By Bilal Saeed, Advocate (Punjab Bar Council), Lahore High Court and District Courts Lahore. Reviewed and last updated 28 June 2026.
Saeed Law Firm has handled civil recovery and specific-performance suits in Lahore since 1975.
This article is general information, not legal advice.
A recovery suit seeks to obtain payment of a debt or amount due under a contract. Specific performance is a court order forcing a party to perform the contract itself (e.g. transfer property). Both are available under the Specific Relief Act 1877 and Code of Civil Procedure 1908, with different timelines and suitability depending on the nature of the breach.
Key Facts at a Glance
| Item | Recovery of Money Suit | Specific Performance Suit |
|---|---|---|
| What it is | Suit to recover a sum of money due | Suit to force a party to perform the contract (not pay damages) |
| When used | Breach of payment obligation (loan, sale price, consultancy fee) | Breach where the contract demands an act (transfer property, deliver goods, complete work) |
| Governing statute | Code of Civil Procedure 1908, Specific Relief Act 1877 | Specific Relief Act 1877, Section 12 |
| Limitation period | 3 years for money/moveable property | 3 years (general contract), 12 years for immoveable property (land) |
| Court of jurisdiction | Civil Judge (District Court) or summary suit track | Civil Judge or Senior Civil Judge |
| Outcome if successful | Judgment for payment plus interest and costs | Court order to perform the act; if not performed, decree for damages instead |
Key Takeaways
- Recovery of money is the remedy when a contract demands payment; specific performance is used when a contract demands an act (like transferring property).
- Both remedies are governed by the Specific Relief Act 1877 and Code of Civil Procedure 1908, with strict limitation periods (3 years for most claims, 12 years for land).
- Use Order 37 CPC for undisputed debts to speed up the process; file an ordinary suit if the defendant disputes the claim.
- Executing a decree (collecting the money) is a separate legal phase that can take as long as the trial itself.
- Hire a civil lawyer to assess your claim, meet the limitation deadline, and navigate procedure to avoid dismissal.
What is a Recovery Suit?
A recovery suit is a civil action to enforce a creditor's right to money owed. The plaintiff sues to recover a specific sum under a contract, a loan, a cheque, or any agreement that imposes a monetary obligation on the defendant.
The suit is filed under the Code of Civil Procedure 1908. For undisputed debts (such as cheque dishonour or a straightforward loan), the plaintiff may use Order 37 CPC, which is a summary suit track.
> Under Order 37 CPC, a creditor may sue for recovery of a liquidated demand in money without trial if the defendant has no defence to the claim or the defence is frivolous. The judge decides on the written pleadings and documents alone, making the process faster.
Order 37 is faster because the defendant's defence is limited; if the defendant disputes the amount or claims they paid, a full trial is avoided and the judge decides on the pleadings alone.
For contested claims, the plaintiff files an ordinary suit under Orders 1-34 CPC, which allows discovery, multiple witnesses, and full argument.
The plaintiff must prove three things: (1) a valid contract or agreement between the parties, (2) breach by the defendant (non-payment), and (3) the exact amount due. The burden is on the plaintiff.
What is Specific Performance?
Specific performance is a court order forcing a party to actually perform the contract, not to pay money as compensation.
> Under Section 12 of the Specific Relief Act 1877, a court may decree specific performance of a contract for the sale of land, sale of goods, or any other act that the defendant is bound by the contract to perform.
For example, if Ali agreed to sell his house to Fatima and Fatima paid the price but Ali refuses to execute the sale deed, Fatima sues for specific performance. The court will order Ali to execute the deed within a fixed time. If he refuses, the court may appoint an officer (commissioner) to execute the deed on his behalf.
Specific performance is not always available. The court will not order it if:
- Damages are an adequate remedy. If Fatima can simply buy another house and deduct the difference in price from Ali, damages suffice.
- The contract is too vague. If the contract does not clearly specify what must be done, the court cannot enforce it.
- The act requires ongoing court supervision. For example, a contract for personal services (singing, painting on commission) cannot be specifically performed; the court cannot force someone to work for you.
- The contract is unlawful or against public policy.
What are the limitation periods for recovery suits?
Time limits are critical. Once the limitation period expires, the suit is barred.
Under the Limitation Act 1908:
- Recovery of money: 3 years from the date of breach (Article 113). If a cheque bounces on 1 January, the creditor must sue by 31 December three years later.
- Recovery of immoveable property (land): 12 years from the date of dispossession (Article 142). This long period applies because property ownership is stable.
- Specific performance of a contract for sale of land: 3 years from the date of breach (when the seller refused to transfer the deed).
