Filing a civil suit is a right provided to every citizen under Pakistani law. However, this right must be exercised in good faith and not with malicious intent. When a person files a false, frivolous, or baseless civil suit, the law provides serious consequences to prevent the misuse of judicial processes.
In this article, we will explore the legal consequences of filing a false civil suit in Pakistan, relevant sections of law, and recent case law on the subject.
What is a False Civil Suit?
A false civil suit refers to a legal action initiated:
- Without any legal basis,
- Based on fabricated facts, or
- With the intent to harass, defame, or financially burden the defendant.
Such suits are not only an abuse of process but also waste the time and resources of the courts and the parties involved.
Consequences for Filing False Civil Suit
Section 35 CPC – General Costs
The losing party in a civil suit may be ordered to pay costs of litigation, including legal fees, court fees, and other incidental expenses.
Section 144 CPC – Restitution
If the plaintiff obtains an interim relief through a false claim, and the suit is later dismissed, the defendant can seek restoration of position and compensation.
Section 209 of the Pakistan Penal Code (PPC)
Filing a false claim in court is a criminal offense.
Punishment: Up to 2 years imprisonment, or fine, or both.
Action Under Section 250 of the Criminal Procedure Code (Cr.P.C.)
If a Magistrate hearing a case determines that the accusation against the accused is false, frivolous, or vexatious, the Magistrate may order the complainant to show cause as to why they should not pay compensation to the accused, as per Code of Criminal Procedure, Section 250(1). The Magistrate, after considering the cause shown by the complainant, may direct compensation not exceeding twenty-five thousand rupees to be paid to the accused, according to Code of Criminal Procedure, Section 250(2).
Penalties for False and Frivolous Claims under The Punjab Defamation Act 2024
In Punjab, The Punjab Defamation Act 2024, Section 20, stipulates that in cases of false, frivolous, and vexatious claims, the Tribunal shall order punitive damages against the claimant.
False Information to Public Servant
Providing false information to a public servant can lead to imprisonment and fines, as outlined in The Anti-Rape (Investigation and Trial) Act, 2021, Section 22. This section states that if someone provides false information to a public servant, intending to cause the public servant to take or omit certain actions, they can be punished with imprisonment up to three years and a fine.
Perjury under Section 193 of the Pakistan Penal Code (PPC)
Making false statements or providing false evidence in court constitutes perjury, punishable under Pakistan Penal Code, Section 193. The Haji UMAR KHAN Versus THE STATE, 1998 PCRLJ 1630, case emphasizes that deliberately lying under oath is a grave offense, potentially leading to imprisonment and fines. Similarly, THE STATE—Petitioner versus MUHAMMAD ILYAS and others—Respondents, 2001 YLR 1215, underscores the serious consequences of perjury, sentencing individuals to rigorous imprisonment and fines for making false statements in court.
Action for Malicious Prosecution
An individual who has been maliciously prosecuted by the filing of a false civil suit may file a case for recovery of damages. Muhammad Feroze Panjani v. Mrs. Mehr-un-Nisa and another, 2006 MLD 62, illustrates that lodging a false F.I.R. with malicious intent can result in substantial compensation for the damages suffered by the plaintiff.
Quashing of FIR
Filing a false FIR may have serious legal repercussions. In Mst. NASEEM BIBI v. SUB-REGISTRAR/M.I.C., LAHORE and others, 2000 YLR 47, the court emphasized that the registration of a criminal case is a statutory duty of the police when a cognizable offense is reported, regardless of the pendency of a civil suit. However, Shakir Aziz v. D.I.G., Faisalabad Range, Faisalabad, 1997 MLD 1604, demonstrates that parallel criminal proceedings should not be initiated when civil proceedings addressing the same grievance are ongoing.
Concurrent Civil and Criminal Proceedings
The initiation of a false civil suit can lead to concurrent civil and criminal proceedings. The court in Tahir-ul-Islam v. The State and Another, 1984 P Cr. L J 274, clarified that civil and criminal proceedings can run concurrently, especially in cases involving fraud. The existence of a civil suit does not automatically warrant the quashing of criminal proceedings if the F.I.R. independently discloses a criminal offense. Similarly, MUHAMMAD TARIQ Versus ADDITIONAL SESSIONS JUDGE, DUNYAPUR and 3 others, 2012 PCRLJ 285, reinforces that civil and criminal proceedings can run concurrently, even when they relate to the same underlying facts or documents.
Notable Case Laws in Pakistan
- PLD 2010 SC 952
The Supreme Court held that frivolous litigation is an abuse of process, and courts should impose deterrent costs to discourage such practice. - 2020 CLC 285 Lahore
The court imposed Rs. 25,000 as compensatory cost under Section 35-A CPC for filing a suit with malicious intent and no legal merit. - 2014 SCMR 692
False litigation was equated with criminal misconduct, and the court directed initiation of action under Section 209 PPC.
Key Legal Consequences of Filing a False Suit
| Consequence | Explanation |
|---|---|
| Dismissal of Suit | The court can reject or dismiss false claims summarily. |
| Compensatory Costs (Sec 35-A CPC) | Up to Rs. 50,000 as penalty for filing knowingly false claims. |
| Criminal Proceedings (Sec 209 PPC) | Imprisonment and/or fine for knowingly filing false legal claims. |
| Loss of Reputation (Defamation) | Risk of defamation counter-suits with heavy monetary damages. |
| Restitution (Sec 144 CPC) | Restoration of defendant’s original position with compensation. |
| Adverse Inference in Future Cases | Courts may treat plaintiff’s credibility as questionable. |
What Should You Do If You Face a False Civil Suit?
If you are a defendant in a false civil suit, you can:
- File an application under Section 35-A CPC for compensatory costs.
- Request rejection of the plaint under Order VII Rule 11 CPC.
- File a criminal complaint under Section 209 PPC.
- Initiate defamation proceedings if your reputation was harmed.
Conclusion
Filing a false civil suit in Pakistan is not a harmless act—it has serious legal consequences under both civil and criminal law. Pakistani courts are empowered to punish frivolous litigants, protect genuine litigants, and preserve the sanctity of judicial processes.
As a responsible citizen or legal professional, always ensure that civil claims are backed by evidence, merit, and legal basis.