause (v) of this section.
Explanation.– “Produce index unit” means the measure notified by the Government in terms of which the productivity of an acre of land of a particular kind in a particular assessment circle or area is computed;]. (vii) for interest of assignee of land revenue; In suits for the interest of an assignee of land revenue– fifteen times his net profit as such for the year next before the date of presenting the plaint: (viii) to set aside an attachment; In suits to set aside an attachment of land or of an interest in land or revenue– according to the amount for which the land or interest was attached: Provided that where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest. (ix) to redeem; In suits against a mortgagee for the recovery of the property mortgaged, to foreclose; and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute–according to the principal money expressed to be secured by the instrument of mortgage. (x) for specific performance; In suits for specific performance– (a) of a contract of sale– according to the amount of the consideration; (b) of contract of mortgage– according to the amount agreed to be secured; (c) of a contract of lease– according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term; (d) of an award– according to the amount or value of the property in dispute; (xi) between landlord and tenant; In the following suits between landlord and tenant:- (a) for the delivery by a tenant of the counterpart of a lease, (b) to enhance the rent of a tenant having a right of occupancy, (c) for the delivery by a landlord of a lease, 20[(cc) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,] (d) to contest a notice of ejectment, (e) to recover the occupancy of 21[immoveable property] from which a tenant has been illegally ejected by the landlord, and (f) or abatement of rent– according to the amount of the rent of the 22[immoveable property] to which the suit refers payable for the year next before the date of presenting the plaint. 23[(xii) In suits not expressly provided for in this section, according to the value claimed, but such value shall not be less than a value which would attract a Court-fee of less than fifteen rupees]. 8. Fee on memorandum of appeal against order relating to compensation.– The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the 24acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. 9. Power to ascertain net profits or market-value.– If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court. 10. Procedure where net profits or market-value wrongly estimated.– (i) If in the result of any such investigation the Court finds that the net profits or market- value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much
additional fee as would have been payable had the said market-value or net profits been rightly estimated. (ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. 25[* * * * ] 11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.– 26[(1)] In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. 27[(2) Refund where amount decreed is less than amount claimed.– Where in any such suit as is referred to in sub-section (1) the Court-fee paid is found to be in excess of the amount of fee which would be payable if the suit had been valued at the amount decreed, the decree-holder shall be entitled to the refund of the excess of Court-fee paid by him]. 12. Decision of question as to valuation.– (i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. (ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply. 13. Refund of fee paid on memorandum of appeal.– If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the 28Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 29section 351 of the same Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal: Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded. 14. Refund of fee on application for review of judgment.– Where an 30application for a review of judgement is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant’s laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day. 15. Refund where Court reverses or modifies its former decision on ground of mistake.– Where an application for a review of judgement is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the 31[30][application] as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section, shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. 32[16. Additional fee where respondent takes objection to unappealed part of decree.– *****]
17. Multifarious suits.– Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by the 33Code of Civil Procedure, section 9. 18. Written examinations of complainants.– When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the 34Code of Criminal Procedure, the complainant shall pay a fee of 35[one rupee] unless the Court thinks fit to remit such payment. 19. Exemption of certain documents.– Nothing contained in this Act shall render the following documents chargeable with any fee:- (i) Power-of-attorney to institute or defend a suit when executed by an officer, warrant- officer, non-commissioned officer or private of 36[the Pakistan Army] not in civil employment. 37[(ii) *****]. (iii) Written statements called for by the Court after the first hearing of a suit. 38[(iv) *****]. 39[(v) *****]. 40[(vi) *****]. 41[(vii) *****]. (viii) Probate of a will, letters of administration, 42[and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827], where the amount or value of property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. (ix) Application or petition to a Collector or other officer making a settlement of land- revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (x) Application relating to a supply for irrigation of water belonging to Government. (xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (xii) Application for service of notice of relinquishment of land or of enhancement of rent. (xiii) Written authority to an agent to distrain. (xiv) First application (other than a petition containing criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court. (xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise. 43[(xvi)*****]. (xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. (xviii) Complaint of a public servant (as defined in the Pakistan Penal Code)44, a municipal officer, or an officer or servant of a Railway Company. (xix) Application for permission to cut timber in Government forests, or, otherwise relating to such forests. (xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under 45Act No. XX of 1856, or against any municipal tax. (xxii) Application for compensation under any law for the time being in force relating to the 46acquisition of property for public purposes. 47[(xxiii) *****]. (xxiv) 48[Petition under the Christian Marriage Act, 1872, (XV of 1872), sections 45 and 46]. 49[CHAPTER III-A] PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION 19-A. Relief where too high a court-fee has been paid.– Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue-Authority 50[for the local area] in which the probate or letters has or have been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may – (a) cancel the stamp on the probate or letters if such stamp has not been already cancelled; (b) substitute another stamp for denoting the court-fee which should have been paid thereon; and (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion. 19-B. Relief where debts due from a deceased person have been paid out of his estate.– Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it has been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act,such Authority may return difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. 19-C. Relief in case of several grants.– Whenever 51[* * *] a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. 19-D. Probates declared valid as to trust-property though not covered by court-fee.– The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. 19-E. Provision for case where too low a court-fee has been paid on probates, etc.– Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence
paid too low a court-fee thereon, the Chief Controlling Revenue-Authority 52[for the local area] in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they, is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon. 19-F. Administrator to give proper security before letters stamped under section 19E.– In case of letters of administration on which too low a court-fee has been paid at first the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained. 5319-G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.- Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months 54[***] after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent on the amount of the sum wanting to make up the proper court-fee. 55[19-H. Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon.– (1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector. (2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue-authority 56[for the local area in which the High Court is situated]. (3) The Collector within the local limits of whose revenue-jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation. (4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property: Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 277 of the 57Indian Succession Act, 186558, or, as the case may be, by section 98 of 59the Probate and Administration Act, 1881.60 (5) The Court, when so moved as aforesaid shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry. (6) For the purposes of any such inquiry, the Court or person authorized by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorized as aforesaid to hold the inquiry
shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous. (7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue-authority of any application under section 19-E. (8) The 61[Provincial Government] may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3)]. 62[19-I. Payment of court-fees in respect of probates and letters of administration.– (1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such valuation. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19-H, sub-section (4).] 63[19-J. Recovery of penalties, etc.– (1) Any excess fee found to be payable on an inquiry held under section 19-H, sub-section (6), and any penalty or forfeiture under section 19-G may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector 64[***]. (2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19-E or of any court-fee under section 19-E in excess of the full court-fee which ought to have been paid]. 65[19-K. Sections 6 and 28 not to apply to probate or letters of administration.– Nothing in section 6 or section 28 shall apply to probates or letters of administration]. CHAPTER IV PROCESS-FEES 20. Rules as to cost of processes.– The High Court shall, as soon as may be, make rules as to the following matters:- (i) The fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction; (ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and (iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes. The High Court may from time to time alter and add to the rules so made. Confirmation and publication of rules.– All such rules, alterations and additions shall, after being confirmed by the 66[Provincial Government] 67[***] be published in the 68[Official Gazette], and shall thereupon have the force of law. Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act. 69[20-A. Exemption for certain processes.– (1) Notwithstanding anything contained in the preceding section or in the rules made thereunder, no fees shall be charged for serving and executing process on behalf of: 70[(a)] the prosecution in any criminal proceedings taken on information presented or complaint made by a public-officer acting in his official capacity; 71[and] 72[(b) a liquidator or an arbitrator appointed under the provisions of the Co-operative Societies Act, 1912]. (2) The Provincial Government may by notification determine what persons shall be deemed to be public officers for the purpose of the preceding sub-section].
