THE PUNJAB CIVIL COURTS ORDINANCE, 1962
(II of 1962)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CIVIL COURTS
3. Classes of Courts
4. Civil Districts
5. District Judges
6. Additional District Judges
7. Original jurisdiction of District Judges in suits
8. Civil Judges
9. Pecuniary limits of Jurisdiction of Civil Judges
10. Local limits of jurisdiction
11. Power to invest Civil Judges with Small Cause Courts Jurisdiction
12. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings
13. Places of sitting of Courts
14. Control of Courts and Presiding Officers
15. Power to distribute business
16. Delegation of powers by District Judges
CHAPTER III
JURISDICTION IN CIVIL APPEALS
17. Appeals from District Judges or Additional District Judges
18. Appeals from Civil Judges
CHAPTER IV
SUPPLEMENTAL PROVISIONS
19. Continuance of powers of officers
20. Provisions regarding petition-writers
21. Temporary vacancy of office of District Judge
22. Delegation of powers of the District Judge
23. Temporary vacancy of office of Civil Judge
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the
State and its servants in their official capacity
25. List of holidays
26. Seal of the Court
27. Power to frame rules
28. Repeal and savings
SCHEDULE
TEXT
1THE 2[PUNJAB] CIVIL COURTS ORDINANCE, 1962
(II of 1962)
[8th January, 1962]
An
Ordinance
to amend and consolidate the law relating to Civil Courts in the province of 3[the Punajb]
Preamble.— WHEREAS it is expedient to amend and consolidate the law relating to Civil Courts
in the province of 4[the Punjab].
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President, the Governor of
West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and
promulgate the following Ordinance:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the 5[Punjab]
Civil Courts Ordinance, 1962.
(2) It extends to the whole of the province of 6 [the Punjab] except the 7[Tribal Areas].
(3) It shall come into force at once in the Divisions of Bahawalpur, 8[* * *] Lahore, Multan,
9[* * *] Rawalpindi and Sargodha 10[* * *], and in the remaining parts of the province or any specified
area or areas thereof, it shall come into force on such date or dates as Government may, by
notification in the official Gazette, appoint in this behalf.
2. Definitions.— In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that is to say—
(a) “Government” means the 11[Provincial Government of the Punjab];
(b) “High Court” means the High Court of 12[the Punjab];
(c) “Land” means land which is not occupied as the site of any building in a town or
village and is occupied or has been let for agricultural purposes or for purposes
subservient to agriculture or for pasture and includes the sites of buildings and other
structures on such lands;
(d) “land suit” means a suit relating to land or to any right or interest in land;
(e) “prescribed” means prescribed by rules made under this Ordinance;
(f) “small cause” means a suit of the nature cognizable by a Court of Small Causes under
the Provincial Small Cause Courts Act, 188713;
(g) “unclassed suit” means a suit which is neither a small cause nor a land suit; and
(h) “value” used with reference to a suit means the amount or value of the subject
matter of the suit.
CHAPTER II
CIVIL COURTS
1This Ordinance was promulgated by the Governor of West Pakistan on 10th November, 1961; published in the West Pakistan Gazette
(Extraordinary), dated 8th January, 1962, pages 87-96; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
2Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3Ibid.
4Ibid.
5Ibid.
6Ibid.
7Substituted by the West Pakistan Laws (Adaptation) Order, 1964, for “Special Areas”.
8The words “Dera Ismail Khan, Hyderabad, Khairpur, Peshawar, Quetta and the District of Karachi”, deleted by the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974).
9Deleted ibid.
10Deleted ibid.
11Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West Pakistan”.
12Substituted ibid., for “West Pakistan”.
13IX of 1887.
3. Classes of Courts.— Besides the Courts of Small Causes established under the Provincial
Small Cause Courts Act, 188714 and the Courts established under any other enactment for the time
being in force, there shall be the following classes of Civil Courts, namely:-
(a) the Court of the District Judge;
(b) the Court of the Additional District Judge; and
(c) the Court of the Civil Judge.
4. Civil Districts. — For the purposes of this Ordinance, Government may, by notification, divide
the province into civil districts, fix the limits of such districts and determine the headquarters of each
such district.
5. District Judges. — Government shall, in consultation with the High Court, appoint as
many persons as it thinks necessary to be District Judges and post a District Judge to each
district:
Provided that the same person may be appointed to be District Judge of two or more
districts.
