1. Short title, extent and commencement

1. This Act may be cited as the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025.
2. It extends to the whole of the Punjab.
3. It shall come into force at once.

2. Definitions

In this Act:

1. “code” means the Code of Civil Procedure, 1908 (V of 1908);
2. “Government” means Government of the Punjab;
3. “Overseas Pakistani” means any person holding a Pakistani passport, computerized national identity card (CNIC), National Identity Card for Overseas Pakistanis (NICOP), Pakistan Origin Card (POC) or Overseas Pakistani Foundation (OPF) membership card proving his nationality and who is living, working or studying abroad permanently or temporarily for more than one hundred and eighty-two (182) days in a tax year;
4. “petitioner”, for the purpose of filing a petition before a special court, means the overseas Pakistani or anyone authorized by him in that behalf;
5. “prescribed” means prescribed by rules;
6. “property” means immoveable property as defined in the Registration Act, 1908 (XVI of 1908);
7. “rules” means rules made under this Act; and
8. “special court” means the special court established or designated as such under this Act.

3. Establishment of special court, etc.

1. The Government may, by notification in the official Gazette, establish, in consultation with the Chief Justice of the Lahore High Court, as many special courts in the Punjab as it may deem necessary to try petitions filed by overseas Pakistanis in relation to their immovable properties, and where more than one special court is established, the notification shall specify the jurisdiction of each such special court.
2. The Government may, in consultation with the Chief Justice of the Lahore High Court, appoint any person as a judge of the special court who is or has been a district judge or an additional district judge, or who is or has been an advocate of the High Court for a period of not less than ten years and is not more than sixty-five years of age at the time of appointment as such judge.
3. In addition to or in lieu of establishment of the special court under sub-section (1), the Government may, in consultation with the Chief Justice of the Lahore High Court and by notification in the official Gazette, designate in the Punjab as many courts of district judge or additional district judges as special court as it may deem fit, and where more than one special court is designated, the notification shall specify the jurisdiction of each such court.
4. A judge of the special court shall have the same powers and jurisdiction as vested in the court of district judge under the Code.
5. A judge of the special court shall be appointed for a period of three years on such terms and conditions as may be determined by the Chief Justice of the Lahore High Court.
6. A judge of the special court shall not be removed before the expiry of his tenure unless found guilty of misconduct.
7. Disciplinary proceedings against a judge of a special court shall be conducted in the same manner and under the same legal provisions and rules as prescribed for a district and sessions judge in the Punjab.
8. During his tenure, a judge of a special court may be transferred to another special court within the Punjab by the Chief Justice of the Lahore High Court.

4. Filing of petition

1. A petition under this Act shall be filed in the special court having jurisdiction, in such manner as may be prescribed.
2. A petition under sub-section (1) shall contain a concise statement of facts, which shall include the status of ownership and unlawful possession or control of property, the estimated market value of the property, details of rent or profits received by the person in unlawful possession or control of the property, if any, and the relief claimed, together with such other information or documents as may be prescribed.
3. Notwithstanding anything contained in the Code or any other law for the time being in force, all actions, disputes, petitions, suits, proceedings and matters connected therewith in which one or more of the parties are overseas Pakistanis shall be heard and adjudicated exclusively by a special court.

5. E-filing of petitions, etc.

1. The Lahore High Court shall make rules to enable filing of petitions, responses and applications, and hearing of parties including recording of evidence under this Act, and all matters connected therewith or incidental thereto, through electronic means.
2. Subject to the provisions of the Punjab Public Financial Management Act 2022, and to carry out the purposes of this Act, a bank account shall be maintained by the designated officer or the special court, in the prescribed manner, for deposit of court fee and other charges, manually or through modern devices including e-filing.
3. Physical and electronic record shall be maintained of all cases filed and pending before the special courts, along with the details of the proceedings that have taken place therein.

6. Notice to appear and consequences of non-appearance

1. The special court shall issue notice to the respondents, in the form given in the Code, for appearance on a date fixed not later than ten days, through process server, registered post acknowledgement due, and courier service.
2. In addition to service under sub-section (1), the special court shall order service to be effected by:
   1. affixing a copy of the notice at some conspicuous part of the dispossessed property or the residence of the respondent in which he is known to have last resided, or where he carries on business or personally works for gain;
   2. any modern device including electronic or digital device of communication, which may include mobile phone, telephone, telegram, phonogram, telex, fax, radio, television, etc., in the prescribed manner;
   3. urgent mail service or public courier services;
   4. announcement through mosque, temple, community centre, etc.;
   5. publication in the press, in the prescribed manner; or
   6. any other manner or mode as it may think fit.

   Provided that the special court may order the use of all or any of the aforesaid modes of service simultaneously.