21. Tables of process-fees.– A table in the English and Vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each court. 22. Number of peons in District and subordinate Courts.– Subject to 73rules to be made by the High Court and approved by the 74[Provincial Government] 75[***] every District Judge and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his court and each of the courts subordinate thereto, Number of peons in Mufassal Small Cause Courts. and for the purposes of this section, every Court of Small Causes established under Act No. XI of 1865 ( to consolidate and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature) 76shall be deemed to be subordinate to the court of the District Judge. 77[23. Number of peons in Revenue Courts.– *****] 78[24. Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.– *****] CHAPTER V OF THE MODE OF LEVYING FEES 25. Collection of fees by stamps.– All fees referred to in section 3 or chargeable under this Act shall be collected by stamps. 26. Stamps to be impressed or adhesive.– The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the 79[Appropriate Government] may, by notification in the 80[Official Gazette] from time to time direct81. 27. Rules for supply, number, renewal and keeping accounts of stamps.– The 82[Appropriate Government] may, from time to time, make 83rules for regulating– (a) the supply of stamps to be used under this Act; (b) the number of stamps to be used for denoting any fee chargeable under this Act; (c) the renewal of damaged or spoiled stamps; and (d) the keeping accounts of all stamps used under this Act: Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of such Court. All such rules shall be published in the 84[Official Gazette], and shall thereupon have the force of law. 28. Stamping documents inadvertently received.– No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped. But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance. 29. Amended document.– Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp. 30. Cancellation of stamp.– No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out 85[the crescent and star] so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed: 86[Provided that if any document bearing a court-fee stamp of a design current in British India immediately before the fifteenth day of August, 1947 and still current in Pakistan is
presented to the proper officer, he shall forthwith effect the cancellation by punching out the figure-head so as to leave the amount designated untouched.] CHAPTER VI MISCELLANEOUS 87[31. Repayment of fees paid on applications to Criminal Courts.– *****] 88[32. Amendment of Act VIII of 1859 and Act IX of 1869.– *****] 33. Admission in criminal cases of documents for which proper fee has not been paid.– Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition. 89[34. Sale of Stamps.– (1) The 90[Appropriate Government] may from time to time make 91rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons. (2) All such rules shall be published in the 92[Official Gazette], and shall thereupon have the force of law. (3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both]. 35. Power to reduce or remit fees.– The 93[Appropriate Government] may, from time to time by notification in the 94[Official Gazette] reduce or remit in the whole or in any part of 95[the territories under its administration] all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order. 35-A.96[* * * * ] 36. Saving of fees to certain officers of High Courts.– Nothing in Chapters II and V of this Act applies 97 [***] to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
98[SCHEDULE I Ad Valorem Fees
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Article Proper Fee 1 2 3 1. Plaint, written statement pleading a set-off or counter-claim or memorandum of appeal (not otherwise provided for in this Act) or of cross-objection presented to any civil or Revenue Court except those mentioned in section 3. Note– The amount payable under this number shall be rounded to the nearest fifty paisas. 99[Seven-and-a-half] per centum on the amount or value of the subject-matter in dispute subject to a maximum of 100[fifteen thousand] rupees. 2. Plaint in a suit for possession under the Specific Relief Act, 1877, section 9. A fee of one-half the amount prescribed in Serial No. 1. 3. Application for review of judgment, if presented on or after the ninetieth day from the date of the decree. The fee leviable on the plaint or memorandum of appeal. 4. Application for review of judgment, if presented before the ninetieth day from the date of the decree. One-half of the fee leviable on the plaint or memorandum of appeal. 5. Copy or translation of a judgment or order not being, or having the force of, a decree– (a) When such judgment or order is passed by any Civil Court, other than a High Court, or by the presiding officer of any Revenue Court or office, or by any other judicial or Executive Authority. One rupee. (b) When such judgment or order is passed by a High Court. Two rupees. 6. Copy of the decree or order having the force of a decree– (a) When such decree or order made by any Civil Court other than a High Court, or any Revenue Court– (i) if the amount or value of the subject-matter of the suit wherein such decree or order is made does not exceed fifty rupees: One rupee (ii) if such amount or value exceeds fifty rupees: Two rupees. (b) When such decree or order is made by a High Court. Five rupees. 7. Copy of any document liable to stamp duty under the Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn– (a) When the stamp duty chargeable on the original does not exceed fifty paisas. The amount or duty chargeable on the original. (b) In any other case. One rupee. 8. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office or from the office of any chief officer charged with the executive administration of a Division– For every three hundred and sixty words or fraction of three hundred and sixty words. Fifty paisas. 9. Probate of a will or letters of administration with or without will annexed– When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees. Two per centum on such amount or value. When such amount or value exceeds ten thousand rupees but does not exceed fifty thousand rupees. Three per centum on such amount or value. When such amount or value exceeds fifty thousand rupees: Four per centum on such amount or value. Provided that when, after the grant of a certificate under the Succession Act, 1925, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant. Note-The amount payable under this number to be rounded to the nearest rupee. 10. Certificate under the Succession Act, 1925– (i)On the amount or value of any debt or security specified in the certificate under section 8 of the Act. Two per centum on such amount or value. (ii) On the amount or value of any debt or security to which the certificate is extended under section 10 of the Act. Three per centum on such amount or value.