6. Additional District Judges. — (1) Government may, in consultation with the High Court,
appoint as many Additional District Judges as may be necessary.
(2) An Additional District Judge shall discharge such functions of a District Judge as the
District Judge may assign to him, and in the discharge of those functions he shall exercise the
same powers as the District Judge.
7. Original jurisdiction of District Judges in suits. — Except as otherwise provided by any
enactment for the time being in force, the Court of the District Judge shall have jurisdiction in
original civil suits without limit as regard the value.
8. Civil Judges. — Government may, in consultation with the High Court—
(a) fix the number of Civil Judges to be appointed;
(b) make rules prescribing qualifications for recruitment of persons as Civil Judges; and
(c) appoint as many Civil Judges as may be deemed necessary.
9. Pecuniary limits of Jurisdiction of Civil Judges. — The jurisdiction to be exercised in
original civil suits as regards the value by any person appointed to be a Civil Judge shall be
determined by the High Court either by including him in a class or otherwise as it thinks fit.
10. Local limits of jurisdiction. — (1) The local limits of the jurisdiction of a Civil Judge shall be
such as the High Court may define.
(2) When the High Court posts a Civil Judge to a district, the local limits of the district
shall in the absence of any direction to the contrary, be deemed to be the local limits of his
jurisdiction.
11. Power to invest Civil Judges with Small Cause Courts Jurisdiction. — The High Court
may, by notification, within such local limits as it thinks fit, confer upon any Civil Judge the
jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act,
188715[15], for the trial of suits, cognizable by such Courts, upto such value not exceeding one
thousand rupees as it thinks fit.
12. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings. —
(1) Notwithstanding anything contained in the Succession Act, 192516, the High Court may, by
general or special order, authorise any Civil Judge to take cognizance of or any District Judge to
transfer to a Civil Judge under his control, any proceedings or class of proceedings under the said
Act.
(2) The District Judge may withdraw any such proceedings taken cognizance of by or
transferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court
under his control competent to dispose of them:
Provided that nothing herein contained shall empower a District Judge to withdraw such
proceedings as have been specifically transferred from his Court by the High Court.
(3) Proceedings taken cognizance of by or transferred to a Civil Judge as the case may
be, under this section, shall be disposed of by him subject to the rules applicable to like
proceedings when disposed of by the District Judge.
13. Places of sitting of Courts. — (1) The High Court may fix the place or places at which
any Court under this Ordinance is to be held.
14[Ibid.
15X of 1887.
16XXXIX of 1925.
(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the
Court.
(3) Except as may be otherwise provided by any order under this section, a Court under
this Ordinance may be held at any place within the local limits of its jurisdiction.
14. Control of Courts and Presiding Officers. — (1) All Civil Courts in the areas to which this
Ordinance extends shall be subordinate to the High Court, and, subject to the general
superintendence and control of the High Court, the District Judge shall have control over all Civil
Courts within the local limits of his jurisdiction.
(2) The posting of Civil Judges shall be made by the High Court.
15. Power to distribute business. — Notwithstanding anything contained in the Code of Civil
Procedure, 190817, every District Judge may by written order direct that any civil business
cognizable by his Court and the Courts under his control shall be distributed among such Courts
in such manner as he thinks fit:
Provided that no direction issued under this section shall empower any Court to exercise
any powers or deal with any business beyond the limits of its jurisdiction.
16. Delegation of powers by District Judges. — A District Judge may, with the previous
sanction of the High Court, delegate, in respect of any specified portion of the district, to any Civil
Judge in the district, his powers under sections 14 and 15 of this Ordinance and the powers of the
District Court under section 24 of the Code of Civil Procedure, 190818, and such powers may be
exercised by such Civil Judge subject to the general control of the District Judge.
CHAPTER III
JURISDICTION IN CIVIL APPEALS
17. Appeals from District Judges or Additional District Judges. — (1) Save as otherwise
provided by any enactment for the time being in force, an appeal from a decree or order of District
Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional District
Judge in any case in which, if the decree or order had been made by the District Judge, an appeal
would not lie to that Court.
18. Appeals from Civil Judges. — (1) Save as aforesaid, an appeal from a decree or order of
a Civil Judge, shall lie—
(a) to the High Court if the value of the original suit in which the decree or order was
made exceeds 19 [20[twenty five] hundred] thousand rupees; and
(b) to the District Judge in any other case.