3. If the respondent fails to appear, the special court may direct service again by any of the modes mentioned in sub-section (2), to appear on a date not later than seven days.
4. If the respondent fails to appear again, the special court may proceed ex parte against the respondent and may pass any order under the law applicable thereto.
5. If an ex parte order is passed against a respondent, the respondent may, within ten days from the date of knowledge thereof, apply to the special court for setting aside the ex parte order, along with an application for leave to appear and defend.
6. If the respondent shows sufficient cause for his non-appearance, the special court may set aside the ex parte order on such terms as it may deem fit.

7. Leave to defend

1. A special court shall not allow a respondent to defend the petition unless he obtains leave to defend from the special court.
2. Subject to the other provisions of this Act, a respondent shall file an application for leave to defend within fifteen days, in default of which the allegations of fact in the petition shall be deemed to have been admitted, and the special court may pass judgment and decree in favour of the petitioner.
3. The application for leave to defend shall be in the form of a written statement containing a summary of substantial questions of law as well as facts in respect of which, in the opinion of the respondent, evidence needs to be recorded.
4. The application for leave to defend shall be accompanied by an affidavit of the respondent, copies of all relevant documents in his possession or power, and affidavits of not more than two witnesses which, in the opinion of the respondent, support the questions of law and fact raised by him.
5. An application for leave to defend which does not comply with the requirements of sub-section (4) shall be rejected, unless the respondent discloses sufficient cause for his inability to comply with any such requirement.
6. The petitioner may file a reply to the application for leave to defend.
7. The special court shall grant the respondent leave to defend if, on consideration of the contents of the petition, the application for leave to defend and the reply thereto, it is of the view that substantial questions of law or fact have been raised in respect of which evidence needs to be recorded.
8. The special court shall decide the application for leave to defend within a period of fifteen days from the date of its filing.
9. In granting leave under sub-section (7), the special court may impose such conditions as it may deem appropriate in the circumstances of the case, including furnishing of security which shall not be less than ten percent of the estimated market value of the property of the overseas Pakistani prevailing at that time.
10. If leave to defend is granted, the special court shall treat the application for leave to defend as the defence of the respondent, and in its order granting leave it shall frame issues relating to the substantial questions of law or fact and, subject to fulfilment of any conditions attached to the grant of leave, fix a date for recording of evidence thereon and disposal of the proceedings.
11. Where the application for leave to defend is rejected, or where a respondent fails to fulfil conditions attached to the grant of leave to defend, the special court shall proceed to pass judgment and decree against the respondent.

8. Recording of evidence

1. The special court shall direct the party concerned to produce its evidence on a date fixed.
2. The special court shall treat an affidavit filed by a party as examination-in-chief, and:
   1. may, of its own motion, order attendance of the deponent for cross-examination; and
   2. shall, if so requested by a party, direct production of the deponent for cross-examination.
3. The special court shall not grant more than two opportunities to a party for production of evidence.
4. The special court shall not grant an adjournment for cross-examination of a witness except for sufficient cause and on payment of costs to the witness as it may deem fit.
5. A special court, on request of an overseas Pakistani litigant, shall make arrangements to enable the litigant to participate in the court proceedings through video link.
6. A special court shall allow evidence of an overseas litigant or a witness through the concerned high commission, embassy or consulate, as the case may be, by use of video link or other legally acceptable mode.

   Provided that such evidence shall be recorded under the supervision of an official of the concerned high commission, etc., especially notified for this purpose.

7. A special court shall ensure that the cause list and short orders of such cases are uploaded on the web portal especially established for this purpose.
8. After recording evidence of the parties, if any, and hearing arguments, the special court shall pass judgment and decree.

9. Period for disposal of petition

1. The special court shall pass a judgment as expeditiously as possible, but not later than ninety days from the date of grant of the application for leave to defend.
2. Where proceedings are not completed within ninety days, the respondent may be required to furnish security in such amount as the special court deems fit, and on failure of the respondent to furnish security, the special court shall pass judgment.
3. The requirement of furnishing security under sub-section (2) shall be dispensed with if, in the opinion of the special court, on appreciation of the material available on record, the delay is not attributable to the conduct of the respondent.
4. At any time during the course of proceedings, the special court shall not allow an adjournment for more than seven days.
5. The special court, if it deems necessary for expeditious disposal of the suit or petition, may, for reasons to be recorded in writing, on its own motion summon official record maintained by public authorities in respect of any matter connected with or arising from the subject matter of the suit or petition.

10. Appeal

1. Any person aggrieved by a judgment, decree or final order of the special court may, within fifteen days, prefer an appeal to the High Court.
2. Admission of an appeal shall not be deemed to suspend operation of the judgment, decree or final order unless notice has been served on the decree holder.
3. The High Court shall decide an appeal within a period of ninety days from the date of its filing.
4. An appeal may be preferred under this section from a decree passed ex parte.
5. No appeal, review or revision shall lie against an order accepting or rejecting an application for leave to defend, or any interlocutory order of the special court which does not dispose of the entire proceedings before it.
6. Any order for stay of execution of decree in appeal shall automatically lapse on expiry of two months from the date of such order.

