TEXT

1
THE CODE OF CIVIL PROCEDURE, 1908

(V of 1908)
[21 March 1908]
An
Act
to consolidate and amend the laws relating to the Procedure of the Courts of
Civil Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to
the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:–
PRELIMINARY
1. Short title, commencement and extent.– (1) This Act may be cited
as the Code of Civil Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.
2
[(3) It extends to the whole of Pakistan.]
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context,–

1
This Act was published in the Gazette of India, dated: 21 March 1908, pp. 9-168. For Statement of Objects and Reasons, see
the Gazette of India, 1907, Part V, p. 179; for Report of the Select Committee, see ibid., 1908, Part V, p. 35; and, for
Proceedings in Council, see ibid., 1907, Part VI. p. 135 and ibid., 1908, pp. 8, 12 and 212.
All references in the Act to His Majesty in Council shall be construed as references to the Federal Court, see the Federal Court
(Enlargement of Jurisdiction) Act, 1949 (1of 1950), s. 6.
This Act was extended and was deemed so extended on the 14 October, 1955, to the whole of Pakistan by the Central Laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 read with the Second Schedule.
This Act was amended in the Punjab by the Punjab Relief of Indebtedness Act, 1934 (VII of 1934), Part VIII.
It was extended by notification under Ss. 5and 5A of the Scheduled Districts Act, 1874 (XIV of 1874), to the following scheduled
Districts: -
(1) The Province of Sindh: Bombay Government Gazette, Extraordinary, 1909, Part I and Gazette of India, 1909, Part I, p. 32.
(2) Scheduled District in the Punjab: Gazette of India, 1909, Part I, p. 33.
(3) The Districts of Peshawar, Hazara, Kohat, Bannu and Dera Ismail Khan composing the N.W.F.P (now KPK), ibid., Part II, p.
80.
It was declared to be enforce in Balochistan by the British Balcohistan Laws Regulation, 1913 (II of 1913), s. 3 read with the
First Schedule.
It was also extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and,
applied in the Federated Areas of Balochistan, see Gazette of India 1937, Part I, p. 1499.
It was applied to Phulera in the Excluded Area of Upper Tanawal to the extend the Act is applicable in the N.W.F.P. (now KPK),
see N.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It was also extended to the Excluded Area of Upper Tanawal, other than Phulera, by the N.W.F.P. (Upper Tanwal) Excluded
Area) Laws Regulation, 1950 and declared to be in force in that area with affect from the 1 June 1951, see N.W.F.P Gazette,
Extraordinary, dated: 1 June 1951.
The Act, with certain modification, was applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and
Malakand Protected Area by N.W.F.P Regulation No. 1of 1974.
2
Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June
1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the
Second Schedule: it came into force on 14 October 1955. It was earlier amended by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
 (1) "Code" includes rules:
(2) "decree" means the formal expression of an adjudication which, so
far as regards the Court expressing it, conclusively determines the
rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It
1
shall be deemed to include the rejection of a plaint [,the
determination of any question within section 144 and an order under
rule 60, 98, 99, 101, or 103 of Order XXI], but shall not include–
(a) any adjudication from which an appeal lies as an appeal from
an order, or
(b) any order of dismissal for default.
Explanation.– A decree is preliminary when further proceedings have to be
taken before the suit can be completely disposed of. It is final when such
adjudication completely disposes of the suit. It may be partly preliminary and
partly final:
(3) "decree-holder" means any person in whose favour a decree has
been passed or an order capable of execution has been made:
(4) "district" means the local limits of the jurisdiction of a principal
Civil Court of original jurisdiction (hereinafter called a "District
Court"), and includes the local limits of the ordinary original civil
jurisdiction of a High Court:
(5) "foreign Court" means a Court situate beyond the limits of 2[Pakistan]
which has no authority in 3[Pakistan] and is not established or
continued by 4[the 5[Federal Government] 6[* * * *] ]:
(6) "foreign judgment" means the judgment of a foreign Court:
(7) "Government Pleader" includes any officer appointed by the
7
[Provincial Government] to perform all or any of the functions
expressly imposed by this Code on the Government Pleader and
also any pleader acting under the directions of the Government
Pleader:
(8) "Judge" means the presiding officer of a Civil Court:

Substituted for the words and figures “and the determination of any question within section 47 or section 144” by the Law
1

Reforms Ordinance, 1972 (XII of 1972), s. 2 read with the Schedule.

