Executive Summary: Civil Procedure in Pakistan explained
What this service is
We represent plaintiffs and defendants at every stage of a civil suit: drafting the plaint or written statement, interim applications, evidence, arguments, appeals, revisions and execution. This page explains the process; our civil lawyers page covers the types of dispute we take on.
Who needs it
Anyone who has received a summons, is planning to sue over money, property or a contract, has a decree they cannot enforce, or wants to challenge a judgment. Understanding the process helps clients make sensible decisions about settlement and cost.
Fee basis
Fees depend on the stage, the court and the complexity of evidence, and are quoted after the documents are reviewed. Court fee is fixed by the court-fees law on the value of the relief claimed and is shown separately.
Time it usually takes
A contested civil suit in Pakistan commonly takes from one to several years at trial, and appeals add further time. Interim orders can come within days. Every timeline depends on the court's list and the parties' conduct; none is guaranteed.
How to start
Send the papers you have — notice, plaint, summons or order — on WhatsApp to +92 333 1127830, with the next hearing date if there is one. Deadlines for written statements and appeals are short.
Advocate-led since 1985
Our practice has been advocate-led since 1985, with about seventeen advocates in the network and two Advocates Supreme Court for appellate work. Each file is assessed by a senior advocate before advice is given, and you deal directly with the lawyer handling your matter.
The stages of Civil Procedure in Pakistan at a glance
The table sets out the usual sequence of a civil suit, the main provision of the Code that governs each stage, and an indicative range. Courts and cases vary, so treat the ranges as a guide only.
| Stage | Main provision (CPC 1908) | Indicative range |
|---|---|---|
| Plaint filed | Order VII | Day one |
| Summons served | Order V | Weeks to a few months |
| Written statement | Order VIII | Within the time the court allows |
| Framing of issues | Order XIV | Months after pleadings close |
| Evidence | Order XVIII | Several months to years |
| Arguments and judgment | Order XX | Weeks to months after evidence |
| Execution of decree | Order XXI | Months, depending on assets |
The plaint
A suit begins with a plaint under Order VII, setting out the parties, the facts, the cause of action, the court's jurisdiction, the value of the suit and the relief claimed. Documents relied on are filed with it. A plaint that discloses no cause of action or is barred by law may be rejected under Order VII, rule 11.
Summons and service
The court issues summons to the defendant under Order V. Service may be by bailiff, registered post, courier and, where ordered, publication. Where a defendant cannot be served despite efforts, the court may order substituted service. Delays in service are a common cause of slow progress.
Written statement and default
The defendant answers by written statement under Order VIII, admitting or denying each allegation and raising any legal objections. If the defendant does not appear, the court may proceed ex parte under Order IX; an ex parte decree can be set aside only on sufficient cause.
Interim applications in Civil Procedure in Pakistan
Temporary injunctions
Under Order XXXIX the court can restrain a party from selling, building or acting to the plaintiff's prejudice during the suit, if a prima facie case, balance of convenience and irreparable loss are shown.
Attachment before judgment
Under Order XXXVIII the court may require security or attach property where the defendant is about to dispose of assets to defeat a decree.
Receivers and commissions
The court may appoint a receiver to manage disputed property, or a local commission to inspect a site, record evidence or examine accounts.
Issues and evidence
After pleadings, the court frames issues under Order XIV — the questions of fact and law to be decided. Evidence is then recorded under Order XVIII, usually by affidavit and cross-examination, governed by the Qanun-e-Shahadat Order 1984. The party bearing the burden on an issue leads evidence first.
Arguments, judgment and decree
After evidence, both sides argue the case. The court delivers a judgment under Order XX deciding each issue, followed by a decree that formally records the relief granted. Certified copies of both are needed for any appeal or execution.
Appeals, revision and review
Where a decree concerns immovable property and the case moves to the High Court or Supreme Court, our network page on property lawyers explains how those appeals are handled. If a party dies during the case, the legal heirs must be brought on record, and a succession certificate is often the document that proves who they are.
First appeal
Under section 96, against an original decree, to the District Judge or the High Court depending on value.
Revision
Under section 115, to the High Court for jurisdictional or material irregularity in a subordinate court.
Review
Under section 114 and Order XLVII, to the same court for an error apparent on the face of the record.
Appeal and revision periods are short and counted in days. Civil Procedure in Pakistan does not pause the time for filing while certified copies are awaited, except as the Limitation Act 1908 allows.
Execution of decrees
A decree that is not obeyed is enforced under Order XXI. The decree-holder applies to the executing court, which may attach and sell property, attach bank accounts or salary, or deliver possession. Execution can take as long as the trial if assets are hidden, so early asset information helps.
How Civil Procedure in Pakistan differs in Karachi
In Karachi, the Sindh High Court hears civil suits on its original side above a pecuniary limit fixed by law; smaller suits go to district civil courts. The limit has changed over time, so the current threshold is confirmed before filing. Original-side rules of the High Court also apply.
