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Civil Practice

The right remedy, filed in the right court.

We act in civil suits across Pakistan, including recovery and summary suits, declarations, specific performance, cancellation of documents, injunctions and rent cases. Much of the work lies in choosing the correct remedy and then proving it with properly prepared pleadings and evidence.

Adv. Danish Parmar

Legally reviewed by

Adv. Danish Parmar, Advocate High Court

Reviewed

At a glance

Civil Law

Services covered
9
Jurisdiction
Pakistan
Typically for
Individuals bringing or defending money and property claims · Landlords and tenants in rent and eviction cases · Buyers and sellers under agreements to sell that were never completed
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Services in detail

Our Civil Law services

Each matter is scoped to what you need. You can instruct us on a single item below or on a wider mandate.

1

Recovery Suits

Claims for money owed under contracts, invoices and loans, and the defence of such claims.

Once a debtor has ignored invoices, reminders and a legal notice, a recovery suit is usually the next step. We put together the paper trail that proves the debt, calculate the claim properly and file in the court with jurisdiction. Acting for defendants, we test the claim against the contract and the accounts and take every legitimate objection.

What's included

  • Collating invoices, ledgers, acknowledgements and correspondence that prove the debt
  • Pleading the principal sum, agreed charges and other lawful heads of claim
  • Defences of set-off, part payment, limitation or disputed liability
  • Compromise decrees and structured repayment arrangements
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2

Summary Suits

Order XXXVII CPC suits on negotiable instruments and qualifying written contracts, including leave to defend applications.

Claims on cheques, promissory notes and certain written contracts can proceed under Order XXXVII CPC, where the defendant must obtain leave before defending at all. We check that the claim genuinely qualifies, since a misfiled summary suit wastes months. For defendants, the leave application is the whole case at that stage, and we prepare it accordingly.

What's included

  • Confirming the instrument or contract qualifies for summary procedure
  • Plaints in the prescribed form with the supporting documents
  • Leave to defend applications with affidavits and annexures
  • Opposing leave and pressing for a decree where no real defence exists
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3

Declaratory Suits

Suits under the Specific Relief Act 1877 declaring legal character or title to property.

If someone denies or clouds your title, status or legal character, a declaratory suit under the Specific Relief Act 1877 may set the record straight. The declaration has to be framed around the real dispute. A bare declaration can be refused where further relief was available, so we usually join a claim for possession or an injunction.

What's included

  • Declarations of ownership of land, houses and commercial premises
  • Declarations on status, entitlement to office or legal character
  • Adding consequential relief such as possession or injunction
  • Defending declaratory claims on maintainability and title
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4

Specific Performance

Enforcing agreements to sell and other contracts where money would not fairly compensate, and defending such suits.

A seller who takes earnest money and then refuses to complete can be compelled to perform, provided money would not fairly compensate the buyer. Courts examine the buyer's own conduct closely, so we start with the agreement, the payment record and evidence of readiness. We also apply to stop the property being sold on while the suit is pending.

What's included

  • Evaluating the agreement, earnest money and proof of readiness to perform
  • Suits to enforce agreements to sell immovable property and other contracts
  • Injunctions restraining sale or encumbrance of the property
  • Defending specific performance claims on grounds of breach or inequity
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5

Cancellation of Documents

Setting aside void or voidable instruments such as disputed sale deeds, gift deeds and powers of attorney.

A forged sale deed or a power of attorney obtained by fraud can strip someone of property if it is left alone. We file suits to cancel such instruments, obtain certified copies from the sub-registrar and other offices, and arrange handwriting or forensic examination where a signature is disputed. Preserving the property while the case runs is usually the first application.

What's included

  • Certified copies of registered instruments and related official records
  • Suits to cancel void or voidable deeds and powers of attorney
  • Handwriting and forensic examination of disputed signatures
  • Orders preserving the property until the document is decided
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6

Permanent & Temporary Injunctions

Orders restraining dispossession, construction, interference and other wrongful acts, both pending trial and as final relief.