2
Substituted for the words “the Provinces and the Capital of the Federation" by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
3
Ibid.
4
Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (IV of 1975), published in the
5

Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
6
The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read
with the Schedule.
7
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
 (9) "judgment" means the statement given by the Judge of the grounds of
a decree or order:
(10) "judgment-debtor" means any person against whom a decree has
been passed or an order capable of execution has been made:
(11) "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
sues or is sued in a representative character the person on whom
the estate devolves on the death of the party so suing or sued:
(12) "mesne profits" of property means those profits which the person in
wrongful possession of such property actually received or might
with ordinary diligence have received therefrom, together with
interest on such profits, but shall not include profits due to
improvements made by the person in wrongful possession:
(13) "moveable property" includes growing crops:
(14) "order" means the formal expression of any decision of a Civil Court
which is not a decree:
(15) "pleader" means any person entitled to appear and plead for another
in Court, and includes an advocate, a vakil and an attorney of a High
Court:
(16) "prescribed" means prescribed by rules:
(17) "public officer" means a person falling under any of the following
descriptions, namely:–
(a) every Judge;
1
[(b) Every person in the service of Pakistan;]
(c) every commissioned or gazetted officer in the military, 2[naval
or air] forces of 3[Pakistan while in the service of the State];
(d) every officer of a Court of Justice whose duty it is, as such
officer, to investigate or report on any matter of law or fact, or
to make, authenticate or keep any document, or to take
charge or dispose of any property, or to execute any judicial
process, or to administer any oath, or to interpret, or to
preserve order, in the Court, and every person especially
authorized by a Court of Justice to perform any of such duties;

1
Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of
Pakistan (Extraordinary) dated: 8 July 1981, pp.345-475, s. 3 read with the Second Schedule. The words in crotchets [Civil
Service of Pakistan] were amended by by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented to by
the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read
with the Second Schedule: it came into force on 14 October 1955. They were earlier amended by the Adaptation of Central
Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28
March 1949, pp. 223-283, Article 3 read with the Schedule.
Substituted for the words “or naval” by the Amending Act, 1934 (XXXV of 1934), s. 2 read with the Schedule.
2

The words “His Majesty while serving under the Crown” were amended by the Amending Act, 1934 (XXXV of 1934), s. 2 read
3

with the Schedule. They were A.O., 1937, have been Substituted by A.O., 1961, Art, 2and Sch. (with effect from the 23rd
March, 1956.)
 (e) every person who holds any office by virtue of which he is
empowered to place or keep any person in confinement;
1
(f) every officer of [the Government] whose duty it is, as such
officer, to prevent offences, to give information of offences, to
bring offenders to justice, or to protect the public health,
safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive,
keep or expend any property on behalf of 2[the Government],
or to make any survey, assessment or contract on behalf of
3
[the Government], or to execute any revenue-process, or to
investigate, or to report on, any matter affecting the pecuniary
4
interests of [the Government], or to make, authenticate or
keep any document relating to the pecuniary interests of
5
[the Government] or to prevent the infraction of any law for
the protection of the pecuniary interests of 6[the
Government]; and
(h) every officer in the service or pay of 7[the Government], or
remunerated by fees or commission for the performance of
any public duty:
(18) "rules" means rules and forms contained in the First Schedule or
made under section 122 or section 125:
(19) "share in a corporation" shall be deemed to include stock,
debenture stock, debentures or bonds: and
(20) "signed," save in the case of a judgment or decree, includes stamped.
3. Subordination of Courts.– For the purposes of this Code, the District Court is
subordinate to the High Court, and every Civil Court of a grade inferior to that of
a District Court and every 8[ Court of Small Claims and Minor Offences] is
subordinate to the High Court and District Court.
4. Savings.– (1) In the absence of any specific provision to the contrary,
nothing in this Code shall be deemed to limit or otherwise affect any special or local
law now in force or any special jurisdiction or power conferred, or any special form
of procedure prescribed, by or under any other law for the time being in force.
(2) In particular and without prejudice to the generality of the proposition
contained in sub-section (1), nothing in this Code shall be deemed to limit or
1
Substituted for the words "the Crown" by the Central Laws Adaption Order, 1961 (P.O. No. 1 of 1961), published in the
Gazette of Pakistan (Extraordinary), dated 24 January 1961, pp. 102-174, Article 2 read with the Schedule: it came into force
on 23 March 1956. They were earlier substituted for the words “the Government” by the Government of India (Adaptation of
Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with
the First Schedule.
2
Ibid.
3
Ibid.
4
Ibid.
5
Ibid.
6
Ibid.
7
Ibid.
8
Substituted for the words “Court of Small Causes” by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of
2018), published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 2.
otherwise affect any remedy which a land-holder or landlord may have under any
law for the time being in force for the recovery of rent of agricultural land from the
produce of such land.
5. Application of the Code to the Revenue Courts.– (1) Where any
Revenue Courts are governed by the provisions of this Code in those
matters of procedure upon which any special enactment applicable to them is
1 2
silent, the [Provincial Government] , [* * * * * * * * * *] may, by notification in the
3
[official Gazette], declare that any portions of those provisions which are not
expressly made applicable by this Code shall not apply to those Courts, or
4
shall only apply to them with such modifications as the [Provincial Government]
5
[* * * * ] may prescribe.
(2) "Revenue Court" in sub-section (1) means a Court having
jurisdiction under any local law to entertain suits or other proceedings relating to
the rent, revenue or profits of land used for agricultural purposes, but does not
include a Civil Court having original jurisdiction under this Code to try such suits
or proceedings as being suits or proceeding of a civil nature.
6. Pecuniary Jurisdiction.– Save in so far as is otherwise expressly
provided, nothing herein contained shall operate to give any Court jurisdiction
over suits the amount or value of the subject-matter of which exceeds the
pecuniary limits (if any) of its ordinary jurisdiction.
6 [7. Provincial Small Cause Courts.– * * * * * * * ]
7
[8. Presidency Small Cause Courts.– * * * * * * * ]

PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND RES JUDICATA
9. Courts to tr y all civil suits unless barred.– The Courts shall (subject
to the provisions herein contained) have jurisdiction to try all suits of a civil nature
excepting suits of which their cognizance is either expressly or impliedly barred 8[or
for which a general or a special law is in force].

