Going to court for the first time feels daunting, but the process follows a clear sequence. Whether you are recovering money, protecting property, or reporting a crime, the same fundamentals apply: identify the right forum, get the paperwork right, pay the correct fee, and file on time. This guide walks you through each stage - and points you to our detailed civil suit procedure guide and FIR guide when you need the fine detail.
Civil or criminal? Pick the right track first
The very first decision is which kind of case you are filing, because everything after it - the forum, the paperwork and the governing law - flows from that choice.
| Civil case | Criminal case | |
|---|---|---|
| Purpose | Enforce a private right - money, property, contract, family | Punish an offence against the state - theft, fraud, assault |
| Started by | Filing a plaint in civil court | FIR to police or private complaint to a magistrate |
| Main law | Code of Civil Procedure 1908 | Code of Criminal Procedure 1898; Pakistan Penal Code 1860 |
| Outcome | Decree - money, possession, injunction, declaration | Conviction and sentence, or acquittal |
Some disputes overlap - a bounced cheque, for instance, can trigger both a recovery suit and a criminal complaint. When in doubt, get advice before you file; see our note on how to hire a lawyer.
Step 1 - Engage the right lawyer
You may appear in person, but litigation is technical and unforgiving. An advocate enrolled with the relevant Bar Council will assess your case, advise on the likely forum and cost, and handle drafting and appearances. Ask about their experience in your type of matter, agree the fee in writing, and confirm they are properly licensed before signing a power of attorney or vakalatnama.
Step 2 - Legal notice and drafting the plaint
In many civil disputes - especially recovery, tenancy and contract matters - sending a legal notice first is either required by statute or simply good tactics. It puts the other side on record and sometimes settles the matter without a suit.
If the dispute proceeds, your lawyer drafts the plaint: the parties, a numbered statement of facts, the cause of action, the court's jurisdiction, the value of the suit, and the specific relief claimed. Supporting documents - agreements, receipts, title papers - are annexed, and an affidavit may be required to verify the contents. Precision here matters: a vaguely drafted or wrongly valued plaint can be rejected under the CPC.
Step 3 - Court fee and choosing the right court
Court fee is paid in stamps under the Court Fees Act 1870. Broadly, it splits two ways:
| Fee type | Applies to | How it is worked out |
|---|---|---|
| Fixed fee | Declarations, many applications and petitions | A small nominal stamp fixed by statute |
| Ad valorem fee | Money and property suits (recovery, possession) | A percentage tied to the value of the claim |
The value of the suit also decides which court hears it. Under the CPC and the Suits Valuation Act 1887, jurisdiction depends on the claim value and where the cause of action arose - property suits, for example, must generally be filed where the property lies. Get the forum wrong and the plaint can be returned. Our civil court jurisdiction guide explains the monetary limits, and you can estimate the stamp using our court fee calculator.
Step 4 - Filing and service of summons
Once drafted, fee-paid and signed, the plaint is presented at the court's filing branch (many districts now allow e-filing). The court registers the suit and, if satisfied, issues summons to the defendant under Order V of the CPC. Summons are served by the court process server and registered post; if the defendant evades service, the court may allow substituted service through newspaper publication.
The defendant must file a written statement, usually within 30 days. Failure to appear or reply can lead to an ex parte decree against them.
Step 5 - Hearings, evidence and judgment
After pleadings close, the court frames the issues - the specific questions it must decide. The case then moves through evidence, where each side leads witnesses and documents under the Qanun-e-Shahadat Order 1984, followed by cross-examination and final arguments. The judge delivers a judgment, and a decree is drawn up. If you lose - or the other side does - a civil appeal may follow, and a favourable decree can be enforced through execution proceedings.
The full stage-by-stage journey, from plaint to decree, is set out in our dedicated civil suit procedure guide.
Filing a criminal case: FIR vs private complaint
Criminal matters do not start with a plaint. For a cognizable offence (one the police can act on without a warrant), you report it at the police station and an FIR is registered under Section 154 CrPC. The police then investigate, collect evidence, and submit a challan (charge sheet) to the court for trial before a magistrate or the Sessions Court.
If the police refuse to register the FIR, you are not stuck. Your options include:
| Remedy | Provision | What it does |
|---|---|---|
| Justice of Peace | Sections 22-A / 22-B CrPC | Directs the police to register and investigate |
| Private complaint | Section 200 CrPC | You go straight to the magistrate, who may take cognizance |
| Writ petition | Article 199, Constitution | High Court can order the police to perform their duty |
Once charged, the accused may seek bail, and the matter proceeds through the criminal trial process. Specialised offences - cybercrime under PECA 2016, narcotics under the CNSA 1997, or terrorism before Anti-Terrorism Courts - follow their own statutes and forums.
Watch the limitation clock
Timing can decide a case before it is even heard. The Limitation Act 1908 fixes deadlines for filing, and courts apply them strictly. Common periods include:
| Action | Typical limitation |
|---|---|
| Suit on a contract / recovery of money | 3 years |
| Suit for possession of immovable property | Up to 12 years (varies by article) |
| Appeal to a High Court (decree) | 90 days |
| Appeal to a subordinate court | 30 days |
These are general guides - the exact article that applies depends on the nature of your claim. Confirm your deadline early; a delayed filing can sometimes be condoned for sufficient cause, but you should never rely on it. See our limitation deadlines guide for the detail.
Frequently asked questions
Can I file a case without a lawyer?
Yes, you can appear as a party-in-person, but the drafting, valuation, court-fee and limitation rules are technical. For civil suits, appeals and serious criminal cases, an advocate is strongly advised.
Where do I actually submit the plaint?
At the filing branch of the competent civil court - determined by the claim value and where the cause of action arose. Many districts now also offer e-filing.
How much is the court fee?
Fixed-fee matters carry a small nominal stamp; money and property suits attract an ad valorem fee tied to the claim value under the Court Fees Act 1870. Estimate it with our court fee calculator, or confirm at consultation.
What happens if the defendant ignores the summons?
If they fail to appear or file a written statement, the court may proceed ex parte and pass a decree against them in their absence.
The police will not register my FIR - what now?
Approach the Justice of Peace under Sections 22-A/22-B CrPC, file a private complaint under Section 200 CrPC, or move a writ petition under Article 199 of the Constitution.
Is there a time limit to file?
Yes. The Limitation Act 1908 sets deadlines - often three years for contract and recovery suits and shorter periods for appeals. Filing late usually bars the claim.