Dispossession, unlawful construction and interference with a right of way are the classic cases for an injunction. A temporary order holds the position while the suit is heard; a permanent injunction is the final relief. We act just as often for defendants who need an unjustified restraint lifted or confined to its proper limits.

What's included

  • Urgent applications supported by site plans, photographs and title papers
  • Suits for permanent injunction against trespass, nuisance or interference
  • Applications for a local commission to inspect the disputed site
  • Contempt applications where an injunction has been deliberately broken
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7

Rent & Tenancy Matters

Eviction, default and fair rent proceedings for landlords and tenants under the applicable provincial and local rent laws.

Rent law differs from province to province and sometimes between localities, so the first task is confirming which statute governs the premises. Landlords come to us for eviction and arrears; tenants come to resist eviction they consider unlawful. In both cases the tenancy agreement and rent record form the backbone of the case before the rent controller.

What's included

  • Eviction applications for default, personal need or misuse of premises
  • Fair rent proceedings and disputes over increases
  • Tenant defence, including deposit of rent and challenges to the grounds
  • Appeals from rent controllers and execution of eviction orders
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8

Damages Claims

Compensation claims for breach of contract and civil wrongs, and defence against inflated demands.

Where a breach of contract or a civil wrong has caused real, measurable loss, the claim is for compensation. The difficult part is usually proof. We help clients separate losses the law will compensate from those it will not, and build the figures on documents and, where needed, expert evidence. For defendants we attack causation, remoteness and inflated numbers.

What's included

  • Identifying recoverable heads of loss under the Contract Act 1872
  • Financial records and expert evidence to prove the amount
  • Claims for malicious prosecution, defamation and other civil wrongs
  • Defence against exaggerated or speculative compensation claims
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9

Civil Appeals & Revisions

Appeals and revisions against civil court decrees and orders before the appellate courts and the High Courts.

A first appeal lets the appellate court look again at facts and law; a second appeal or revision is much narrower. Picking the wrong remedy can cost the client the challenge altogether. We select the correct one, tie each ground to a specific error in the record, and seek a stay where execution would cause harm that cannot be undone.

What's included

  • Choosing between first appeal, second appeal, revision and review
  • Paper books and short, focused grounds of challenge
  • Stay of execution pending the appeal
  • Acting for respondents defending a favourable decree
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Overview

Civil Law in Pakistan

We act in civil suits across Pakistan, including recovery and summary suits, declarations, specific performance, cancellation of documents, injunctions and rent cases. Much of the work lies in choosing the correct remedy and then proving it with properly prepared pleadings and evidence.

Practice group
Disputes
Services
9 areas of work

In a civil case, choosing the wrong remedy can sink a good claim. A suit for money, a declaration of title, enforcement of a sale agreement and an order restraining interference each have their own requirements under the Code of Civil Procedure 1908 and the Specific Relief Act 1877. We start by working out which relief actually solves the client's problem, then frame the suit so it is maintainable, correctly valued and filed in the competent court.

Day to day, this means recovery suits for unpaid sums, summary suits under Order XXXVII CPC on cheques, promissory notes and qualifying written contracts, suits for declaration and for cancellation of forged or defective deeds, specific performance of agreements to sell, injunctions, and eviction or fair rent cases under the relevant provincial rent law. We act for plaintiffs and defendants alike. A good number of clients first come to us holding a summons.

Small things decide civil cases: a missing party, an undervalued suit, a document that was never properly proved. We watch limitation, court fee, joinder and the requirements of the Qanun-e-Shahadat Order 1984 closely. Where a compromise decree would serve the client better than a trial, we pursue it. Sutra Law explains each procedural stage as it arrives, so clients know why a hearing matters before they attend it.

Individuals bringing or defending money and property claims
Landlords and tenants in rent and eviction cases
Buyers and sellers under agreements to sell that were never completed
Businesses recovering unpaid sums from customers

When clients come to us

Questions we are often asked to resolve

  1. 1

    A customer gave us a cheque that bounced. Can we file a summary suit rather than an ordinary one?