1
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
2
The words “with the previous sanction of the Governor General in Council” were omitted by the Devolution Act, 1920 (XXXVIII
of 1920), s. 2 read with the First Schedule.
3
Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
4
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
5
The words “with the sanction aforesaid” were omitted by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 read with the First
Schedule.
6
Omitted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 3.
7
Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
8
Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 4.
 Explanation.– A suit in which the right to property or to an office is
contested is a suit of a civil nature, notwithstanding that such right may depend
entirely on the decision of questions as to religious rites or ceremonies.
10. Stay of suit.– No Court shall proceed with the trial of any suit in which the
matter in issue is also directly and substantially in issue in a previously instituted
suit between the same parties, or between parties under whom they or any of
them claim litigating under the same title where such suit is pending in the same or
1
any other Court in [Pakistan] having jurisdiction to grant the relief claimed, or in
2 3
any Court beyond the limits of [Pakistan] established or continued by [the
4 5 6
[Federal Government] [* * *] ] and having like jurisdiction, or before [the
Supreme Court].
Explanation.– The pendency of a suit in a foreign Court does not
7
preclude the Courts in [Pakistan] from trying a suit founded on the same cause
of action.
11. Res judicata.– No Court shall try suit or issue in which the matter directly
and substantially in issue has been directly and substantially in issue in a former
suit between the same parties, or between parties under whom they or any of
them claim, litigating under the same title, in a Court competent to try such
subsequent suit or the suit in which such issue has been subsequently raised,
and has been heard and finally decided by such Court.
Explanation I.– The expression "former suit" shall denote a suit which has
been decided prior to the suit in question whether or not it was instituted prior
thereto.
Explanation II.– For the purposes of this section, the competence of a
Court shall be determined irrespective of any provisions as to a right of appeal
from the decision of such Court.

1
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
2
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
3
Substituted for the words “the Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (IV of 1975), published in the
4

Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
5
The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the
Schedule.
6
Substituted for the words “His Majesty in Council” by the Central Laws Adaption Order, 1961 (P.O. No. 1 of 1961), published
in the Gazette of Pakistan (Extraordinary), dated 24 January 1961, pp.102-174, Article 2 read with the Schedule: it came into
force on 23 March 1956.
7
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
 Explanation III.– The matter above referred to must in the former suit
have been alleged by one party and either denied or admitted, expressly or
impliedly, by the other.
Explanation IV.– Any matter which might and ought to have been made
ground of defence or attack in such former suit shall be deemed to have been a
matter directly and substantially in issue in such suit.
Explanation V.– Any relief claimed in the plaint, which is not expressly
granted by the decree, shall, for the purposes of this section, be deemed to have
been refused.
Explanation VI.– Where persons litigate bona fide in respect of a public
right or of a private right claimed in common for themselves and others, all
persons interested in such right shall, for the purposes of this section, be
deemed to claim under the persons so litigating.
12. Bar to further suit.– 1[(1)] Where a plaintiff is precluded by rules from
instituting a further suit in respect of any particular cause of action, he shall not be
entitled to institute a suit in respect of such cause of action in any Court to which
this Code applies.
2
[(2) Where a person challenges the validity of a judgment, decree or
order on the plea of fraud, mis-representation or want of jurisdiction, he shall
seek his remedy by making an application to the Court which passed the final
judgment, decree or order and not by a separate suit.]
[(3) For purposes of the disposal of an application under subsection (2), the
3

Court may, in the interest of expeditious disposal, apply such fair procedure as the
circumstances of the case warrant, and shall, unless, for reasons to be recorded it
directs otherwise, order any fact to be proved or disproved by affidavit.]
13. When foreign judgment not conclusive.– A foreign judgment shall be
conclusive as to any matter thereby directly adjudicated upon between the
same parties or between parties under whom they or any of them claim litigating
under the same title except __
(a) where it has not been pronounced by a Court of competent
jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on
an incorrect view of international law or a refusal to recognise the
law of 4[Pakistan] in cases in which such law is applicable;