Missing the deadline is fatal. The court must dismiss the suit, even if the claim has merit.
What other reliefs can I seek alongside recovery or specific performance?
A plaintiff can seek not only recovery or specific performance, but also declaration and injunction.
Under Specific Relief Act 1877, Section 42, the court can declare a fact: "The plaintiff is the rightful owner of the land" or "The contract is valid and binding." This declaration clarifies rights and prevents future disputes.
Under Code of Civil Procedure 1908, Order 39, the court can issue an injunction. A prohibitory injunction orders the defendant NOT to do something ("Do not sell the house to anyone else until this suit is decided"). A mandatory injunction orders the defendant to DO something ("Hand over the goods within 7 days"). Injunctions can be interim (temporary, lasting only until the suit is decided) or final (part of the judgment).
In a property dispute, the plaintiff might seek recovery of possession (or specific performance of the transfer deed), plus a declaration that they own the land, plus an injunction preventing the defendant from selling to anyone else. All three can be granted together.
How much do court fees cost, and which court has jurisdiction?
Court fees are set by the Court Fees Act 1870. They are not fixed; they scale with the claim value.
A suit for recovery of Rs 100,000 costs far less than a suit for Rs 10 million. The fee is calculated using marginal rates published by the FBR each year. For the exact fee, consult the court office or a lawyer; attempting to calculate it yourself risks rejection.
Jurisdiction depends on the amount:
- Civil Judge (District Court): Hears suits of ordinary value (generally up to a cap set by provincial rules; the cap varies but is typically Rs 5 million to Rs 20 million).
- Senior Civil Judge: Hears high-value suits and appeals from Civil Judges.
- District Judge: Hears appeals from Senior Civil Judges and suits over a district threshold.
- Lahore High Court: Constitutional and revisional matters, writs, and second appeals.
File the suit in the court of the defendant's residence or where the cause of action arose. If jurisdiction is wrong, the defendant can object and the suit may be dismissed.
What is the step-by-step procedure for a recovery suit?
A typical recovery suit follows this path:
- Filing the plaint: The plaintiff submits a written claim stating the facts, the defendant's breach, and the amount due. The plaint must include the court fee, proof of service on the defendant, and any attached documents (the contract, the cheque, correspondence).
- Summons: The court issues a summons to the defendant, giving him 30 days to file a written statement (defence).
- Written statement: The defendant replies. If the defendant admits the amount and offers to pay, the suit may settle. If the defendant disputes the claim or alleges a counter-claim, the trial proceeds.
- Discovery: The parties exchange copies of documents that support their claims.
- Trial: The plaintiff and defendant present oral evidence; witnesses are cross-examined.
- Judgment: The judge decides. If the plaintiff wins, the judgment orders the defendant to pay the amount plus interest at a rate the court considers reasonable; post-judgment interest is commonly awarded up to 6% per annum under section 34 of the Code of Civil Procedure 1908, and any contractual interest rate is subject to the agreement. The rate varies by case and contract terms. The decree also includes court costs. If the defendant refuses to comply, you must file an execution petition to collect the money (see below on how to collect the decree).
For an Order 37 summary suit (undisputed debts), steps 4-5 are skipped. The judge decides on the written pleadings and documents alone.
Timeline: A first-instance judgment typically takes 12-24 months from filing, depending on court workload and the number of witnesses. Appeals to the Senior Civil Judge add 6-12 months; a second appeal to the High Court adds another 6-12 months.
How do I collect the money after I win the case?
Obtaining a judgment is not the same as collecting the money or property.
After judgment, the successful party (decree holder) must file an execution petition. The court then instructs the sheriff to attach the defendant's assets: bank accounts, salary, vehicles, property, or goods. The sheriff sells or seizes the assets and pays the decree amount to the plaintiff.
If the defendant has no visible assets or claims poverty, execution can drag for months or years. The court has limited power to force asset disclosure; corrupt or dishonest judgment debtors can hide money abroad or register property in others' names.
In our Lahore practice, we have seen cases where the decree was passed in 18 months but execution took 5 years because the defendant concealed assets.
What evidence and documents do I need?
To win a recovery suit, gather these documents:
- The original contract or agreement (purchase agreement, loan deed, promissory note, cheque).
- Correspondence: Emails, WhatsApp messages, letters showing the agreement and the defendant's acknowledgment or refusal to pay.
- Proof of payment: Bank statements or receipts showing that you paid your part of the contract.
- Proof of non-payment: If the defendant owes you, bank records showing no payment from the defendant.