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Article Proper Fee 1 2 3 Explanation 1.– For the purposes of this number, the amount of a debt is its amount, including interest on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained. Explanation 2.– Whether or not any power with respect to a security specified in a certificate has been conferred under the Act and where such power has been so conferred whether the power is for the receiving of interest or dividends on, or for the negotiation or transfer of the security, or for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained. 11. Application to the Board of Revenue/ Commissioners of Divisions for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887– When the amount or value of the subject-matter in dispute does not exceed twenty-five rupees. Two rupees. When such amount or value exceeds twenty-five rupees. The fee leviable on a memorandum of appeal. 12. Application to a High Court for the exercise of its revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908– Where the application is for revision of an order and the amount or value of the subject-matter is less than two thousand rupees. Seven rupees and fifty paisas. Where the application is for the revision of an order and subject-matter is two thousand rupees or more. Fifteen rupees. Where the application is for the revision of an appellate decree. The fee leviable on a memorandum of appeal].
101[SCHEDULE II Fixed Rates
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Article Proper Fee 1 2 3 1. Application or petition– (a) When presented to any Officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government and when the subject-matter of such application relates exclusively to those dealings; or When presented to any Officer of land-revenue by any person holding temporarily settled land under direct engagement with Government and when the subject-matter of the application or petition relates exclusively to such engagement; or When presented to any Civil Court other than a principal Civil Court of original jurisdiction or to any Court of Small Causes constituted under the Provincial Small Causes Courts Act, 1887, or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of subject-matter is less than fifty rupees; or When presented to any Civil, Criminal or Revenue Court, or to any Board or Executive Officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or Officer, or of any other document or record in such Court or Office; One rupee. (b) When containing a complaint or charge of any offence other than an offence for which police officers may, under the Code of Criminal Procedure, 1898, arrest without warrant, and present to Criminal Court; or …Two rupees. When presented to a Civil, Criminal or Revenue Court, or to a Collector or any Revenue Officer, having jurisdiction equal or subordinate to a Collector or to any Magistrate in his executive capacity and not otherwise provided for by this Act; or …Two rupees. to deposit in Court revenue or rent; or …Two rupees for determination by a Court of the amount of compensation to be paid by a landlord to his tenant …Two rupees. (c) (i) When presented to a Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit or to any Chief Officer charged with executive administration of a Division and not otherwise provided by this Act …Two rupees. (ii) When presented to a Court or Authority other than a High Court, for transfer of cases …Five rupees. (d) When presented to a High Court– (i) Under the Companies Act, 1913, for winding up a company …Two hundred rupees. (ii) Under the said Act for taking some other judicial action …Ten rupees. (iii) For transfer of cases …Five rupees. (iv) In all other cases …Five rupees. 2. Application to any Civil Court that records may be called for from another Court– When the Court grants the application and is of the opinion that the transmission of such records involves the use of the post. Three rupees in addition to any fee levied on the application under clause (a), clause (b) or clause (c), of number 1 of this Schedule. 3. Application for leave to sue as a pauper …Two rupees. 4. Application for leave to appeal as a pauper …Two rupees. 5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy …Two rupees. 6. Undertaking under section 49 of the Divorce Act, 1869. …One rupee. 7. Mukhtarnama or Wakalatnama when presented for the conduct of any one case– (a) to any Civil or Criminal Court, other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other Executive Officer, except such as are mentioned in clauses (b) and (c) of this number: …Two rupees.
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Article Proper Fee 1 2 3 (b) to Commissioner or Revenue, Circuit or Customs or to any officer charged with the Executive Administration of a Division, not being the Chief Revenue or Executive Authority; …Two rupees. (c) to a High Court, Board of Revenue or other Chief Controlling Revenue or Executive Authority: …Three rupees.
8. Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented– (a) to any Civil Court other than a High Court, or to any Revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority; …Three rupees. (b) to the Central Board of Revenue under section 188 of the Sea Customs Act, 1878, or section 35 of the Central Excise and Salt Act, 1944; …Twenty-five rupees. (c) to High Court or other Chief Controlling Executive or Revenue Authority: …Ten rupees.
9. Caveat …Ten rupees. 10. Petition in a suit under the Native Convert’s Marriage Dissolution Act, 1866: …Ten rupees. 11. Plaint or memorandum of appeal in each of the following suits:- (i) to alter or set aside a summary decision or order of any Civil Court, not being a High Court; or any Revenue Court; …Ten rupees. (ii) to alter or cancel any entry in a register of the names of proprietors of Revenue paying estates; …Ten rupees. (iii) to obtain a declaratory decree when no consequential relief is prayed; …Thirty rupees. (iv) to set aside an award; …Ten rupees. (v) to set aside an adoption; …Ten rupees. (vi) to set aside an alienation; …Fifteen rupees. (vii) every other suit where it is not possible to estimate at a money- value the subject matter in dispute, and which is not otherwise provided for by this Act: …Ten rupees. 12. Application under Chapter III of the Arbitration Act, 1940: …Twenty rupees. 13. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908: …Twenty rupees. 14. Every petition under the Divorce Act, 1869 except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act: …Twenty rupees. 15. Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936: …Twenty rupees. 16. Plaint or memorandum of appeal in a suit by a reversioner under the Punjab Customary law for a declaration in respect of an alienation of ancestral land. …Twenty rupees. 17. For determination of fair rent or eviction of tenant under sections 4 and 13 of the 102[West Pakistan] Urban Rent Restriction Ordinance, 1959 (VI of 1959)– (i) Where the property involved is exempted from Property Tax under the 103[West Pakistan] Urban Immovable Property Tax Act: …Five rupees (ii) Where such property is assessed to Urban Immovable Property Tax: …Fifteen rupees.] 104[18. Plaint or memorandum of appeal for recovery of compensation or damages under the Fatal Accidents Act, 1855. …Fifteen rupees.]