1
S.12 was re-numbered as sub-section (1) of that section by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of
1980), s. 2.
2
Added by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), s. 2.
3
Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 5.
4
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
 (d) where the proceedings in which the judgment was obtained are
opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in
1
[Pakistan].
14. Presumption as to foreign judgment.– The Court shall presume, upon
the production of any document purporting to be a certified copy of a foreign
Judgment, that such Judgment was pronounced by a Court of competent
Jurisdiction, unless the contrary appears on the record; but such presumption may
be displaced by proving want of jurisdiction.
PLACE OF SUING
15. Court in which suits to be instituted.– Every suit shall be instituted in
the Court of the lowest grade competent to try it.
16. Suits to be instituted where subject-matter situate.– Subject to
the pecuniary or other limitations prescribed by any law, suits–
(a) for the recovery of immoveable property with or without rent or profits,
(b) for the partition of immoveable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or
charge upon immoveable property,
(d) for the determination of any other right to or interest in immoveable
property,
(e) for compensation for wrong to immoveable property,
(f) for the recovery of moveable property actually under distraint or
attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the
property is situate, 2[or, in the case of suits referred to in clause (c), at the
place where the cause of action has wholly or partly arisen]:
Provided that a suit to obtain relief respecting, or compensation for wrong to,
immoveable property held by or on behalf of the defendant may, where the relief
sought can be entirely obtained through his personal obedience, be instituted
either in the Court within the local limits of whose jurisdiction the property is
situate 3[,or, in the case of suit referred to in clause (c), at the place where the
cause of action has wholly or partly arisen], or in the Court within the local
limits of whose jurisdiction the defendant actually and voluntarily resides, or
carries on business, or personally works for gain.

1
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
2
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (44 of 1962), s. 6.
3
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (44 of 1962), s. 6.
 Explanation.– In this section "property" means property situate in
1
[Pakistan].
17. Suits for immoveable property situate within jurisdiction of
different Courts.– Where a suit is to obtain relief respecting, or compensation
for wrong to, immoveable property situate within the jurisdiction of different
Courts, the suit may be instituted in any Court within the local limits of whose
jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the suit, the
entire claim is cognizable by such Court.
18. Place of institution of suit where local limits of jurisdiction, of
Courts are uncertain.– (1) Where it is alleged to be uncertain within the local
limits of the jurisdiction of which of two or more Courts any immoveable property
is situate, any one of those Courts may, if satisfied that there is ground for the
alleged uncertainty, record a statement to that effect and thereupon proceed to
entertain and dispose of any suit relating to that property, and its decree in the suit
shall have the same effect as if the property were situate within the local limits of
its Jurisdiction:
Provided that the suit is one with respect to which the Court is competent as
regards the nature and value of the suit to exercise Jurisdiction.
(2) Where a statement has not been recorded under sub-section (1),
and an objection is taken before an appellate or revisional Court that a decree
or order in a suit relating to such property was made by a Court not having
jurisdiction where the property is situate, the appellate or revisional Court shall not
allow the objection unless in its opinion there was, at the time of the institution of
the suit, no reasonable ground for uncertainty as to the Court having jurisdiction
with respect thereto and there has been a consequent failure of justice.
19. Suits for compensation for wrongs to person or moveables.– Where a
suit is for compensation for wrong done to the person or to moveable property, if
the wrong was done within the local limits of the jurisdiction of one Court and the
defendant resides, or carries on business, or personally works for gain, within the
local limits of the jurisdiction of another Court, the suit may be instituted at the
option of the plaintiff in either of the said Courts.
Illustrations
2 3
(a) A, residing in [Karachi], beats B in [Quetta]. B may sue A
either in [Quetta] or 1[Karachi].
4

1
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
2
Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented to by the
President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read
with the Second Schedule: it came into force on 14 October 1955.
3
Substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented to by the
President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read
with the Second Schedule: it came into force on 14 October 1955.
4
Substituted for the word “Calcutta” by the Federal Laws (Revision and Declaration) Ordinance, 1981(27of 1981), s.3and 2nd
Sch., for “Dacca” which had been Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented
 2 3
(b) A, residing in [Karachi] publishes in [Quetta] statements defamatory
4 5
of B. B may sue A either in [Quetta] or in [Karachi].
20. Other suits to be instituted where defendants reside or cause of action
arises.– Subject to the limitations aforesaid, every suit shall be instituted in a
Court within the local limits of whose jurisdiction__
(a) the defendant, or each of the defendants where there are more than
one, at the time of the commencement of the suit, actually and
voluntarily resides, or carries on business, or personally works for
gain; or
(b) any of the defendants, where there are more than one, at the time of
the commencement of the suit, actually and voluntarily resides, or
carries on business, or personally works for gain, provided that in
such case either the leave of the Court is given, or the defendants
who do not reside, or carry on business, or personally work for
gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation I.– Where a person has permanent dwelling at one place
and also a temporary residence at another place, he shall be deemed to
reside at both places in respect of any cause of action arising at the place
where he has such temporary residence.
Explanation II.– A corporation shall be deemed to carry on business at its
sole or principal office in 6[Pakistan] or, in respect of any cause of action arising at
any place where it has also a subordinate office, at such place.
Illustrations
(a) A is a tradesman in [Lahore]. B carries on business in 8[Karachi]. B,
7

by his agent in 9[Lahore], buys goods of A and requests A to deliver them to the

to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3
read with the Second Schedule: it came into force on 14 October 1955.
Substituted ibid., for the word “Delhi”.
1

2
Ibid.
Substituted ibid., for the word “Calcutta”.
3

4
Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 read
with the Second Schedule. It was earlier substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
5
Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented to by the
President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read
with the Second Schedule: it came into force on 14 October 1955.
6
Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
7
Substituted for the word “Calcutta” by the Federal laws (Revision and Declaration) Ordinance, 1981(27of 1981) s. 3and
Second Sch., for “Dacca” which had been Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960),
assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp.
725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
Substituted ibid., for the word “Delhi”.
8

Substituted ibid., for the word “Calcutta”.

