Law: Civil Procedure Code (V of 1908)

Section:  O. XIV

Law: Court-fees Act (VII of 1870)

Section: 8, 28

(a) Civil Procedure Code (V of 1908)  O. XIV, r. I-Framing of issues-Parties at variance on a_ point-Court under duty to frame issue on such point--Mere fact of plea being not raised in body of written statement but mentioned only in prayer, held, cannot absolve Court from framinu issue on such point. (b) Court Fees Act (VII of 1870)  S. 8-Deficiency in court-fee-Court duty bound to see appeal presented by affixing proper court-fee-Office accepting appeal without raising any objection as to insufficiency of court-fee Appellants, held, cannot be condemned.--[Duty of Court]. Mst. Walayat Khatun v. Khalil Khan and another P L D 1979 S C 821 distinguishable. (c) Court Fees Act (VII of 1870)  S. 28--High Court competent to direct memorandum of appeal being stamped as it ought to have been and on such a direction having been complied with every proceeding relating thereto deemed to be as valid as if document properly stamped in first instance.-[Appeal (civil)]. Chedi Lal and another v. Kirath Chand and others I L R 2 All. 682 and Nur Ahrnad v. Muhammad Jan Khan and others 1' L D 1972 Pesh. 164 ref. Dates of hearing : 30th September and 1st October, 1979.                                                                                                                                                 JUDGMENT This second appeal arises out of the judgment of the learned District Judge, Sheikhupura, in a suit for pre-emption wherein the grievance raised was that the appellants have made improvements on the land but the compensation has not been allowed to them. The appeal was admitted on this short ground. 2. Two questions were raised by learned counsel for the appellants firstly, that the plaint was insufficiently stamped and as such it should have been rejected and secondly that the question of…