105SCHEDULE III (See Section 19-I) FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY AS MAY BE NECESSARY) IN THE COURT OF____________________________________ Re Probate of the Will of ___________________ (or administration of the property and credits of _________________), deceased. I ____________________________________________( solemnly affirm ) ( make oath ) and say that I am the executor (or one of the executors or one of the next-of-kin) of ________________, deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credits of which the above-named deceased died possessed or was entitled to at the time of his death, and which have come or are likely to come, to my hands. 2. I further say that I have also truly set forth in Annexure B all the items I am by law allowed to deduct. 3. I further say that the said assets, exclusive only of such last-mentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of ANNEXURE A Rs. A P. VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF DECEASED Cash in the house and at the banks household goods, wearing-apparel, books, plate, jewels, etc. (State estimated value according to best of Executor’s or Administrator’s belief). Property in Government securities transferable at the Public Debt Office. (State description and value at the price of the day; also interest separately, calculating it to the time of making the application). Immoveable property consisting of (State description, giving, in the case of houses, the assessed value, if any, and the number of years’ assessment the market-value is estimated at, and, in the case of land, the area, the market-value and all rents that have accrued). Leasehold property (If the deceased held any leases for years determinable, state the number of years, purchase the profit rents are estimated to be worth and the value of such inserting separately arrears due at the date of death and all rents received or due since that date to the time of making the application). Property in public companies (State the particulars and the value calculated at the price of the day, also the interest separately calculating it to the time of making the application). Policy of insurance upon life, money but on marriage and other societies such as bonds, mortgages, bills, notes and other securities for money.
(State the amount of the whole; also the interest separately, calculating it to the time of making the application). Books debts (Other than bad) Stock in trade (State the estimated value, if any) Other property not comprised under the foregoing heads. (State the estimated value, if any). TOTAL: Deduct amount shown in Annexure B not subject to duty. NET TOTAL: ANNEXURE B SCHEDULE OF DEBTS, ETC. Amount of debts due and owing from the deceased, payable by law out of the estate. Amount of funeral expenses Amount of mortgage incumbrances Property held in trust not beneficially or with general power to confer a beneficial interest. Other property not subject to duty TOTAL: __________________________

1 For Statement of Objects and Reasons, see Gazette of India, 1869, Pt. V, p. 57; for Proceedings in Council, see ibid., 1869, Supplement, pp. 1179 and 1452; ibid., 1870, Supplement, pp. 52, 378, 421, 427 and 434. • For abolition of court fee in criminal cases and civil suits involving amounts not exceeding twenty five thousand rupees, see the Punjab Court Fee (Abolition) Ordinance, 1983 (Punjab Ordinance X of 1983), which was not subject to the limitation as to its duration under the Constitution, vide the Laws (Continuance in Force) Order, 1977 (CMLA’s Orders No. 1 of 1977), and was validated by Article 270A of the Constitution of the Islamic Republic of Pakistan (1973). 2 Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation” which were previously Substituted, for “the whole of British India,” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949). 3 Section 1-A Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. 4 Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974). 5 Repealed by A.O., 1937 6 The words “and in the court of Small Causes at the Presidency Towns” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955). 7 The original words and figures as amended by the Repealing and Amending Act, 1917 (XXIV of 1917) and the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, have successively been amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) and the West Pakistan Supplementary Appropriation Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955), to read as above. 8 The number “16” repealed by the Amending Act, 1891 (XII of 1891). 9 The words “and the fees for the time being chargeable in the Courts of Small Causes at the Presidency-towns and their several officers” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949). 10 The word “said” omitted by the West Pakistan Supplementary Appropriation Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955). 11 Substituted by the Court-fees (Amendment) Act, 1922 (XIX of 1922), for “judgment of two”. 12 Substituted for “one” by the Court-Fees (Punjab Amendment) Act, 1922 (VII of 1922). 13 The word “said” omitted by the Central Laws (Statute Reform) the West Pakistan Supplementary Appropriation Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955). 14 The original paragraph omitted ibid. (with effect from the 14th October, 1955). 15 Substituted by the Punjab Finance Act, 1973 (XIV of 1973). 16 Added ibid. 17 Ibid. 18 Substituted ibid. 19 Substituted by the Court Fees (Amendment) Act, 1990 (V of 1990). 20 Inserted by the Court-fees (Amendment) Act, 1905 (VI of 1905). 21 Substituted by the Court-fees (Amendment) Act, 1905 (VI of 1905), for “land”. 22 Ibid. 23 Added by the Court-fees (Amendment) Ordinance, 1962 (LII of 1962). 24 See now the Land Acquisition Act, 1894 (I of 1894). 25 Clause (iii) repealed by the Amending Act, 1891 (XII of 1891). 26 Section 11 was renumbered as sub-section (1) of that section by the Court-fees (Amendment) Ordinance, 1962 (LII of 1962). 27 Added by the Court-fees (Amendment) Ordinance, 1962 (LII of 1962). 28 See now the Code of Civil Procedure, 1908 (Act V of 1908). 29 This reference should now be read as applying to the corresponding provision of the Code of Civil Procedure, 1908 (Act V of 1908), i.e., Order XII rule 23 of the First Schedule. 30 As to application for review of judgment see the Code of Civil Procedure, 1908 (Act V of 1908), section 114 and Order XLVII of the First Schedule. 31 Substituted by the Court-fees Act (1870) Amendment Act, 1870 (XX of 1870), for “plaint or memorandum of appeal”. 32 Rep. by the Code of Civil procedure, 1908 (V of 1908). 33 See now the Code of Civil Procedure, 1908 (Act V of 1908). 34 This reference should now be read as referring to the Code of Criminal Procedure (Act V of 1898). See section 3 of that Act. 35 Substituted by the Court-Fees (Punjab Amendment) Act, 1922 (VII of 1922). 36 Substituted by the Central Laws (Adaptation) Order, 1961, for “Her Majesty’s Army” (with effect from the 23rd March, 1956). 37 Rep. by the Amending Act, 1891 (XII of 1891) 38 Rep. by the Cantonments Act, 1889 (XIII of 1889) 39 Rep. by A.O., 1949, Sch 40 Rep. ibid. 41 Rep. ibid.