Before filing: notices, valuation and court fee
Before a plaint is filed, a legal notice is often sent, and a notice under section 80 of the Code is required before suing the government or a public officer in an official capacity. The suit must be valued for jurisdiction and court fee. Under-valuation can lead to the plaint being returned or rejected.
Limitation in Civil Procedure in Pakistan
The Limitation Act 1908 fixes the time within which each type of suit, appeal and application must be filed. Section 3 requires the court to dismiss a time-barred suit even if limitation is not raised as a defence. Section 5 allows delay to be condoned for appeals and certain applications on sufficient cause, but not for suits.
Adjournments and costs
Delay in civil cases often comes from repeated adjournments. The Code allows the court to impose costs on a party seeking an adjournment and to proceed where a party is persistently absent. Clients can help by keeping witnesses and documents ready for each date fixed for evidence.
Compromise and withdrawal
Parties may settle at any stage. Under Order XXIII a lawful compromise can be recorded and a decree passed in its terms, while a plaintiff who withdraws a suit needs the court's permission to file a fresh one on the same claim. Many disputes end this way once the evidence shows each side's real position.
Your role as a party in Civil Procedure in Pakistan
- Give your lawyer complete documents at the start, not mid-trial.
- Attend when the court requires you personally, especially for evidence.
- Keep your address and phone number current so that notices reach you.
- Tell your lawyer at once about any settlement approach.
Why litigants choose us for Civil Procedure in Pakistan
- Advocate-led since 1985, with Supreme Court counsel for appeals.
- Limitation and forum checked before filing.
- Interim relief sought promptly where property or money is at risk.
- A clear explanation of what each hearing achieved.
Related services
Types of civil disputes we handle: civil lawyers in Karachi. Money claims and cheques: recovery suits. Land and inheritance cases: property dispute lawyers.
Frequently asked questions
Which law governs civil cases in Pakistan?
The Code of Civil Procedure 1908 sets the procedure, the Limitation Act 1908 the time limits, and the Qanun-e-Shahadat Order 1984 the rules of evidence. Substantive rights come from laws such as the Contract Act 1872 and the Specific Relief Act 1877.
How long does a civil suit take?
A contested suit commonly takes from one to several years at trial, with appeals adding further time. Interim orders can come much sooner. The court's list, service of summons and the parties' conduct all affect the pace.
What happens if I ignore a summons?
The court may proceed ex parte and pass a decree against you. Setting it aside later requires showing sufficient cause for your absence, within a short limitation period. It is far better to appear and file a written statement.
What is a plaint?
The plaint is the document that starts a civil suit. Under Order VII of the Code it sets out the parties, facts, cause of action, jurisdiction, valuation and the relief claimed. It can be rejected if it discloses no cause of action.
Can I get an order before the case is decided?
Yes. Courts grant interim relief such as temporary injunctions under Order XXXIX and attachment before judgment under Order XXXVIII where the legal tests are met. These orders protect the subject matter while Civil Procedure in Pakistan runs its course.
What are issues in a civil case?
Issues are the specific questions of fact and law the court must decide, framed under Order XIV after the pleadings. Evidence and arguments are then directed to those issues, and the judgment answers each one.
How do I appeal a civil decree?
A first appeal lies under section 96 of the Code to the District Judge or the High Court depending on value. Revision under section 115 and review under section 114 are also available in limited circumstances. Time limits are short.
What if the other side does not obey the decree?
You apply for execution under Order XXI. The court can attach and sell property, attach bank accounts or salary, and deliver possession. Information about the judgment debtor's assets speeds up execution.
Which court will hear my suit in Karachi?
District civil courts hear suits below the pecuniary limit; the Sindh High Court hears suits above it on its original side. Territorial jurisdiction depends on where the defendant lives or where the cause of action arose.
How much does a civil case cost?
Court fee depends on the value of the relief claimed under the court-fees law. Our professional fee depends on the stage, the court and the evidence, and is quoted after the documents are reviewed.
Speak to Karachi Lawyers about Civil Procedure in Pakistan
Karachi Lawyers has practised since 1985 and has about 17 advocates, including two Advocates Supreme Court. Send a WhatsApp message to +92 333 1127830 with your name, a two-line summary of the matter, any deadline or hearing date, and photos of the key documents. We will tell you what the law requires, which documents are missing and what the next step is, and fix an appointment at our Gulistan-e-Jauhar office (Mezzanine Floor, Muneer Mobile Mall, Block 17) or our DHA office (Mezzanine Floor, Main Jami Commercial, Phase 7). We explain the scope of work before you instruct us, and we never promise an outcome we cannot control.
Related services from Karachi Lawyers
Official sources
For reference only. Procedures and charges change; confirm the current position for your own case.
This page gives general information about the law in Pakistan and is not legal advice for your particular case. No outcome, timeline or fee can be guaranteed before your documents and circumstances have been reviewed.
Reviewed by: Syed Akhtar Rizvi, Advocate Supreme Court
Published by: Karachi Lawyers
Last updated: