Law: Civil Procedure Code (V of 1908)

Section: O.VII, R.II

Civil Procedure Code (V of 1908) O.VII, R.II‑‑‑Rejection of plaint ‑‑‑Court -fee, non‑deposit of‑‑‑Plaint was rejected by Trial Court for non‑deposit‑of requisite court- fee within time provided by the Trial Court‑‑ Appeal against rejection of plaint was also dismissed‑‑‑Plaintiff filed Constitutional petition and High Court directed Appellate Court to reconsider the matter‑‑‑Appellate Court, after reconsideration set aside the order of Trial Court and remanded the case for decision afresh‑‑‑Validity‑‑‑Where substantive rights of parties were involved, such controversies could only be resolved by adducing evidence‑‑‑Court fee had been paid by the parties and they had been allowed to produce their evidence in Trial Court, as trial of the suit was in the interest of both the parties to resolve the outstanding controversies‑‑‑High Court declined to interfere with the order passed by the Appellate Court. Rahmatullah v. Muhammad Ikram and 7 others 1999 MLD.1622; Nasir Raza Jaffry v. Messrs Macter Pharmaceutical (Pvt.) Ltd. through Managing Director and 34 others PLD 1998 Kar: 250 and Inam‑ur -Rehman Shah, Assistant Entomologist, Agriculture Department, Muzaffarabad v. The State PLD 1989 SC (AJ&K) 32 ref.                                                                                                                                  JUDGMENT The applicants in this revision application have assailed the judgment dated 8‑5‑2000, passed by learned IInd Additional District Judge, Sukkur in Civil Appeal No.9 of 2000, whereby the order passed by IInd Senior Civil Judge, Sukkur, rejecting the plaint under Order 7, Rule 11, C.P.C. filed by respondent was reversed and thereby remanded the suit for trial. The brief facts giving rise to this revision are that the respondent Yar Muhammad filed a suit for specific performance of contract and permanent…