42 Substituted by section 13 (2) of the Succession Certificate Act, 1889 (VII of 1889), for “and certificate mentioned in the First Schedule to this Act annexed, No. 12.” 43 Omitted by A.O., 1949, Sch 44 XLV of 1860. 45 The Bengal Chaukidari Act, 1856. 46 See now the Land Acquisition Act, 1894 (I of 1894). 47 Omitted by A.O., 1949, Schedule 48 Substituted by the Indian Christian Marriage Act, 1872 (XV of 1872), for the original clause which read as follows:- “petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), section 5, or under Act No. V of 1852, section 9.” 49 Chapter III-A inserted by section 6 of the Probate and Administration Act, 1875 (XIII of 1875). 50 Substituted by the Court-fees (Amendment) Act, 1901 (X of 1901), for “of the Province”. 51 The word, “each”, repealed by the Amending Act 1891 (XII of 1891). 52 Substituted by the Court-fees (Amendment) Act, 1901 (X of 1901), for “of the Province”. 53 As to recovery of penalties for forfeitures under section 19G, See section 19-J, infra. 54 The words and figures, “after the first day of April 1875 or”, repealed by the Amending Act, 1891 (XII of 1891). 55 Inserted by the Court-fees Amendment Act, 1899 (XI of 1899). 56 Substituted by the Court-fees Amendment Act, 1901 (X of 1901), for “of the Provinces”. 57 See now the Succession Act, 1925 (XXXIX of 1925). 58 X of 1865. 59 See now the Succession Act, 1925 (XXXIX of 1925). 60 V of 1881. 61 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”. 62 Inserted by the Court-fees Amendment Act, 1899 (XI of 1899). 63 Inserted by the Court-fees Amendment Act, 1899 (XI of 1899).. 64 The words “in any Part of British India”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949). 65 Inserted by the Court-fees Amendment Act, 1899 (XI of 1899). 66 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”. 67 The words “and sanctioned by the G.G. of India in C” repealed by the Devolution Act, 1920 (XXXVIII of 1920). 68 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local official Gazette”. 69 Added by the Court-Fees (Punjab Amendment) Act, 1939 (IV of 1939). 70 Inserted by the Court-Fees (Punjab Amendment) Act, 1942 (I of 1942). 71 Ibid. 72 Ibid. 73 For rules made under the powers conferred by this section, see different Local Rules and Orders. 74 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”. 75 The words “and the G.G. of India in C” repealed by the Devolution Act, 1920 (XXXVIII of 1920). 76 The reference to Act XI of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (IX of 1887): see section 2 (3) of that Act. 77 Repealed by section 2 and Schedule of the Punjab Land Revenue Act, 1887 (XVII of 1887). 78 Rep. by the Repealing and Amending Act, 1891 (XII of 1891). 79 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of 1920), for “G.G. of India in C.” 80 Substituted ibid., for the words “local official Gazette” which had been substituted, for “Gazette of India” by the Devolution Act, 1920 (XXXVIII of 1920). 81 For rules as to levy of Court-fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189. 82 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of 1920), for “G.G. of India in C.” 83 For rules under section 27, see different Local Rules and Orders. 84 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the words “local official Gazette” which had been Substituted, for “Gazette of India” by Act XXXVIII of 1920. 85 Substituted by the Court-fees (Amendment) Act, 1951 (XIII of 1951), for “the figure-head”.
86 Added ibid. 87 Rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923), s. 163. 88 Rep. by the Repealing and Amending Act, 1891 (XII of 1891). 89 Substituted for the original section by the Amending Act, 1891 (XII of 1891). 90 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”. 91 For rules issued under this section, see different Local Rules and Orders. 92 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local official Gazette”. 93 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of 1920), for “G.G. of India in C.” 94 Substituted ibid., for “local official Gazette”. 95 Substituted by Act XVIII of 1920, for “British India”. 96 Deleted by the Punjab Finance Act, 1973 (XIV of 1973). 97 The words “to the commission payable to the Accountant General of the High Court at Fort William or” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949). 98 Substituted by the Punjab Finance Act, 1973 (XIV of 1973). 99 Substituted first by the Punjab Finance Act 1996 (V of 1996) and then by the Punjab Finance Act 2006 (V of 2006). 100 Ibid. 101 Substituted by the Punjab Finance Act, 1973 (XIV of 1973). 102 Now “The Punjab”. 103 Now the Punjab Urban Rent Restriction Ordinance, 1959. 104 Added by the Court Fees (Punjab Amendment) Ordinance, 1981 (XIV of 1981), which was not subject to the limitation as to its duration under the Constitution, vide the Laws (Continuance in Force) Order, 1977 (CMLA’s Orders No. 1 of 1977), and was validated by Article 270A of the Constitution of the Islamic Republic of Pakistan (1973).. 105 This Schedule was added by the Court-fees (Amendment) Act, 1899 (II of 1899). The original Schedule III was repealed by the Repealing Act, 1870 (XIV of 1870).

