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 subjectmatter
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts. The following provisions shall not extend to Courts constituted
under the Provincial Small Cause Courts Act, 1887 (IX of 1887),5* * * or to Courts exercising the
jurisdiction of a Court of Small Causes 6[under the said Act], that is to say,__
(a) so much of the body of the Code as relates to__
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
1Subs. by A.O., 1937, for “L.G.”.
2The words “with the previous sanction of the G.G. in C.” omitted by the Devolution Act, 1920 (38 of 1920), s.2 and 1st Sch., Pt. I.
3Subs. by A.O., 1937, for “local official Gazette”.
4The words “with the sanction aforesaid” omitted by Act 38 of 1920, s.2 and 1st Sch., Pt. I.
5 The words and figures “or under the Berar Small Cause Courts Law 1905” which were ins. by the Berar Laws Act, 1941 (4 of 1941), s.2 and 2nd Sch., have been omitted by A.O., 1949.
6 The original words “under that Act” were first subs. by Act 4 of 1941, s.2 and 2nd Sch., and then amended by A.O., 1949, to read as above.
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(iii) the execution of decrees against immoveable property; and
(b) the following sections, that is to say,__
section 9,
sections 91 and 92,
sections 94 and 95 1[so far as they authorise or relate to__
(i) orders for the attachment of immoveable property,
(ii) injunctions,
(iii) the appointment of a receiver of immoveable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94] and
sections 96 to 112 and 115.
8. [Presidency Small Cause Courts.] Omitted by the A.O., 1949.
__________
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
9. Courts to try 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.
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 any other Court in 2[Pakistan] having jurisdiction to grant the relief
1Subs. by the Small Cause Courts (Attachment of Immoveable Property) Act, 1926 (1 of 1926), s.3, for “so far as they relate to injuctions and interlocutory orders”.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation”
which had been subs. by A.O., 1949, for “British India”.
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claimed, or in any Court beyond the limits of 1[Pakistan] established or continued by 2[the
3[Federal Government] 4* * *] and having like jurisdiction, or before 5[the Supreme Court].
Explanation.__ The pendency of a suit in a foreign Court does not preclude the Courts in
1[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.
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.
6[12. Bar to further suit. (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.
1Subs. by the Central laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation"
which had been subs. by A.O., 1949, for "British India".
2Subs. by A.O., 1937, for “the G.G in C.”.
3Subs. by F.A.O., 1975. Art.2 and Table, for “Central Government”
4The words “or the Crown Representative” omitted by A.O., 1949.
5Subs. by A.O., 1961, Art. 2 and Sch. (With effect from the 23rd March 1956), for “His Majesty in Council”.
6S.12 was renumberd as subsection
(1) of that section by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (10 of 1980), s.2
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1[(2) Where a person challenges the validity of a judgment, decree or order on the plea of fraud,
misrepresentation
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.]