11. Execution of decree

1. Notwithstanding anything contained in any other law for the time being in force, upon issuance of a decree by a special court, the suit shall automatically stand converted into execution proceedings without the need to file a separate application, and the case shall be heard by the special court for execution of its decree on the expiry of fifteen days from the date of issuance of the decree or order.
2. The decree of the special court shall be executed in accordance with the provisions of the Code, or any other law for the time being in force, or in such manner as the special court may, at the request of the decree holder, consider appropriate.
3. The special court shall be entitled to seek the services and assistance of the police or any law enforcement agency in exercise of powers conferred by this section.
4. Notwithstanding anything contained in the Code or any other law for the time being in force, if a claim or objection is found by the special court to be mala fide or filed merely to delay the execution process, the special court shall impose such penalty as it deems fit in the facts and circumstances of the case.

12. Attachment before judgment, injunction or appointment of receivers

1. The special court may, on its own motion or on application by the petitioner, with a view to preventing property from being transferred, alienated, encumbered, wasted or otherwise dealt with in a manner likely to impair or prejudice the rights of overseas Pakistanis, or otherwise in the interest of justice:
   1. restrain the respondent or others from transferring, alienating, parting with possession of, or otherwise encumbering, charging, disposing of or dealing with the property in any manner;
   2. attach such property;
   3. transfer possession of such property to the aggrieved person; or
   4. appoint one or more receivers of such property, on such terms and conditions as it may deem fit.
2. An order under sub-section (1) may also be passed by the special court against any third party to whom the property is sold in contravention of the provisions of this Act, or held benami by the respondent in the name of an ostensible owner.

13. Transfer of pending cases

On the commencement of this Act:

1. all petitions, suits, execution petitions and other proceedings pending in any other court, in which an overseas Pakistani is a party, shall stand transferred to the special court, and on transfer the special court may proceed with the case from the stage at which it was pending; and
2. all appeals and revisions in which any or all of the parties are overseas Pakistanis, pending before any court after the commencement of this Act, shall stand transferred to a special bench or benches of the concerned High Court for adjudication.

14. Application of fines and costs

1. A special court may direct that the whole or part of any fine or costs imposed under this Act shall be applied towards:
   1. payment of costs of all or any proceedings under this Act to the aggrieved person; and
   2. payment of compensation to overseas Pakistanis.
2. An order under sub-section (1) shall be deemed to be a decree passed under this Act for purposes of execution.

15. Restriction on transfer of property

After publication of notices under sub-section (1) of section 6, no respondent shall transfer, alienate, encumber, remove or part with possession of the property pending final decision of the suit or petition filed by the petitioner under this Act, and any such transfer, alienation, encumbrance or other disposition by the respondent in violation of this section shall be void and of no legal effect.

16. Application of the Limitation Act, 1908 (Act IX of 1908)

Save as otherwise provided in this Act, the provisions of the Limitation Act, 1908 (IX of 1908) shall apply to all cases instituted or filed in a special court after the coming into force of this Act.

17. Powers of special court

1. Subject to the provisions of this Act, the special court shall, in exercise of its civil jurisdiction, have all the powers vested in a civil court under the Code.
2. In all matters with respect to which procedure has not been provided for in this Act, the special court shall follow the procedure laid down in the Code.
3. All proceedings before a special court shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (XLV of 1860), and sections 476 and 480 of the Code of Criminal Procedure, 1898 (V of 1898).

18. Finality of order

Subject to the provisions of section 10, no court or other authority shall revise, review, or call or permit to be called into question any proceeding, judgment, decree or order of a special court, or the legality or propriety of anything done or intended to be done by the special court in exercise of its jurisdiction under this Act.

Provided that the special court may, on its own accord or on application of any party and with notice to the other party or, as the case may be, both parties, correct any clerical or typographical mistake in any judgment, decree or order passed by it.

19. Registrar

1. A senior civil judge or any other officer so designated shall be posted as Registrar of the special court.
2. The Registrar shall be responsible for performance of functions assigned to him by the Government in consultation with the Chief Justice of the Lahore High Court.

20. Report

1. The Registrar shall prepare and present an annual report on the implementation of this Act to a committee consisting of:
   1. a judge of the High Court, to be nominated by the Chief Justice of the Lahore High Court;
   2. the secretary of the department to which the business of the special courts stands allocated, or his nominee not below the rank of an Additional Secretary or equivalent;
   3. the secretary of the department to which the business of overseas Pakistanis stands allocated, or his nominee not below the rank of an Additional Secretary or equivalent; and
   4. the Commissioner, Overseas Pakistanis Foundation, or his nominee.
2. The committee constituted under sub-section (1) may, from time to time, propose amendments to this Act.

21. Power to make rules

The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

22. Removal of difficulties

If a difficulty arises in giving effect to any of the provisions of this Act, the Government may, by notification in the official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it thinks fit for removing such difficulty.

23. Act to override other laws

The provisions of this Act, or any order or rule made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument having effect by virtue of any such law.