9
1 2
[Pakistan International Airways]. A delivers the goods accordingly in [Lahore]. A
3
may sue B for the price of the goods either in [Lahore] where the cause of action
4
has arisen, or in [Karachi], where B carries on business.
(b) A resides at 5[Murree], B at 6[Lahore] and C at 7[Karachi]. A, B
8
and C being together at [Bahawalpur], B and C make a joint promissory note
9
payable on demand, and deliver it to A. A may sue B and C [Bhawalpur,] where
10
the cause of action arose. He may also sue them at [Lahore], where B resides, or
11
at [Karachi], where C resides; but in each of these cases, if the non-resident
defendant objects, the suit cannot proceed without the leave of the Court.
21. Objections to jurisdiction.– No objection as to the place of suing shall
be allowed by any appellate or revisional Court unless such objection was
taken in the Court of first instance at the earliest possible opportunity and in all
cases where issues are settled at or before such settlement, and unless there has
been a consequent failure of justice.
22. Power to transfer suits which may be instituted in more than one Court.–
Where a suit may be instituted in any one of two or more Courts and is instituted
in one of such Courts, any defendant, after notice to the other parties, may, at
the earliest possible opportunity and in all cases where issues are settled at or
before such settlement, apply to have the suit transferred to another Court, and
the Court to which such application is made, after considering the objections of
the other parties (if any), shall determine in which of the several Courts having
jurisdiction the suit shall proceed.

1
Substituted ibid., for the words “East India Railway Company”.
2
Substituted for the word “Dacca” by the Federal laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) s. 3 read
with the Second Schedule. It was earlier substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
3
Ibid.
4
Substituted for the word “Delhi” by the Federal laws (Revision and Declaration) Ordinance, 1981(27of 1981) s. 3and Second
Sch., for “Dacca” which had been Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented
to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3
read with the Second Schedule: it came into force on 14 October 1955.
Substituted ibid., for the word “Simla”.
5

6
Substituted for the word “Dacca” by the Federal laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) s. 3 read
with the Second Schedule. It was earlier substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
7
Substituted for the word “Delhi” by the Federal laws (Revision and Declaration) Ordinance, 1981(27of 1981) s. 3and Second
Sch., for “Dacca” which had been Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented
to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3
read with the Second Schedule: it came into force on 14 October 1955.
Substituted ibid., for the word “Benares”.
8

9
Ibid.
Substituted for the word “Dacca” by the Federal laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) s. 3 read
10

with the Second Schedule. It was earlier substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated:
9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
11
Substituted for the word “Delhi” by the Federal laws (Revision and Declaration) Ordinance, 1981(27of 1981) s. 3and Second
Sch., for “Dacca” which had been Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented
to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3
read with the Second Schedule: it came into force on 14 October 1955.
23. To what Court application lies.– (1) Where the several Courts
having jurisdiction are subordinate to the same Appellate Court, an
application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts
but to the same High Court, the application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the
application shall be made to the High Court within the local limits of whose
jurisdiction the Court in which the suit is brought is situate.
24. General power of transfer and withdrawal.– (1) On the application of
any of the parties and after notice to the parties and after hearing such of them as
desire to be heard, or of its own motion without such notice, the High Court or the
District Court may at any stage–
(a) transfer any suit, appeal or other proceeding pending before it for
trial or disposal to any Court subordinate to it and competent to try or
dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court
subordinate to it, and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate
to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which
it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn
under sub-section (1), the Court which thereafter tries such suit may, subject to
any special directions in the case of an order of transfer, either retry it or proceed
from the point at which it was transferred or withdrawn.
(3) For the purposes of this section, Courts of Additional and Assistant
Judges shall be deemed to be subordinate to the District Court.
1
[(4) * * * * * * * * * * * ]
2
[24A. Appearance of parties on transfer of suits, etc.– (1) Where any suit
is transferred under section 22, or any suit, appeal or other proceeding is
transferred or withdrawn under sub-section (1) of section 24 on the application of
a party, the Court ordering the transfer or withdrawal shall fix a date for the
appearance of the parties before itself, if the suit, appeal or other proceeding is
to be tried or disposed of by itself, or before the Court to which the case is so
transferred.
(2) Where any suit, appeal or other proceeding is transferred from one
Court to another, otherwise than on the application of a party, the parties thereto
shall appear before the Court from which the suit, appeal or other proceedings is
to be transferred, on the day already fixed for their appearance before that
Court, and such Court shall then communicate the order of transfer to such parties

1
Omitted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 6.
2
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (44 of 1962), s. 7.
and direct them to appear before the Court to which the suit, appeal or other
proceeding is to be transferred, either on the same day, or on such earliest day
as may be reasonable having regard to the distance at which the other Court is
located.]
1
[25. Power of 2[ Provincial Government] to transfer suits.– * * * ]
INSTITUTION OF SUITS
26. Institution of suits.– Every suit shall be instituted by the presentation
of a plaint or in such other manner as may be prescribed.
SUMMONS AND DISCOVERY
27. Summons to defendant.– Where a suit has been duly instituted, a
summons may be issued to the defendant to appear and answer the claim and
may be served in manner prescribed.
28. Service of summons where defendant resides in another province.–
(1) A summons may be sent for service in another province to such Court and in
such manner as may be prescribed by rules in force in that province.
(2) The Court to which such summons is sent shall, upon receipt
thereof, proceed as if it had been issued by such Court and shall then return the
summons to the Court of issue together with the record (if any) of its proceedings
with regard thereto.
3
[29. Service of foreign summonses.– Summonses 1[and other processes]
issued by any Civil or Revenue Court situate 2[outside Pakistan] may be sent to the
1
Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), assented to by the President on 7 June 1960
and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it
came into force on 14 October 1955.
2

3
Provision of s. 29 was applied to—
(i) the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital of
the Federation are concerned, see Gazette of Pakistan, 1949, Part. I, p. 258 and ibid., Part II A, p. 68;
(ii) all Civil and Revenue Courts of India; and, service by any Civil or Revenue Court of India of any summons issued under the
Code of Civil Procedure, 1908, by a Court of the Province of Sind shall be deemed to be valid, see Sind Government Gazette,
Extraordinary, dated: 3 July 1952, Part I, p. 437;
(iii) all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in
the N.W.F.P (now KPK), Baluchistan or Karachi shall be deemed to be valid service, see N.W.F.P Government Gazette, 1952,
Part I , p. 248 and Gazette of Pakistan 1952, Part I, p. 119 and ibid., Part VI, p. 126;
(iv) all Civil and Revenue Courts in India; and, that service by such Courts of any summons issued under the said Code by a
Court in Khairpur State shall be deemed to be valid service, see Khairpur State Gazette, Extraordinary, 1952, dated: 18
September 1952;
(v) all Civil and Revenue Courts in India; and, service by such Courts of any summons issued under the said Code by a Court
in the Bahawalpur State shall be deemed to be valid service, see Bahawalpur Government Gazette, dated: 2 October 1952;
(vi) all Civil and Revenue Courts of India; and, service by any civil or Revenue Court in India, within whose jurisdiction the
person to be served resides of any summons issued by a Court under the said Code shall be deemed to be valid service, see
Punjab Gazette, Extraordinary, 1951, dated: 1 September 1951, p. 1743;
(vii) all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and, service by such Courts of any
summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service, see Gazette of Pakistan,
Extraordinary, 1954, p. 1873;
(viii) all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and, service by such Courts of any summons
issued under the said Code by a Court in Karachi shall be deemed to be valid service, see Gazette of Pakistan, Extraordinary,
1954, p. 1997;
(ix) all Civil and Revenue Courts of the Union of Burma; and, service by such Courts of Summons issued under the said Code
by a Court in East Bengal shall be deemed to be valid service, see Dacca Gazette, Extraordinary, dated: 18 October 1954, Part
I, p. 3053;
 3 4
Courts [in Pakistan] and served as if they [were summonses] issued by such
Courts:
5 6
[Provided that the Courts issuing such summonses [or processes]
have been established or continued by the authority of the 7[Federal
8 9
Government] [ * * * * * ] or that the Provincial Government [of the Province in
which such summonses or processes are] to be served has by notification in the
10
official Gazette declared the provisions of this section to apply to [such Courts].]
30. Power to order discovery and the like.– Subject to such conditions and
limitations as may be prescribed, the Court may, at any time, either of its own motion
or on the application of any party,–

(x) all Civil and Revenue Courts of the Union of Burma; and, service by such Courts of any summons issued under the said
Code by a Court in the N.W.F.P (now KPK), shall be deemed to be valid service, see N.W.F.P, Gazette, 1954, Part I, p. 523;
(xi) all Civil and Revenue Courts of the Union of Burma; and, service by such Courts of any summons issued under the said
Code by a Court in the Province of Punjab, shall be deemed to be valid service, see Gazette of Punjab, 1954, Part I, p. 843;
(xii) all Civil and Revenue Courts of the Union of Burma; and, service by such Courts of any summons issued under the said
Code by a Court in the Province of Sind, shall be deemed to be valid service w.e.f. 18 October 1954, see Gazette of Sind,
1954, Part I, p. 940;
(xiii) all Civil and Revenue Courts in the Federal Republic of Germany; and, service by such Courts of summons issued under
the said Code by a Court in Baluchistan shall be deemed to be valid service, see Gazette of Pakistan 1955, Part I, p. 126;
(xiv) the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and
served as if they had been issued by such Courts, see Gazette of Pakistan, 1955, Part I, p. 143;
(xv) service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be
valid service, see Gazette of Pakistan, 1955, Part I, p. 143;
(xvi) all Civil and Revenue Courts in the Federal Republic of Germany, service by such Courts of any summons issued under
the said Code by a Court in Karachi, shall be deemed to be valid service, w.e.f. 1 June 1955, see Gazette of Pakistan, 1955,
Part VI, p. 102;
(xvii) all Civil and Revenue Courts in the Federal Republic of Germany; and, service by such Courts of any summons issued
under the said Code by a Court in the Province of East Bengal shall be deemed to be valid service, see Dacca Gazette, 1955,
Part I, p. 1051; and
(xviii) all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.P.C.) by a Court
in the Province of West Pakistan shall be deemed to be valid service, see West Pakistan Gazette, Extraordinary, 1959, p. 843.
1
Inserted by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940).
2
The original words “beyond the limits of British India” were amended by the Central Laws (Statute Reform) Ordinance, 1960
(XXI of 1960), assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9
June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier
substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
3
The original words “in British India” were amended by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960),
assented to by the President on 7 June 1960 and published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp.
725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier substituted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan
(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
Substituted for the words “had been” by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940), s. 2(1)(a)(ii).
4

5
Substituted for the original proviso by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6
Inserted by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940), s. 2(1)(b)(i).
Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (IV of 1975), published in the
7

Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
8
The words “or of the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read
with the Schedule.
9
Substituted for the words “by whose Courts a summons is” by Act 34 of 1940, s. 2(1)(b)(ii). The substitution with the omission
of the words “or processes” is to be deemed to have taken effect w.e.f 1 April 1937.
Substituted ibid., s. 2(1)(b)(iii), for the words “Courts of the Province”. The substitution is to be deemed to have taken effect
10

on 1 April 1937.
 (a) make such orders as may be necessary or reasonable in all matters
relating to the delivery and answering of interrogatories, the
admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other
material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either
to give evidence or to produce documents or such other objects as
aforesaid;
[(c)
1
order any fact to be proved or disproved by affidavit.]

31. Summons to witness.– The provisions in sections 27, 28 and 29 shall

apply to summonses to give evidence or to produce documents or other material
objects.
32. Penalty for default.– The Court may compel the attendance of any
person to whom a summons has been issued under section 30 and for that
purpose may–
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding 2[two thousand] rupees;
(d) order him to furnish security for his appearance and in
default commit him to 3[* * *] prison.

JUDGMENT AND DECREE

[33. Judgment and decree.– The Court, after the case has been heard, shall
4

pronounce judgment maximum within fifteen days and on such judgment a decree
shall follow simultaneously.]
INTEREST
34. Interest.– (1) Where and in so far as a decree is for the payment of
money, the Court may, in the decree, order interest at such rate as the Court
deems reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged on such
principal sum for any period prior to the institution of the suit, with further interest at
such rate as the Court deems reasonable on the aggregate sum so adjudged,
from the date of the decree to the date of payment, or to such earlier date as the
Court thinks fit.
(2) Where such a decree is silent with respect to the payment of further
interest on such aggregate sum as aforesaid from the date of the decree to the

1
Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 7.
2
Substituted for the words “five hundred” by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on
27 July 1994 and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 6.
The words “the civil” were omitted ibid.
3

4
Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 8.
date of payment or other earlier date, the Court shall be deemed to have refused
such interest, and a separate suit therefore shall not lie.
1
[34A. Interest on public dues.– (1) Where the Court is of opinion that a suit
was instituted with intent to avoid the payment of any public dues payable by the
plaintiff or on his behalf, the Court may, while dismissing such suit, make an order
for payment of interest on such public dues at the rate of two per cent, above the
prevailing bank rate.
(2) Where the court is of opinion that the recovery of any public
dues from the plaintiff was unjustified, the Court may, while disposing of the suit,
make an order for payment of interest on the amount recovered at the rate of two
per cent, above the prevailing bank rate.
Explanation.– In this section.–
(a) "bank rate" means the bank rate determined and made public under
the provisions of the State Bank of Pakistan Act, 1956 (XXXIII of
1956) ; and
(b) "public dues" includes the dues of any bank owned by the Federal
Government or of any corporation or undertaking owned or controlled
by the Federal Government or a Provincial Government or of any
local authority.]
2
[34B. Interest, etc. on dues of banking company.– Where and in so far
as a decree is for payment of money due to a banking company in repayment of
a loan advanced by it, the Court shall, in the decree, provide for interest or return,
as the case may be, on the judgment debt from the date of decree till payment-
(a) in the case of interest-bearing loans, for interest at the contracted
rate or at the rate of two per cent above the bank rate, whichever is
the higher;
(b) in the case of loans given on the basis of mark-up in price, lease,
hire-purchase or service charges, for the contracted rate of mark-up,
rental, hire or service charges, as the case may be, or at the latest
rate of the banking company for similar loans, whichever is the
higher; and
(c) in the case of loans given on the basis of participation in profit and
loss, for return at such rate, not being less than the annual rate of
profit for the preceding six months paid by the banking company on
term deposits of six months accepted by it on the basis of
participation in profit and loss, as the court may consider just
and reasonable in the circumstances of the case, keeping in
view the profit-sharing agreement entered into between the
banking company and the judgement debtor when the loan was
contracted.
Explanation.– In this section in clause (a), "bank rate" has the same meaning as
in section 34A.]

