Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025
The Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025 was promulgated on 29 January 2025 to provide for the establishment of Special Courts for adjudication of disputes relating to immovable properties owned or possessed by overseas Pakistanis. The Act extends to the whole of Punjab and aims to secure, protect, and enforce the proprietary and possessory rights of overseas Pakistanis in respect of immovable properties, including matters ancillary and incidental thereto.
The Act defines an “Overseas Pakistani” as a person holding a Pakistani Passport, Computerized National Identity Card (CNIC), National Identity Card for Overseas Pakistanis (NICOP), Pakistan Origin Card (POC), or Overseas Pakistanis Foundation (OPF) membership card, who resides, works, or studies abroad, whether temporarily or permanently, for more than one hundred and eighty-two days in a tax year.
Under the Act, the Government is empowered, in consultation with the Chief Justice of the Lahore High Court, to establish Special Courts throughout Punjab through notification in the official Gazette. The Government may appoint as Judge of a Special Court any person who is or has been a District Judge, Additional District Judge, or an Advocate of the High Court with not less than ten years’ standing, provided such person is not more than sixty-five years of age at the time of appointment. A Judge of the Special Court shall exercise powers and jurisdiction equivalent to those of a District Judge and shall hold office for a term of three years.
Petitions under the Act are to be instituted before the Special Court having territorial jurisdiction. The Lahore High Court is authorized to frame rules for electronic filing of petitions, responses, applications, recording of evidence, and hearing of parties through electronic means.
Leave to Defend
The Act introduces a special procedure regarding leave to defend. A respondent is not entitled to contest proceedings unless leave to defend is obtained from the Special Court. An application seeking leave to defend shall be filed in the form of a written statement and shall be decided within fifteen days of filing. Where leave is granted, the application shall constitute the respondent’s defence. In the event of rejection of the application, the Special Court shall proceed to pass judgment and decree against the respondent.
Recording of Evidence and Expeditious Disposal
The Special Court may direct parties to produce evidence on dates fixed by the Court and shall treat affidavits filed by parties as examination-in-chief. No more than two opportunities may be granted for production of evidence. Adjournments for cross-examination shall not ordinarily be granted except upon sufficient cause and subject to payment of costs.
The Act further mandates facilitation of overseas Pakistani litigants through video-link participation in court proceedings. Upon conclusion of evidence and hearing of arguments, the Special Court shall pass judgment and decree expeditiously, and in any case within ninety days from the grant of leave to defend.
Appeal
Any person aggrieved by a judgment, decree, or final order of the Special Court may file an appeal before the High Court within fifteen days. Mere admission of an appeal shall not operate as suspension of the impugned judgment or decree unless notice has been served upon the decree-holder. The High Court is required to decide such appeal within ninety days from its filing.
The Act expressly bars any appeal, review, or revision against interlocutory orders or orders accepting or rejecting an application for leave to defend.
Execution Proceedings
Upon passing of a decree by the Special Court, the suit shall automatically convert into execution proceedings without the necessity of filing a separate execution application. The matter shall be taken up for execution upon expiry of fifteen days from the date of decree or order.
The Special Court is further empowered, either suo motu or upon application by the petitioner, to restrain respondents or any other person from transferring, alienating, encumbering, wasting, or otherwise dealing with the disputed property. The Court may also attach the property or restore possession thereof to the aggrieved party.
Transfer of Pending Proceedings
Section 13(a) of the Act provides that all petitions, suits, execution petitions, and other proceedings pending before any court, wherein an overseas Pakistani is a party, shall stand transferred to the Special Court. Likewise, under Section 13(b), all appeals and revisions pending before any court after commencement of the Act, involving overseas Pakistanis, shall stand transferred to the Special Bench or Benches constituted by the concerned High Court.
The Act further prohibits respondents, after publication of notices, from transferring, alienating, encumbering, removing, or parting with possession of the property until final adjudication of the matter.
Procedural and Administrative Provisions
In matters for which no specific procedure is prescribed under the Act, the Special Court shall follow the procedure laid down in the Code of Civil Procedure, 1908. Proceedings before the Special Court are deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code and Sections 476 and 480 of the Code of Criminal Procedure, 1898.
The Act also provides for appointment of a Registrar, being a Senior Civil Judge or such other designated officer, for administrative functions of the Special Court. The Registrar is required to prepare and submit an annual implementation report to a Committee constituted under the Act.