(2) Where the function of receiving any appeal which lie to the District Judge under the
last preceding sub-section has been assigned to an Additional District Judge, the appeal may be
preferred to the Additional District Judge.
(3) The High Court may, by notification, direct that appeals lying to the District Judge from
all or any of the decrees or orders passed in any original suit by any Civil Judge shall be referred to
such other Civil Judge as may be mentioned in the notification, and the appeals shall thereupon be
preferred accordingly, and the Court of such Civil Judge shall be deemed to be a District Court for the
purposes of all appeals so preferred.
CHAPTER IV
SUPPLEMENTAL PROVISIONS
19. Continuance of powers of officers. — Whenever any person holding an office in the
service of the State who has been invested with any powers under this Ordinance throughout any
local area is transferred or posted at any subsequent time to an equal or higher office of the same
nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise
directed, exercise the same powers in the local area to which he is so transferred or posted.
17V of 1908.
18Ibid.
19Substituted by the Punjab Civil Courts Ordinance (Amendment) Act, 1986 (Act V of 1986).
20Substituted for the word “two” by the Punjab Civil Courts (Amendment) Ordinance, 2002 (LV of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
20. Provisions regarding petition-writers.— The High Court, in consultation with the Board
of Revenue, 21[Punjab], may make rules consistent with this Ordinance and any other enactment
for the time being in force,—
(a) declaring what persons shall be permitted to act as petition-writers in Courts;
(b) regulating the issue of licences to such persons, the conduct of business by them and the
scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated and
the penalties which may be imposed.
21. Temporary vacancy of office of District Judge.— In the event of the death of a District
Judge or of his being prevented from performing his duties by illness or other cause, the Additional
District Judge, if any, or in the absence of the Additional District Judge from the district, the senior
most of the Civil Judges at the headquarters, shall assume charge of the district without interruption of
his ordinary jurisdiction, and while so incharge shall perform the duties of the District Judge with
respect to the filing of suits and appeals, receiving pleadings, execution of processes and the like, and
shall be designated Additional District Judge or Civil Judge, as the case may be, incharge of the
district and shall continue in such charge until the office of the District Judge has been resumed or
assumed by an officer duly appointed thereto.
22. Delegation of powers of the District Judge.— Any District Judge, leaving the headquarters
and proceeding on duty to any place within his jurisdiction or in the event of his absence from the district
on leave may delegate to the Additional District Judge or in the absence of an Additional District Judge
to the senior most of the Civil Judges at the headquarters, the powers of performing any of the duties
enumerated in section 21 that may be emergent; and such officer shall be designated Additional District
Judge or Civil Judge, as the case may be, in charge of the district.
23. Temporary vacancy of office of Civil Judge. — In the event of the death, suspension or
temporary absence of any Civil Judge, the District Judge, may empower any other Civil Judge of
the District to perform the duties of the Judge of the vacated Civil Court, either at the place of
such Court or of his own Court, but in every such case the register and records of the two Courts
shall be kept separately.
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the State
and its servants in their official capacity. — (1) No Civil Court not having jurisdiction in original
suits without limit as regards value and no Court of the Small Causes shall receive, entertain or
register any suit in which Pakistan or any of its provinces or any public officer as defined in clause
(17) of section 2 of the Code of Civil Procedure, 190822, in his official capacity is a party 23[:]
24[* * * * * * * * * * * * ]
(2) In every such case the plaintiff shall be referred to the Court of the Civil Judge
having jurisdiction in original suits without limit as regard value and such suit shall be instituted
only in the Court of such Civil Judge and shall be heard at the headquarters of the district.
(2-A) 25[* * * * * * * * * * * ]
(2-B) 26[[* * * * * * * * * * * ]
(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a
Government Railway or to any suit merely because a public officer is a party thereto, in his
capacity as—
(a) a member of a local authority; or
(b) curator, guardian, manager or representative of a private person or estate in virtue
of an appointment, delegation, declaration of exercise of powers under-
(i) Order XXXII rule 4(4) of the Code of Civil Procedure, 190827,
(ii) section 195 of the Succession Act, 192528;
21[Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
22V of 1908.
23Substituted for the full-stop by the West Pakistan Civil Courts (Amendment) Ordinance, 1963 (XII of 1963).