THE ARBITRATION ACT, 1940

THE ARBITRATION ACT, 1940 (X OF 1940) CONTENTS
CHAPTER 1 Introductory
1. Short title, extent and commencement      2. Definitions  CHAPTER II Arbitration without intervention of a court 
3. Provisions implied in arbitration agreement  4. Agreement that arbitrators be appointed by third party  5. Authority of appointed arbitrator or umpire   irrevocable except by leave of Court 6. Arbitration agreement not to be discharged by death of party thereto  7. Provisions in case of insolvency      8. Power of Court to appoint arbitrator or umpire  9. Power to party to appoint new arbitrator, or, in certain cases, a sole   arbitrator 10.Provision as to appointment of three or more arbitrators  11.Power to Court to remove arbitrators or umpire in certain   circumstances  12.Power of Court where arbitrator is removed or his authority revoked  13.Powers of arbitrator  14.Award to be signed and filed      15.Power of Court to modify award   16.Power to remit award      17.Judgment in terms of award  18.Power of Court to pass interim   orders 19.Power to supersede arbitration where award becomes void or is   set aside CHAPTER III Arbitration with intervention of a Court where there is no suit pending
20.Application to file in Court arbitration agreement 
CHAPTER IV Arbitration in Suits
21.Parties to suit may apply for order of reference  22.Appointment of arbitrator  23.Order of reference      24.Reference to arbitration by some of the parties  25.Provisions applicable to arbitration under this Chapter 
CHAPTER V General
26.Application of Chapter       27.Power of arbitrators to make an interim award  28.Power to Court only to enlarge time for making award  29.Interest on awards   30.Grounds for setting aside award   31.Jurisdiction      32.Bar to suits contesting arbitration agreement or award   33.Arbitration agreement or award to be contested by application      34.Power to stay legal proceedings where there is an arbitration   agreement 35.Effect of legal proceedings on arbitration  36.Power of Court, where arbitration agreement is ordered not to   apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference   37.Limitations  38.Disputes as to arbitrator’s remuneration or costs 
CHAPTER VI Appeals
39.Appealable orders  40.Small Cause Court not to have jurisdiction over arbitrations save   arbitrations in suits before it
CHAPTER VII Miscellaneous
41.Procedure and powers of Court   42.Service of notice by party or arbitrator  43.Power of Court to issue processes for appearance before arbitrator  44.Power to High Court to make rules  45.Government to be bound  
46.Application of Act to statutory arbitrations  47.Act to apply to all arbitrations      48.Saving for pending references      49.Repeals and amendments      
TEXT THE ARBITRATION ACT, 1940 (X OF 1940)
[11th March, 1940]
An Act
to consolidate and amend the law relating to Arbitration.
Preamble : Whereas it is expedient to consolidate and amend the law relating to Arbitration in Pakistan. It is hereby enacted as follows:-
CHAPTER 1 Introductory
1. Short title, extent and commencement: (1) This Act maybe called the Arbitration Act, 1940. (2) It extends to the whole of Pakistan. (3) It shall come into force on the 1st day of July, 1940.
2. Definitions: In this Act, unless there is anything repugnant in the subject or context,-
a) “arbitration agreement” means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not b) “award” means an arbitration award; c) “Court” means a Civil Court having jurisdiction to decide the question forming the subject-matter of reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under Section 21, include a Small Cause Court; d) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting; e) “reference” means a reference to arbitration.
CHAPTER II Arbitration without intervention of a court 3. Provisions implied in arbitration agreement: An arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule in so far as they are applicable to the reference. 4. Agreement that arbitrators be appointed by third party: The parties to an arbitration agreement may agree that any reference thereunder shall be to an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office or appointment.
5. Authority of appointed arbitrator or umpire irrevocable except by leave of Court:   The authority of an appointed arbitrator of umpire shall not be revocable except with the leave of the Court, unless a contrary intention is expressed in the arbitration agreement.
6. Arbitration agreement not to be discharged by death of party thereto: (1). An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such event be enforceable by or against the legal representative of the deceased.
2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.
3) Nothing in this section shall affect the operation of any law by virtue of which any right of section is extinguished by the death of a person.
7. Provisions in case of insolvency: (1) Where it is provided by a term in a contract to which an insolvent is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such differences.
(2) Where a person who has been adjudged an insolvent had before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies is required to be determined in connection with, or for the purposes of, the insolvency proceedings, then, if the case is one to which sub-section does not apply, any other party to the agreement or the receiver may apply to the Court having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make as order accordingly.
(3) In this section the expression “receiver” includes an Official Assignee. 8. Power of Court to appoint arbitrator or umpire: (1) In any of the following cases – (a) where an arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not, after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who
gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties.
9. Power to party to appoint new arbitrator, or, in certain cases, a sole arbitrator: Where an arbitration agreement provides that a reference shall be to two arbitrators, one to be appointed by each party, then, unless a different intention is expressed in the agreement,-
a) if either of the appointed arbitrators, neglects or refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; b) if one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for fifteen clear days after the service by the other party of a notice in writing to make the appointment, such other party having appointed his arbitrator before giving the notice, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent. Provided that the Court may set aside  any appointment as sole arbitrator made under clause (b) and either, on sufficient cause being shown, allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation: The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Section 8 and this section.
10. Provision as to appointment of three or more arbitrators: (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties.
2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than  as  mentioned  in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail.
3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of the majority, or if the arbitrators  are equally divided in their opinions, the award of the umpire shall, unless the arbitration agreement otherwise provides, prevail.
11. Power to Court to remove arbitrators or umpire in certain circumstances: (1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award. (2) The Court may remove an arbitrator or umpire who has misconducted himself or the proceedings.
(3) Where an arbitrator or the umpire is removed under this
section, he shall not be entitled to receive any remuneration in respect of his services. (4) For the purposes of this section the expression “proceeding with the reference” includes, in a case where reference to the umpire becomes necessary, giving notice of that fact to the parties and to the umpire. 12. Power of Court where arbitrator is removed or his authority revoked: (1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies. (2) Where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the Court or where the Court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the Court may, on the application of any party to the arbitration agreement, either –(a) appoint a person to act as sole arbitrator in the place of the person or persons displaced, or (b) order that the arbitration agreement shall cease to have effect with respect to the difference referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the arbitration agreement.
