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Small Claims and Minor Offences Courts Ordinance, 2002

Ordinance· 2002· 13 pages
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Summary

This Ordinance sets up special, faster and cheaper courts -- called Small Claims and Minor Offences Courts -- to handle low-value civil disputes and minor criminal cases, instead of routing them through the ordinary, slower court system. Section 4 lets provincial governments, in consultation with the High Court, establish these courts in each district, presided over by a Civil Judge-cum-Judicial Magistrate.

Section 5 defines what the courts can hear: civil suits listed in Part I of the Schedule where the amount in dispute does not exceed one hundred thousand rupees (the High Court can change this limit by notification), and criminal offences listed in Part II of the Schedule -- essentially any Pakistan Penal Code offence punishable with up to three years' imprisonment, a fine, or both. The Schedule's civil list covers everyday disputes such as unpaid contract debts, damage claims, recovery of movable property, partition of jointly owned property, mortgage redemption, and even damages caused by trespassing cattle.

Sections 6 to 13 lay out a simplified civil procedure: a claim starts with a verified plaint (Section 6), accompanied by a one-time process fee of twenty-five rupees (Sections 6 and 8), and the court must send summons to the defendant within two days (Section 9). A plaint can be rejected under Section 7 if it does not disclose a cause of action, is undervalued, or is barred by law.

A notable feature is the amicable settlement mechanism in Sections 14 to 22, where disputes can be resolved through a court-appointed conciliator or mediator called a 'Salis', whose award can be objected to under Section 21 but is otherwise binding once confirmed by the court. Sections 34 to 37 cover criminal trial procedure and the court's powers, while Sections 38 and 39 set appeal rights -- civil appeals generally cannot go beyond one level, and criminal appeals must be filed within thirty days.

Section 42 repeals the old Provincial Small Cause Courts Act, 1887, while preserving pending cases and accrued rights. A footnote in the text shows the Ordinance did not actually take effect until 2004, two years after it was signed, so anyone relying on it should confirm which provinces have actually established these courts and check the current monetary threshold, which the High Court is empowered to revise.

Key topics

small claims courtsminor criminal offencesamicable settlement / mediationsimplified civil procedurecourt fees and appeals

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