In Pakistan, legal disputes over property, eviction, or contractual rights often require urgent court intervention. One of the most effective remedies in such cases is a stay order in Pakistan. This is a temporary legal protection issued by a court to stop certain actions — such as property sale, illegal construction, or eviction — until the case is decided.
In this guide, we will explain the stay order procedure in Pakistan, the requirements, documents, costs, and legal steps so you know exactly how to get stay order from court in different situations.
A stay order is a temporary injunction issued under the Code of Civil Procedure, 1908 (Order XXXIX Rules 1 & 2). It prevents a party from taking certain actions that could cause harm to another party before the final decision of the court.
For example:
Stopping the sale of disputed property
Halting illegal construction
Preventing eviction without due process
While often used interchangeably:
Stay Order – Generally halts an action or execution of a decree.
Injunction – Broader term that can be temporary or permanent, stopping specific acts.
Both are part of Pakistan’s civil litigation process.
Temporary Stay Order – Issued urgently, usually until the next hearing.
Permanent Stay Order – Granted after a full trial when the case is proven valid.
You can request a stay order in Pakistan for:
Property Disputes – Preventing sale, possession change, or demolition of disputed property.
Eviction Cases – Stopping illegal eviction by landlords.
Construction Disputes – Halting unauthorized or harmful construction.
Execution of Court Decrees – Pausing execution until appeal is decided.
Family & Business Matters – Preventing harmful actions until a dispute is settled.
To file a stay order application in Pakistan, you must meet these conditions:
Valid legal grounds showing your rights are at risk.
Urgency – Prove immediate harm if the order is not granted.
Evidence – Strong documents, photos, agreements, or witnesses.
Good faith – No false claims or concealment of facts.
Choose a lawyer skilled in civil litigation to prepare your case.
Your lawyer will prepare a plaint or stay order request under CPC, clearly stating:
Facts of the dispute
The harm you are facing
The exact relief requested
Include:
CNIC copy
Property documents or agreements
Photographic/video evidence
FIR or police report (if relevant)
Affidavit
File in:
Civil Court – For property or contract issues
Family Court – For matrimonial disputes
High Court – For urgent or special jurisdiction cases
The judge may issue a temporary stay order immediately if urgency is proven.
The opposite party is given notice and allowed to respond.
Follow court terms strictly until further hearings.
CNIC copy
Ownership or tenancy proof
Evidence of dispute (photos, videos)
Affidavit of truth
Court Fee – Usually nominal (a few hundred rupees).
Lawyer’s Fee – Can range from PKR 15,000 to PKR 200,000+ depending on complexity and location.
Temporary Stay Order – Lasts until the next hearing or for a set time.
Can be extended if urgency continues.
Can be cancelled (vacated) if misused or proven unnecessary.
If a stay order case in Pakistan is filed against you:
File a counter affidavit
Provide evidence showing no urgency or harm
Request cancellation (vacation) of stay order
Appeal to higher court if needed
Filing without proper legal grounds
Delaying application in urgent matters
Providing incomplete evidence
Misrepresenting facts
Q1: How long does it take to get a stay order in Pakistan?
In urgent cases, you can get a temporary stay order the same day or within a few days.
Q2: Can a stay order be extended?
Yes, courts can extend it if valid grounds continue.
Q3: Is a stay order valid without a court seal?
No, it must have an official seal and signature.
Q4: Can police enforce a stay order?
Yes, courts can direct police for enforcement.
A stay order in Pakistan is a crucial legal safeguard that prevents irreparable harm in disputes. By understanding the stay order procedure, gathering strong evidence, and working with an experienced lawyer, you can effectively protect your rights in property, tenancy, or civil matters.
If you are facing an urgent threat, act quickly — delay can weaken your case. Always follow the court’s instructions and maintain good faith throughout the process.
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