24[Proviso deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
25Added by the West Pakistan Civil Courts (Amendment) Act, 1963 (XV of 1963), and deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb.
A.O. 1 of 1974).
26Ibid.
27V of 1908.
28XXXII of 1925.
(iii) section 69 or 71 of the Lunacy Act, 191229;
(iv) section 7, 18 or 42 of the Guardians and Ward Act, 189030; or
(v) any provision of any 31[Punjab] enactment relating to Court of Wards.
25. List of holidays. — (1) Subject to such general orders as may be made by Government,
the High Court shall prepare a list of days to be observed in each year as holidays in the Civil
Courts.
(2) Every such list shall be published in the official Gazette.
26. Seal of the Court. — Every Court shall have and use, as the occasion may arise, a
circular seal two inches in diameter bearing round its circumference the title of the Court in
English and Urdu script and in the centre a device and impression of a crescent moon with the
horns pointing upwards surmounted by a star, and the said seal shall be delivered to and kept in
the custody of the presiding officer of the Court.
27. Power to frame rules. — (1) The High Court may, with the approval of Government, frame
rules for the purposes of carrying into effect the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, the High
Court may, with the approval of Government, frame rules for all or any of the following purposes,
namely:-
(a) the supervision of all Civil Courts and their visitation and inspection;
(b) the exercise by the District Judges of the general control vested in them over the Civil
Courts in their respective districts;
(c) the places and times for the holding of Civil Courts;
(d) the fees to be charged for processes issued by the Civil Courts or by any officer of
any such Courts;
(e) the fees payable in any suit or proceeding in any Civil Court by any party in respect
of the fees of the pleader of any other party; and
(f) the manner in which the proceedings of the Civil Courts shall be kept and recorded,
the manner in which the paper books for the hearing of appeal shall be prepared
and the granting of copies.
28. Repeal and savings. — (1) The enactments specified in the Schedule are hereby
repealed to the extent mentioned in the fourth column thereof.
(2) The districts and headquarters of districts existing for the purposes of civil justice
when this Ordinance comes into force shall be deemed to have been made and determined under
this Ordinance.
(3) On the commencement of this Ordinance, if any suit or appeal is pending in the High
Court or any other Civil Court, which under this Ordinance is to be tried or heard by some other
Court, such suit or appeal shall stand transferred to the Court competent under this Ordinance to
try or hear the same.
(4) (i) The District Judges;
(ii) the Additional Judges, the Joint Judges and the Assistant Judges; and
(iii) the First Class Subordinate Judges, the Second Class Subordinate Judges, the
Subordinate Judges, the Joint Subordinate Judges and Civil Judges;
appointed under any of the enactments repealed under sub-section (1) shall, on the
commencement of this Ordinance, become District Judges, Additional District Judges and Civil
Judges respectively under this Ordinance, and exercise powers and jurisdiction as such.
(5) Notwithstanding the repeal of the enactments mentioned in the Schedule, everything
done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding
commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made
and order issued under any of the provisions of the said enactments shall, if not inconsistent with
the provisions of this Ordinance, continue in force and, so far as may be, be deemed to have
been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or
issued under this Ordinance.
29IV of 1912.
30VIII of 1890.
31Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
THE SCHEDULE
[ENACTMENTS REPEALED]
(See section 28)
Year No. Short title Extent of repeal
1 2 3 4
1918 VI The Punajb Courts Act, 1918. The whole
1918 VI The Punajb Courts Act, 1918, as
applicable to former Bahawalpur
State.
The whole
1926 VII The Sind Courts Act, 1926. The whole
1926 VII The Sind Courts Act, 1926, as
applicable to the District of
Karachi.
The whole,except section 8.
1926 VII The Sind Courts Act, 1926, as
applicable to the District of
Khairpur.
The whole
1931 I The North-West Frontier Province
Courts Regulation, 1930.
The whole
1939 VII The British Baluchistan Courts
Regulation, 1939.
The whole
1952 X The North-West Frontier Province
Courts Act, 1952.
The whole
1952 Dastoor-ul-Amal Diwani, Riasat
Kalat.
The whole
1959 IV The Sind Acts (Extension to
Khairpur District) Ordinance, 1959.
Entry 4 of the First Schedule.
1956 II The Karachi Courts Order, 1956. The whole, except Clause 4(2).
(II of 1962)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CIVIL COURTS
3. Classes of Courts
4. Civil Districts
5. District Judges
6. Additional District Judges
7. Original jurisdiction of District Judges in suits
8. Civil Judges
9. Pecuniary limits of Jurisdiction of Civil Judges
10. Local limits of jurisdiction
11. Power to invest Civil Judges with Small Cause Courts Jurisdiction
12. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings
13. Places of sitting of Courts
14. Control of Courts and Presiding Officers
15. Power to distribute business
16. Delegation of powers by District Judges
CHAPTER III
JURISDICTION IN CIVIL APPEALS
17. Appeals from District Judges or Additional District Judges
18. Appeals from Civil Judges
CHAPTER IV
SUPPLEMENTAL PROVISIONS
19. Continuance of powers of officers
20. Provisions regarding petition-writers
21. Temporary vacancy of office of District Judge
22. Delegation of powers of the District Judge
23. Temporary vacancy of office of Civil Judge
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the
State and its servants in their official capacity
25. List of holidays
26. Seal of the Court
27. Power to frame rules
28. Repeal and savings
SCHEDULE
TEXT
1THE 2[PUNJAB] CIVIL COURTS ORDINANCE, 1962
(II of 1962)
[8th January, 1962]
An
Ordinance
to amend and consolidate the law relating to Civil Courts in the province of 3[the Punajb]
Preamble.— WHEREAS it is expedient to amend and consolidate the law relating to Civil Courts
in the province of 4[the Punjab].
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President, the Governor of
West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and
promulgate the following Ordinance:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the 5[Punjab]
Civil Courts Ordinance, 1962.
(2) It extends to the whole of the province of 6 [the Punjab] except the 7[Tribal Areas].
(3) It shall come into force at once in the Divisions of Bahawalpur, 8[* * *] Lahore, Multan,
9[* * *] Rawalpindi and Sargodha 10[* * *], and in the remaining parts of the province or any specified
area or areas thereof, it shall come into force on such date or dates as Government may, by
notification in the official Gazette, appoint in this behalf.
2. Definitions.— In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that is to say—
(a) “Government” means the 11[Provincial Government of the Punjab];
(b) “High Court” means the High Court of 12[the Punjab];
(c) “Land” means land which is not occupied as the site of any building in a town or
village and is occupied or has been let for agricultural purposes or for purposes
subservient to agriculture or for pasture and includes the sites of buildings and other
structures on such lands;
(d) “land suit” means a suit relating to land or to any right or interest in land;
(e) “prescribed” means prescribed by rules made under this Ordinance;
(f) “small cause” means a suit of the nature cognizable by a Court of Small Causes under
the Provincial Small Cause Courts Act, 188713;
(g) “unclassed suit” means a suit which is neither a small cause nor a land suit; and
(h) “value” used with reference to a suit means the amount or value of the subject
matter of the suit.
CHAPTER II
CIVIL COURTS
1This Ordinance was promulgated by the Governor of West Pakistan on 10th November, 1961; published in the West Pakistan Gazette
(Extraordinary), dated 8th January, 1962, pages 87-96; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
2Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3Ibid.
4Ibid.
5Ibid.
6Ibid.
7Substituted by the West Pakistan Laws (Adaptation) Order, 1964, for “Special Areas”.
8The words “Dera Ismail Khan, Hyderabad, Khairpur, Peshawar, Quetta and the District of Karachi”, deleted by the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974).
9Deleted ibid.
10Deleted ibid.
11Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West Pakistan”.
12Substituted ibid., for “West Pakistan”.
13IX of 1887.
3. Classes of Courts.— Besides the Courts of Small Causes established under the Provincial
Small Cause Courts Act, 188714 and the Courts established under any other enactment for the time
being in force, there shall be the following classes of Civil Courts, namely:-
(a) the Court of the District Judge;
(b) the Court of the Additional District Judge; and
(c) the Court of the Civil Judge.
4. Civil Districts. — For the purposes of this Ordinance, Government may, by notification, divide
the province into civil districts, fix the limits of such districts and determine the headquarters of each
such district.
5. District Judges. — Government shall, in consultation with the High Court, appoint as
many persons as it thinks necessary to be District Judges and post a District Judge to each
district:
Provided that the same person may be appointed to be District Judge of two or more
districts.
6. Additional District Judges. — (1) Government may, in consultation with the High Court,
appoint as many Additional District Judges as may be necessary.
(2) An Additional District Judge shall discharge such functions of a District Judge as the
District Judge may assign to him, and in the discharge of those functions he shall exercise the
same powers as the District Judge.
7. Original jurisdiction of District Judges in suits. — Except as otherwise provided by any
enactment for the time being in force, the Court of the District Judge shall have jurisdiction in
original civil suits without limit as regard the value.
8. Civil Judges. — Government may, in consultation with the High Court—
(a) fix the number of Civil Judges to be appointed;
(b) make rules prescribing qualifications for recruitment of persons as Civil Judges; and
(c) appoint as many Civil Judges as may be deemed necessary.
9. Pecuniary limits of Jurisdiction of Civil Judges. — The jurisdiction to be exercised in
original civil suits as regards the value by any person appointed to be a Civil Judge shall be
determined by the High Court either by including him in a class or otherwise as it thinks fit.
10. Local limits of jurisdiction. — (1) The local limits of the jurisdiction of a Civil Judge shall be
such as the High Court may define.
(2) When the High Court posts a Civil Judge to a district, the local limits of the district
shall in the absence of any direction to the contrary, be deemed to be the local limits of his
jurisdiction.
11. Power to invest Civil Judges with Small Cause Courts Jurisdiction. — The High Court
may, by notification, within such local limits as it thinks fit, confer upon any Civil Judge the
jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act,
188715[15], for the trial of suits, cognizable by such Courts, upto such value not exceeding one
thousand rupees as it thinks fit.
12. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings. —
(1) Notwithstanding anything contained in the Succession Act, 192516, the High Court may, by
general or special order, authorise any Civil Judge to take cognizance of or any District Judge to
transfer to a Civil Judge under his control, any proceedings or class of proceedings under the said
Act.
(2) The District Judge may withdraw any such proceedings taken cognizance of by or
transferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court
under his control competent to dispose of them:
Provided that nothing herein contained shall empower a District Judge to withdraw such
proceedings as have been specifically transferred from his Court by the High Court.
(3) Proceedings taken cognizance of by or transferred to a Civil Judge as the case may
be, under this section, shall be disposed of by him subject to the rules applicable to like
proceedings when disposed of by the District Judge.
13. Places of sitting of Courts. — (1) The High Court may fix the place or places at which
any Court under this Ordinance is to be held.
14[Ibid.
15X of 1887.
16XXXIX of 1925.
(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the
Court.
(3) Except as may be otherwise provided by any order under this section, a Court under
this Ordinance may be held at any place within the local limits of its jurisdiction.
14. Control of Courts and Presiding Officers. — (1) All Civil Courts in the areas to which this
Ordinance extends shall be subordinate to the High Court, and, subject to the general
superintendence and control of the High Court, the District Judge shall have control over all Civil
Courts within the local limits of his jurisdiction.
(2) The posting of Civil Judges shall be made by the High Court.
15. Power to distribute business. — Notwithstanding anything contained in the Code of Civil
Procedure, 190817, every District Judge may by written order direct that any civil business
cognizable by his Court and the Courts under his control shall be distributed among such Courts
in such manner as he thinks fit:
Provided that no direction issued under this section shall empower any Court to exercise
any powers or deal with any business beyond the limits of its jurisdiction.
16. Delegation of powers by District Judges. — A District Judge may, with the previous
sanction of the High Court, delegate, in respect of any specified portion of the district, to any Civil
Judge in the district, his powers under sections 14 and 15 of this Ordinance and the powers of the
District Court under section 24 of the Code of Civil Procedure, 190818, and such powers may be
exercised by such Civil Judge subject to the general control of the District Judge.
CHAPTER III
JURISDICTION IN CIVIL APPEALS
17. Appeals from District Judges or Additional District Judges. — (1) Save as otherwise
provided by any enactment for the time being in force, an appeal from a decree or order of District
Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional District
Judge in any case in which, if the decree or order had been made by the District Judge, an appeal
would not lie to that Court.
18. Appeals from Civil Judges. — (1) Save as aforesaid, an appeal from a decree or order of
a Civil Judge, shall lie—
(a) to the High Court if the value of the original suit in which the decree or order was
made exceeds 19 [20[twenty five] hundred] thousand rupees; and
(b) to the District Judge in any other case.
(2) Where the function of receiving any appeal which lie to the District Judge under the
last preceding sub-section has been assigned to an Additional District Judge, the appeal may be
preferred to the Additional District Judge.
(3) The High Court may, by notification, direct that appeals lying to the District Judge from
all or any of the decrees or orders passed in any original suit by any Civil Judge shall be referred to
such other Civil Judge as may be mentioned in the notification, and the appeals shall thereupon be
preferred accordingly, and the Court of such Civil Judge shall be deemed to be a District Court for the
purposes of all appeals so preferred.
CHAPTER IV
SUPPLEMENTAL PROVISIONS
19. Continuance of powers of officers. — Whenever any person holding an office in the
service of the State who has been invested with any powers under this Ordinance throughout any
local area is transferred or posted at any subsequent time to an equal or higher office of the same
nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise
directed, exercise the same powers in the local area to which he is so transferred or posted.
17V of 1908.
18Ibid.
19Substituted by the Punjab Civil Courts Ordinance (Amendment) Act, 1986 (Act V of 1986).
20Substituted for the word “two” by the Punjab Civil Courts (Amendment) Ordinance, 2002 (LV of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
20. Provisions regarding petition-writers.— The High Court, in consultation with the Board
of Revenue, 21[Punjab], may make rules consistent with this Ordinance and any other enactment
for the time being in force,—
(a) declaring what persons shall be permitted to act as petition-writers in Courts;
(b) regulating the issue of licences to such persons, the conduct of business by them and the
scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated and
the penalties which may be imposed.
21. Temporary vacancy of office of District Judge.— In the event of the death of a District
Judge or of his being prevented from performing his duties by illness or other cause, the Additional
District Judge, if any, or in the absence of the Additional District Judge from the district, the senior
most of the Civil Judges at the headquarters, shall assume charge of the district without interruption of
his ordinary jurisdiction, and while so incharge shall perform the duties of the District Judge with
respect to the filing of suits and appeals, receiving pleadings, execution of processes and the like, and
shall be designated Additional District Judge or Civil Judge, as the case may be, incharge of the
district and shall continue in such charge until the office of the District Judge has been resumed or
assumed by an officer duly appointed thereto.
22. Delegation of powers of the District Judge.— Any District Judge, leaving the headquarters
and proceeding on duty to any place within his jurisdiction or in the event of his absence from the district
on leave may delegate to the Additional District Judge or in the absence of an Additional District Judge
to the senior most of the Civil Judges at the headquarters, the powers of performing any of the duties
enumerated in section 21 that may be emergent; and such officer shall be designated Additional District
Judge or Civil Judge, as the case may be, in charge of the district.
23. Temporary vacancy of office of Civil Judge. — In the event of the death, suspension or
temporary absence of any Civil Judge, the District Judge, may empower any other Civil Judge of
the District to perform the duties of the Judge of the vacated Civil Court, either at the place of
such Court or of his own Court, but in every such case the register and records of the two Courts
shall be kept separately.
24. Civil Courts having unlimited jurisdiction regarding value to try suits against the State
and its servants in their official capacity. — (1) No Civil Court not having jurisdiction in original
suits without limit as regards value and no Court of the Small Causes shall receive, entertain or
register any suit in which Pakistan or any of its provinces or any public officer as defined in clause
(17) of section 2 of the Code of Civil Procedure, 190822, in his official capacity is a party 23[:]
24[* * * * * * * * * * * * ]
(2) In every such case the plaintiff shall be referred to the Court of the Civil Judge
having jurisdiction in original suits without limit as regard value and such suit shall be instituted
only in the Court of such Civil Judge and shall be heard at the headquarters of the district.
(2-A) 25[* * * * * * * * * * * ]
(2-B) 26[[* * * * * * * * * * * ]
(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a
Government Railway or to any suit merely because a public officer is a party thereto, in his
capacity as—
(a) a member of a local authority; or
(b) curator, guardian, manager or representative of a private person or estate in virtue
of an appointment, delegation, declaration of exercise of powers under-
(i) Order XXXII rule 4(4) of the Code of Civil Procedure, 190827,
(ii) section 195 of the Succession Act, 192528;
21[Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
22V of 1908.
23Substituted for the full-stop by the West Pakistan Civil Courts (Amendment) Ordinance, 1963 (XII of 1963).