13. Powers of arbitrator: (1). The arbitrators or umpire shall, unless a different intention is expressed in agreement, have power to a) administer oath to the parties and witnesses appearing; b) state a special case for the opinion of the Court on any question of law involved, or state the award, wholly or in part, in the form of a special case of such question for the opinion of the Court; c) make the award conditional or in the alternative; d) correct in an award any clerical mistake or error arising from any accidental slip or omission; e) administer to any party to arbitration such interrogatories as may, in the opinion of the arbitrators or umpire, be necessary. 14. Award to be signed and filed: (1) When the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award. (2) The arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court  and  upon  payment  of  the  fees  and  charges  due in  respect  of  the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in the Court, and the Court shall thereupon give notice to the parties of the filing of the award. (3) Where the arbitrators or umpire state a special case under clause (b) of Section 13, the Court, after giving notice to the parties and hearing them, shall pronounce its opinion thereon and such opinion shall be added to, and shall form part of, the award.
15. Power of Court to modify award: (1) The Court may by order modify or correct an award
a) Where it appears that a part of the award is upon a matter not referred to arbitration and such part can be separated from the other part and does not affect the decision on the matter referred; or b) Where the award is imperfect in form, or contains any obvious error which can be amended without affecting such decision; or c) Where the award contains a clerical mistake or an error arising from an accidental slip or omission.
16. Power to remit award: (1). The Court may from time to time remit the award or any matter referred to arbitration to the arbitrators or umpire for reconsideration upon such terms as it thinks fit
(a) where the award has left undetermined any of the matters referred to arbitration, or where it determines any matter not referred to arbitration, and such matters cannot be separated without affecting the determination of the matters referred; or (b) where the award is  so  indefinite  as  to  be  incapable  of  execution; or (c) where an objection to the legality of the award is apparent upon the fact of it. 2) Where an award is remitted under sub-section (1) the Court shall fix the time within which the arbitrator or umpire shall submit his decision to the court: Provided that any time so fixed may be extended by subsequent order of the Court. 3) An award remitted under sub-section (1) shall become void on the failure of the arbitrator or umpire to reconsider it and submit his decision within the time fixed. 17. Judgment in terms of award: Where the Court sees no cause to remit the award or any of the matters referred to arbitration for reconsideration or to set aside the award, the Court shall, after the time for making an application to set aside the award has expired, or such application having been made, after refusing it, proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow and no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with, the award.
18. Power of Court to pass interim orders: (1). Notwithstanding anything contained in Section 17, at any time after the filing of the award, whether notice of the filing has been served or not, upon being satisfied by affidavit or otherwise that a party has taken or is about to take steps to defeat, delay or obstruct the execution of any decree that may be passed upon the award, or that speedy execution of the award is just and necessary, the Court may pass such interim orders as it deems necessary.
(2). Any person against whom such interim orders have been passed may show cause against such orders, and the Court, after hearing the parties, may pass such further orders as it deems necessary and just. 19. Power to supersede arbitration where award becomes void or is set aside: Where an award has become void under sub-section (3) of Section 16 or has been set aside, the Court may by order supersede the reference and shall thereupon order that the arbitration agreement shall cease to have
effect with respect to the difference referred.
CHAPTER III Arbitration with intervention of a Court where there is no suit pending
20. Application to file in Court arbitration agreement: (1). Where any persons have entered into an arbitration agreement before the institution of any suit with respect to the subject-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court.
(2). The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or defendants, if the application has been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants.
(3). On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants, requiring them to show cause within the time specified in the notice why the agreement should not be filed.
(4). Where no sufficient cause is shown, the Court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court.
(5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable.
CHAPTER IV Arbitration in Suits
21. Parties to suit may apply for order of reference: Where in any suit all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitration, they may at any time before judgment is pronounced apply in writing to the Court for an order of reference.
22. Appointment of arbitrator: The arbitrator shall be appointed in such manner as may be agreed upon between the parties.
23. Order of reference: (1). The Court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall in the order specify such time as it thinks reasonable for the making of the award.
(2) Where a matter is referred to arbitration, the Court shall not, save in the manner and to the extent provided in this Act, deal with such matter in the suit.
24. Reference to arbitration by some of the parties: Where some only of the
parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by, Section 21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section, but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application.
25. Provisions applicable to arbitration under this Chapter: The provisions of the other chapters shall, so far as they can be made applicable, apply to arbitration under this Chapter: Provided that the Court may, in any of the circumstances mentioned in Sections 8, 10, 11 and 12, instead of filing up the vacancies or making the appointments, make an order superseding the arbitration and proceed with the suit, and where the Court makes an order superseding the arbitration under Sec.19, it shall proceed with the suit.
CHAPTER V General
26. Application of Chapter : Save as otherwise provided in this Act, the provisions of this Chapter shall apply to all arbitrations.
[26-A Award to set out reasons: (1). The arbitrators or umpire shall state in the award the reasons for the award in sufficient detail to enable the Court to consider any question of law arising out of the award. (2) Where the award does not state the reasons in sufficient detail, the Court shall remit the award to the arbitrators or umpire and fix the time within which the arbitrator or umpire shall submit the award together with the reasons in sufficient detail: Provided that any time so fixed may be extended by subsequent order of the Court.
(3) An award remitted under sub-section (2) shall become void on the failure of the arbitrators or umpire to submit it in accordance with the direction of the Court.] 27. Power of arbitrators to make an interim award: (1). Unless a different intention appears in the arbitration agreement, the arbitrators or umpire, may, if they think fit, make an interim award.
2. All references in this Act to an award shall include reference to an interim award made under sub-section (1). 28. Power to Court only to enlarge time for making award: (1).The Court may, if it thinks fit, whether the time for making the award has expired or not and whether the award has been made or not, enlarge from time to time the time for making the award.
(2) Any provision in an arbitration agreement whereby the arbitrators or umpire may, except with the consent of all the parties to the agreement, enlarge the time for making the award, shall be void and of no effect.
29. Interest on awards: Where and in so far as an award is for the payment of money the Court may in the decree order interest, from the date of the decree at such rate as the Court deems reasonable, to be paid on the
principal sum as adjudged by the award and confirmed by the decree.
30. Grounds for setting aside award: An award shall not be set aside on one or more of the following grounds, namely:
a) that an arbitrator or umpire has misconducted himself  or  the proceedings; b) That an award has been made after the issue of an order by the Court superseding the arbitration or after the arbitration proceedings have become invalid under Section 35; c) That an award has been improperly procured or is otherwise invalid.
