Law: Constitution of Pakistan 1973

Section: 7 (iv) (c) & (d) , 8

Law: Court Fens Ad (VII of 1870)

Section: 3

 ORDER

Plaintiffs Nos. 1 to 4 and defendants Nos. 1 and 2 are the shareholders in Rex Talkies Limited, a private Limited Company, registered under the Companies Act, 1913. It appears from the statements made in the plaint that the defendants Nos. 1 and 2 on or about 29th November 1978, without obtaining prior consent from the plaintiffs, and in the alleged violation of Article 16 of Association of the Company, entered into an agreement with defendant No. 3 for the sale of their shares held in the Company, as per agreement dated 29th November, 1978 annexed with the plaint. When the plaintiffs came to know of the said agreement between defendants Nos. 1 and 2 on the one hand and defendant No. 3 on the other, the plaintiffs objected to the said agreement and called upon the defendants Nos. 1 and 2 that if they intended to sell their shares, the plaintiffs were ready to purchase then at the value proposed by defendant No. 3. The plaintiffs also called upon the defendants Nos. 1 and 2 to cancel the alleged agreement and return the money received by them from defendant No. 3. The said request of the plaintiffs having not been accepted by the defendants they chose to file the above suit wherein it was, inter alia alleged that the said agreement was neither legal nor binding on the. plaintiffs. It was further asserted that the defendants were liable to be restrained by a permanent injunction from enforcing, in any manner, the alleged agreement.

2.  The plaintiffs valued the above suit at Rs. 51,000 for the purpose of jurisdiction and Rs. 200 for declaration and for Rs. 200 for permanent injunction and for Rs. 200 for mandatory injunction. It was also stated in para. 10 of the plaint that a]though no court-fee was payable on this suit. instituted on the original side of this Court, the court-fee as provided under the Court Pees Act, has been affixed, without prejudice to the said contention. The plaintiffs,accordingly, paid a sum of Rs. 45 as court fees. The plaintiffs, however, undertook to pay, if any additional court fee was found to be so payable by the plaintiffs. An objection to the payment of court-fee of Rs. 45 only was raised by the Office and a reference in this respect was made to the Courts On 15-9-1979, it was observed by my learned brother, Zaffar Hussain Mirza, J. that "the plaint be admitted with the court-fee already paid subject to all just exceptions at the trial".