  2. 2

    The seller took part payment and now refuses to transfer the house. Can the agreement be enforced?

  3. 3

    A sale deed has surfaced in our name that we never signed. How do we get it cancelled?

  4. 4

    A neighbour has started building on land we believe is ours. Can we stop the work urgently?

  5. 5

    Our tenant has stopped paying rent and will not leave. What is the proper procedure?

  6. 6

    We have been sued for an amount we think is inflated. How should we defend the claim?

How we help

A considered, practical approach

  1. 01

    Remedy selection

    From the facts and papers, we work out which civil remedy fits the client's goal and confirm the claim is still within limitation.

  2. 02

    Precise pleadings

    Plaints, written statements and applications set out the material facts plainly, value the suit correctly and join every necessary party.

  3. 03

    Evidence and trial

    Documents are proved properly, witnesses are prepared, and we conduct examination, cross-examination and arguments at each stage.

  4. 04

    Decree and beyond

    A decree in hand is the start of the next decision. We advise on compromise, appeal or execution so the result has practical effect.

Key considerations

What to weigh before you act

  • 1Different civil remedies carry different limitation periods under the Limitation Act 1908. A suit filed late may be dismissed without the merits ever being heard.
  • 2Order XXXVII CPC applies only to certain kinds of claim. Where it does apply, the defendant cannot defend at all without first obtaining leave of the court.
  • 3Specific performance is discretionary. Courts look hard at whether the plaintiff was ready and willing to perform their own side of the bargain throughout.
  • 4Valuation of the suit and the court fee paid affect maintainability and decide which court the case belongs in.
  • 5Rent law varies by province and sometimes by locality, so the governing statute for the premises has to be confirmed before any application is filed.

Insights

All insights
Litigation5 min read

The Civil Litigation Process in Pakistan, Explained

From the plaint to execution of the decree, a civil suit in Pakistan follows the Code of Civil Procedure 1908. Knowing each stage helps you plan cost, strategy and settlement.

Read

FAQ

Civil Law: common questions

Answers to the questions clients ask most often. Every matter turns on its facts.

Still have a question?

Speak with Sutra Law directly.

1What is a summary suit under Order XXXVII CPC?

It is a quicker procedure for claims on negotiable instruments, such as cheques and promissory notes, and certain written contracts. The defendant has no automatic right to defend and must first obtain leave by showing a substantial defence. For a well-documented claim this can save considerable time. We confirm whether a claim qualifies and, for defendants, prepare leave applications that meet what the court looks for.

2Can I force a seller to complete a property sale?

Yes, through a suit for specific performance under the Specific Relief Act 1877. The court will ask whether the agreement is valid, if you have stayed ready and willing to pay, and whether enforcing it would be fair. We review the agreement and payment trail, give an honest view of prospects, and ask for an order stopping the seller from selling to someone else while the suit is pending.

3How can I stop someone interfering with my property while the case is pending?

Apply for a temporary injunction alongside the suit. The court will want to see a prima facie case, that the balance of convenience lies with you, and that you would suffer irreparable loss without the order. Site plans, photographs and title papers make a real difference at this stage, and we put them before the court in a form it can act on quickly.

4What should a defendant do after receiving a civil summons?

Get advice promptly and collect every relevant document. A written statement must be filed within the time the court allows, and missing a date can lead to ex parte proceedings. We read the plaint for preliminary objections such as limitation, jurisdiction or misjoinder, then prepare a written statement setting out the defence and any counter-claim.

5Do you handle rent and eviction cases?

Yes, for both landlords and tenants, before rent controllers and the appellate forums. Rent law in Pakistan is mostly provincial or local, so procedure turns on where the property is. We confirm which statute applies, go through the tenancy agreement and rent receipts, and advise on the strongest grounds available.

This page gives general information about Civil Law in Pakistan. It is not legal advice. The law and procedures change, and every matter turns on its own facts, so please speak to us about your situation. Reading this page does not create a lawyer–client relationship.

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