Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Civil Procedure Code, (V of 1908), S. 151--Constitutional petition--Suit for cancellation of document--Affixation of Court fee--Neither Court fee was affixed on plaint nor assailed by filing any appeal or revision--Validity--In order to determine proper Court fee payable on plaint in, particular suit, correct principle was that plaint as a whole should be looked at and that it was substance of plaint not its ostensible form which really mattered. Specific Relief Act, 1877 (I of 1877)-- ----Ss. 39 & 42--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Cancellation of document--Affixation of Court fee as value of basic agreement--Difference between suit for cancellation of document and suit for declaration of title--Value of subject matter--Validity--It is settled principle that whenever plaintiff files a declaratory suit to establish his right in property and there is document which he must get declared null and void before relief can be granted it would be suit for all intents and purposes one for cancellation of document and Court fee payable under Court Fees Act, though filed under garb of declaratory such. Specific Relief Act, 1877 (I of 1877)-- ----S. 39--Cancellation of document--Affixation of Court fee as value of basic agreement--Relief for cancellation of document has been sought by plaintiff and possible result would be that in a suit for cancellation of document ad valorem Court fee is to be paid. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- By filing the instant constitutional petition the petitioner/defendant has assailed judgment dated 22.12.2009 whereby learned Additional District Judge Faisalabad accepted the revision filed by Plaintiff/Respondent No. 1 and set aside the order dated 21.2.2009 through which the learned trial Court required the plaintiff/respondent to affix Court fee as well as the order dated 17.9.2009 passed by the learned trial Court through which the review application filed by Plaintiff/Respondent No. 1 was dismissed. 2. The synopsis of the case are that Plaintiff/Respondent No. 1 filed a suit for cancellation of document/agreement…

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