24[Proviso deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
25Added by the West Pakistan Civil Courts (Amendment) Act, 1963 (XV of 1963), and deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb.
A.O. 1 of 1974).
26Ibid.
27V of 1908.
28XXXII of 1925.
(iii) section 69 or 71 of the Lunacy Act, 191229;
(iv) section 7, 18 or 42 of the Guardians and Ward Act, 189030; or
(v) any provision of any 31[Punjab] enactment relating to Court of Wards.
25. List of holidays. — (1) Subject to such general orders as may be made by Government,
the High Court shall prepare a list of days to be observed in each year as holidays in the Civil
Courts.
(2) Every such list shall be published in the official Gazette.
26. Seal of the Court. — Every Court shall have and use, as the occasion may arise, a
circular seal two inches in diameter bearing round its circumference the title of the Court in
English and Urdu script and in the centre a device and impression of a crescent moon with the
horns pointing upwards surmounted by a star, and the said seal shall be delivered to and kept in
the custody of the presiding officer of the Court.
27. Power to frame rules. — (1) The High Court may, with the approval of Government, frame
rules for the purposes of carrying into effect the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, the High
Court may, with the approval of Government, frame rules for all or any of the following purposes,
namely:-
(a) the supervision of all Civil Courts and their visitation and inspection;
(b) the exercise by the District Judges of the general control vested in them over the Civil
Courts in their respective districts;
(c) the places and times for the holding of Civil Courts;
(d) the fees to be charged for processes issued by the Civil Courts or by any officer of
any such Courts;
(e) the fees payable in any suit or proceeding in any Civil Court by any party in respect
of the fees of the pleader of any other party; and
(f) the manner in which the proceedings of the Civil Courts shall be kept and recorded,
the manner in which the paper books for the hearing of appeal shall be prepared
and the granting of copies.
28. Repeal and savings. — (1) The enactments specified in the Schedule are hereby
repealed to the extent mentioned in the fourth column thereof.
(2) The districts and headquarters of districts existing for the purposes of civil justice
when this Ordinance comes into force shall be deemed to have been made and determined under
this Ordinance.
(3) On the commencement of this Ordinance, if any suit or appeal is pending in the High
Court or any other Civil Court, which under this Ordinance is to be tried or heard by some other
Court, such suit or appeal shall stand transferred to the Court competent under this Ordinance to
try or hear the same.
(4) (i) The District Judges;
(ii) the Additional Judges, the Joint Judges and the Assistant Judges; and
(iii) the First Class Subordinate Judges, the Second Class Subordinate Judges, the
Subordinate Judges, the Joint Subordinate Judges and Civil Judges;
appointed under any of the enactments repealed under sub-section (1) shall, on the
commencement of this Ordinance, become District Judges, Additional District Judges and Civil
Judges respectively under this Ordinance, and exercise powers and jurisdiction as such.
(5) Notwithstanding the repeal of the enactments mentioned in the Schedule, everything
done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding
commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made
and order issued under any of the provisions of the said enactments shall, if not inconsistent with
the provisions of this Ordinance, continue in force and, so far as may be, be deemed to have
been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or
issued under this Ordinance.
29IV of 1912.
30VIII of 1890.
31Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
THE SCHEDULE
[ENACTMENTS REPEALED]
(See section 28)
Year No. Short title Extent of repeal
1 2 3 4
1918 VI The Punajb Courts Act, 1918. The whole
1918 VI The Punajb Courts Act, 1918, as
applicable to former Bahawalpur
State.
The whole
1926 VII The Sind Courts Act, 1926. The whole
1926 VII The Sind Courts Act, 1926, as
applicable to the District of
Karachi.
The whole,except section 8.
1926 VII The Sind Courts Act, 1926, as
applicable to the District of
Khairpur.
The whole
1931 I The North-West Frontier Province
Courts Regulation, 1930.
The whole
1939 VII The British Baluchistan Courts
Regulation, 1939.
The whole
1952 X The North-West Frontier Province
Courts Act, 1952.
The whole
1952 Dastoor-ul-Amal Diwani, Riasat
Kalat.
The whole
1959 IV The Sind Acts (Extension to
Khairpur District) Ordinance, 1959.
Entry 4 of the First Schedule.
1956 II The Karachi Courts Order, 1956. The whole, except Clause 4(2).
No comments:
Post a Comment