- Witness statements: If the agreement was oral, affidavits from credible witnesses present at the time.
- Expert opinion: For disputes over property value or quality, an expert valuer or engineer's report.
Originals are best. Certified photocopies are acceptable if the original is unavailable. Hearsay evidence (reports of what someone else said) is generally not admitted unless it falls under an exception. If you need help gathering and presenting evidence, contact a civil lawyer in Lahore before filing to avoid procedural pitfalls.
Example (Illustrative)
Ali agreed in writing to sell his house to Fatima for Rs 1 million. Fatima paid the money by bank transfer on 15 January 2026. Ali agreed to execute the sale deed by 28 February. On 1 March, Ali still refuses to execute the deed. Fatima sues for specific performance under Section 12 SRA 1877.
In her plaint, Fatima alleges the contract (the written agreement signed by both), the bank transfer receipt, correspondence from Ali saying he received the money, and his recent email saying he has changed his mind and will not sell.
The court hears evidence. Ali testifies that he never received full payment (false). Fatima shows the bank statement. Ali then admits receiving the money but claims Fatima breached another term (she did not arrange the electric meter transfer; immaterial to the sale of the house).
The judge orders Ali to execute the sale deed within 30 days. If Ali does not comply, the court appoints a commissioner to execute the deed on his behalf, and Ali is ordered to pay Fatima's court costs and interest.
When should I hire a lawyer for a recovery suit?
You can file a recovery suit without a lawyer, but the process is technical. Court rules, procedure, evidence, and strategy matter. A lawyer will:
- Assess whether you have a viable claim
- Draft a compelling plaint
- File promptly (missing the limitation period is fatal)
- Prepare witnesses and cross-examine the defendant
- File an appeal if judgment is adverse
Hire a civil lawyer in Lahore if the claim is large, the facts are disputed, or the defendant has a credible counter-claim. Related issues such as cheque bounce recovery also benefit from prompt legal advice to meet strict deadlines.
Frequently Asked Questions
Q: What is the difference between recovery of money and specific performance?
A: Recovery of money is a suit to obtain payment of a debt or amount due. Specific performance is a suit to force a party to perform the contract itself (e.g. transfer property). Use recovery of money when the contract was for payment (loan, sale price, consultancy fee). Use specific performance when the contract was for an act (transfer of land, delivery of goods, completion of work).
Q: How long does a recovery suit take in Pakistan?
A: A first-instance judgment usually takes 12-24 months. Appeals to the Senior Civil Judge add 6-12 months; a second appeal to the High Court adds another 6-12 months. Execution (collecting the money or property) can take months to years depending on whether the defendant has assets.
Q: What is the limitation period for a recovery suit?
A: Three years from the date of breach for money or moveable property (Article 113, Limitation Act 1908). Twelve years for land (Article 142). Missing the deadline bars the suit forever.
Q: Can I get an injunction to stop the defendant from selling the property?
A: Yes. Under Order 39 CPC, the court can issue a prohibitory injunction ordering the defendant NOT to sell the property until the suit is decided. This is interim relief and is granted if you can show urgency and a credible claim.
Q: What documents do I need to file a recovery suit?
A: The original contract or agreement, cheque, promissory note, or written proof of the debt. Correspondence (emails, letters) showing the agreement and breach. Bank statements or receipts proving payment made or non-payment by the defendant. Witness affidavits if the agreement was oral.
Q: What is execution of a decree?
A: After the court passes judgment, the decree is not self-executing. You must file an execution petition. The court then directs the sheriff to attach the defendant's assets (bank account, salary, property, vehicles) to satisfy the judgment. This phase often takes as long as the trial itself.
Q: When is specific performance not available?
A: When damages are an adequate remedy; when the contract is too vague to perform; when the act requires ongoing court supervision (e.g. personal services); or when the contract is unlawful. Always consult a lawyer to assess if specific performance is viable for your contract.
Q: What is the role of a lawyer in a recovery suit?
A: A lawyer assesses your claim, drafts the plaint, files within the limitation period, prepares evidence and witnesses, argues the case, and handles appeals. They help you avoid procedural mistakes that can result in dismissal.
Speak to a civil lawyer in Lahore
If you are in a contract dispute or need to recover money or enforce a sale agreement, Saeed Law Firm has practised in Lahore since 1975 and handled dozens of civil recovery and specific-performance suits. We offer a free initial consultation to discuss your claim and your legal options. Contact us to begin.
Saeed Law Firm, Y Block Main Market, Sector Y, DHA Phase 3, Lahore 54793. Phone: +92-319-4959420.