1
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1980 (10 of 1980) s. 3.
2
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1980 (63 of 1980), s. 2.
 COSTS
1
35. Costs.– [(1) Subject to such conditions and limitations, as may be
prescribed, and to the provisions of law for the time being in force, the costs
of an incident to all suits and other proceedings in the suit including
execution proceedings, shall follow the event, and the Court shall have full
power to determine by whom or out of which property and to what extent
such costs are to be paid, and to give all necessary directions for the
purpose aforesaid.
(1a) The fact that the Court has no jurisdiction to try the suit shall
be no bar to exercising the powers under subsection (1).]
(2) Where the Court directs that any costs shall not follow the event,
the Court shall state its reasons in writing.
(3) The Court may give interest on costs at any rate not exceeding six
per cent. per annum, and such interest shall be added to the costs and shall be
recoverable as such.
2
[35A. Compensatory costs in respect of false or vexatious claims or
defences.– (1) If in any suit or other proceeding, 3[(including an execution
proceeding)], not being an appeal, any party objects to the claim or defence on
the ground that the claim or defence or any part of it is, as against the
objector, false or vexatious to the knowledge of the party by whom it has been
put forward, and if thereafter, as against the objector, such claim or defence is
disallowed, abandoned or withdrawn in whole or in part, the Court, if the
objection has been taken at the earliest opportunity and if it is satisfied of the
justice thereof, may, after recording its reasons for holding such claim or defence
to be false or vexatious, make an order for the payment to the objector by the
party by whom such claim or defence has been put forward, of costs by way of
compensation.
(2) No Court shall make any such order for the payment of an amount
exceeding 4[one hundred thousand] rupees or exceeding the limits of its pecuniary
jurisdiction, whichever amount is less:
5
[* * * * * * * * * * * * ]
6
Provided [* * *] that the High Court may limit the amount which any Court
or class of Courts is empowered to award as costs under this section.

1
Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette
(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 9.
2
Inserted by s. 2 of the Civil Procedure (Amendment) Act, 1922 (IX of 1922), which, under section 1(2) thereof, may be brought
into force in any Province by the Provincial Government on any specified date. It has been so brought into force in Punjab and
Sind.
3
Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (44 of 1962), s. 9, as amended by the Code of Civil
Procedure (Amendment) Act, 1963 (III of 1963), s. 3.
4
Substituted for the words “twenty- five thousand” by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018),
published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 10. They were earlier substituted for
the words “five thousand” by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July 1994
and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 7.
5
The first proviso was omitted ibid.
The expression “, further,” was omitted ibid.
6
 (3) No person against whom an order has been made under this section
shall, by reason thereof, be exempted from any criminal liability in respect of any
claim or defence made by him.
(4) The amount of any compensation awarded under this section in
respect of a false or vexatious claim or defence shall be taken into account in
any subsequent suit for damages or compensation in respect of such claim or
defence.]
PART II
EXECUTION
GENERAL
36. Application to orders.– The provisions of this Code relating to the
execution of decrees shall, so far as they are applicable, be deemed to apply to
the execution of orders.
37. Definition of Court which passed a decree.– The expression "Court
which passed a decree," or words to that effect, shall, in relation to the execution
of decrees, unless there is anything repugnant in the subject or context, be
deemed to include,–
(a) where the decree to be executed has been passed in the exercise
of appellate jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have
jurisdiction to execute it, the Court which, if the suit wherein the
decree was passed was instituted at the time of making the
application for the execution of the decree, would have jurisdiction to
try such suit.
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.– A decree may be
executed either by the Court which passed it, or by the Court to which it is sent
for execution.
39. Transfer of decree.– (1) The Court which passed a decree may, on
the application of the decree-holder, send it for execution to another Court,__
(a) if the person against whom the decree is passed actually and
voluntarily resides or carries on business, or personally works
for gain, within the local limits of the jurisdiction of such other
Court, or
(b) if such person has not property within the local limits of the
jurisdiction of the Court which passed the decree sufficient to
satisfy such decree and has property within the local limits of
the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immoveable
property situate outside the local limits of the Jurisdiction of
the Court which passed it, or
(d) if the Court which passed the decree considers for any other
reason, which it shall record in writing, that the decree should
be executed by such other Court.