31. Jurisdiction: (1). Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter to which the reference relates. Notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the award under the agreement has been, or may be filed and by no other court. (2). All applications regarding the conduct of arbitration proceedings or otherwise arising out of such proceedings shall be made to the Court where the award has been, or may be filed, and to no other Court.
(3). Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, where in any reference any application under this Act has been made in a Court competent to entertain it, that Court alone shall have jurisdiction over the arbitration proceedings and all subsequent applications arising out of that reference and the arbitration proceedings shall be made in that Court and in no other Court.
32. Bar to suits contesting arbitration agreement or award: Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be enforced, set aside, amended, modified or in any way affected otherwise than as provided in this Act.
33. Arbitration agreement or award to be contested by application: Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide the question on affidavits: Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit.
34. Power to stay legal proceedings where there is an arbitration agreement: Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any  other steps in the proceedings, apply to the judicial authority before which the  proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the
proceedings  were commenced, and still remains, ready  and  willing  to  do all  things  necessary to the proper conduct of arbitration, such authority may make an order staying the proceedings.
35. Effect of legal proceedings on arbitration: (1). No reference nor award shall be rendered invalid by reason only of the commencement of legal proceedings upon the subject-matter of the reference, but when legal proceedings upon the whole of the subject-matter of the reference have been commenced between all the parties to the reference and a notice thereof has been given to the arbitrators or umpire, all further proceedings in a pending reference shall, unless a stay of proceedings granted under Section 34, be invalid.
(2) In this section the expression “parties to the reference” includes any persons claiming under any of the parties and litigating under the same title. 36. Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference: Where it is provided (whether in the arbitration agreement or otherwise) that an award under an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders (whether under this Act or any other law) that the agreement shall cease to have effect as regards any particular difference, may further order that the said provision shall also cease to have effect as regards that difference.
37. Limitations: All the provisions of the Limitation Act, 1908 (IX of 1908), shall apply to arbitrations as they apply to proceedings in Court. 1) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action shall, for the purpose of limitation, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement. 2) For the purposes of this section and of the Limitation Act, 1908 (IX of 1908), an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto, a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the difference be submitted to the person so named or designated. 3) Where the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference arises to which the agreement applies, the court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper. 4) Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration agreement
shall cease to have effect with respect to the difference referred, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by the Limitation Act, 1908 (IX of 1908), for the commencement of the proceedings (including arbitration) with respect to the difference referred. 38. Disputes as to arbitrator’s remuneration or costs: If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may on an application in this behalf, order that the arbitrator or umpire shall deliver the award to the applicant on payment into Court by the applicant of the fees demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitrator or umpire by way of fees such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant. 1) An application under sub-section (1) may be made by any party to the reference unless the fees demanded have been fixed by written agreement between him and the arbitrator or umpire, and the arbitrator or umpire shall be entitled to appear and be heard on any such application.
2) The Court may make such orders as it thinks fit respecting the costs of an arbitration where any question arises respecting such costs and the award contains no sufficient provision concerning them.
CHAPTER VI Appeals
39. Appealable orders: An appeal shall be lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order :-
An order-
(i) superseding an arbitration; (ii)on an award stated in the form of a special case; (iii)modifying or correcting an award; (iv)filing or refusing to file an arbitration agreement; (v)staying or refusing to stay legal proceedings where there is an arbitration agreement; (vi)setting aside or refusing to set aside an award Provided that the provisions of this section shall not apply to any order passed by a Small Cause Court.
2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect to take away any right to appeal to the Supreme Court.
40. Small Cause Court not to have jurisdiction over arbitrations save arbitrations in suits before it: A Small Cause Court shall have no jurisdiction over any arbitration proceedings or over any application arising thereout save on application made under Section 21.
CHAPTER VII Miscellaneous
41. Procedure and powers of Court: Subject to the provisions of this Act and of rules made thereunder:-
a) the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the court, and to all appeals, under this Act; and b) the Court shall have, for the purpose of, and in relation to arbitration proceedings, the same power of making orders in respect of any of the matters set out in the Second Schedule as it has for the purpose of, and in relation to, any proceedings before the Court: Provided that nothing in clause (b) shall be taken to prejudice any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters. 42. Service of notice by party or arbitrator: Any notice required by this Act to be served otherwise than through the Court by a party to an arbitration agreement or by an arbitrator or umpire shall be served in the manner provided in the arbitration agreement, or if there is no such provision, either (a) by delivering it to the person on whom it is to be served, or (b) by sending it by post in a letter addressed to that person at his usual or last known place of abode or business in Pakistan and registered under Chapter VI of the Post Office Act, 1898.
42. Power of Court to issue processes for appearance before arbitrator: (1). The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.
(2) Persons, failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire during the investigation of the reference, shall be subject to the like disadvantages, penalties and punishments by order of the Court on the representation of the arbitrator or umpire as they would incur for like offences in suits tried before the Court.
3) In this section the expression “processes” includes summonses and commissions for the examination of witnesses and summonses to produce documents.
43. Power to High Court to make rules: The High Court may make rules consistent with this Act as to
a) the filing of awards and all proceedings consequent thereon or incidental thereto; b) the filing and hearing of special cases and all proceedings consequent thereon or incidental thereto; c) the staying of any suit or proceeding in contravention of an arbitration agreement; d) the forms to be used for the purposes of this Act; e) generally, all proceedings in Court under this Act.
44. Government to be bound: The provisions of this Act shall be binding on the Government.
45. Application of Act to statutory arbitrations: The provisions of this Act except sub-section
(1) of Section 6 and Sections 7, 12, 36 and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder.
46. Act to apply to all arbitrations: Subject to the provisions of Section 46, and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitrations and to all proceedings thereunder: Provided that an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any Court before which the suit is pending.
47. Saving for pending references: The provisions of this Act shall not apply to any reference pending at the commencement of this Act, to which the law in force immediately before the commencement of this Act shall, notwithstanding any special repeal effected by this Act, continue to apply.
49. Repeals and amendments: [Repealed by Sec.2 and Schedule 1 of the Repealing and Amending Act, 1945 (6 of 1945)].