| Citation(s) |
|---|
| 2001 SLG 3021 = 2001 SLD 3021 = 2001 YLR 101 |
Azad J. & K
Civil Appals Nos.40 to 44 of 1999, decided on 31st May, 2001.(On appeal from the judgment and decree of the High Court dated 5‑4‑1999 in Civil Appeals Nos.55, 57, 58, 59, 60 and 61 of 1998).
Presented By: Sardar Said Muhammad Khan, C.J. and Khawaja Muhammad Saeed, J
Ch. Muhammad Sharif Tariq for Appellants.( in all the Appeals). Ch. Muhammad Azam Khan, Raja Hassan Akhtar and Ch. Muhammad Anwar for
Respondents (in all the Appeals).
Civil Appals Nos.40 to 44 of 1999, decided on 31st May, 2001.(On appeal from the judgment and decree of the High Court dated 5‑4‑1999 in Civil Appeals Nos.55, 57, 58, 59, 60 and 61 of 1998).
Presented By: Sardar Said Muhammad Khan, C.J. and Khawaja Muhammad Saeed, J
Ch. Muhammad Sharif Tariq for Appellants.( in all the Appeals). Ch. Muhammad Azam Khan, Raja Hassan Akhtar and Ch. Muhammad Anwar for
Respondents (in all the Appeals).
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and another‑‑‑Appellants
VERSUS
KHURSHID AHMAD and another‑‑‑Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. VII, R. 11 (a), (b)
Law: Azad Jammu and Kashmir Supreme Court Rules, 1978
Section: O.XIV, R. 10, O.XV R.5
Law: Land Acquisition Act (I of 1894)
Section: 4, 23, 34
(a) Civil Procedure Code (V of 1908) O. VII, R. 11 (a) & (b)‑‑‑Rejection of plaint‑‑‑Undervalued plaint‑‑‑Where case fell within ambit of O. VII, R. 11 (a) & (b), C.P.C., the plaintiff must be required by the Court to correct the valuation and pay proper court fee within the time fixed by the Court‑‑ If plaintiff or appellant failed to do the needful within the time fixed by the Court then the plaint or memorandum of appeal, could be rejected. Messrs Nabi Bakhsh v. Pakistan PLD 1969 Kar. 566; M. Dodla Malliah v. The State of Andhra Pradesh AIR 1964 Andh. Pra. 216; Executive Engineer, Building Division, Mirpur v. Raja Muhammad Nawaz Khan PLD 1994 SC (AJ&K) 32; Manzoor Ahmad Naqashbandi v. M.A. Farooq 2000 YLR 2842; Sh. Muhammad Islam v. Adeeba Khanum 1985 CLC 1619; Secretary of State v. K.S. Bannerjee AIR 1927 Cal. 45 and Debi Din v. Secretary of State AIR 17939 All. 127 ref. (b) Azad Jammu and Kashmir Supreme Court Rules, 1978 O.XIV, R. 10, O.XV R.5 & Sched.‑‑‑Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42‑‑‑Appeal to Supreme Court‑‑‑Matter was governed by the Azad Jammu and Kashmir Supreme Court Rules, 1978 read with the relevant provisions contained in the Court Fees Act, 1870‑‑ Appellants were bound under O.XIV of the Azad Jammu and Kashmir Supreme Court Rules, 1978 to fix definite value for the purpose of the court fee and pay the same according to Part II of Third Sched. to the Rules within 30 days after the direction of the Registrar, of the Supreme Court but the appellants did not make up the deficiency in the court fee and instead followed a contumacious attitude despite the directions of the Assistant Registrar of the Court‑‑‑Appeal which was filed by the Government entailed dismissal on that sole ground under R.5 of O.XV of Azad Jammu and Kashmir Supreme Court Rules, 1978. (c) Land Acquisition Act (I of 1894) Ss. 4, 23 & 34‑‑‑Determination of market value of acquired land‑‑‑High Court had relied upon eight sale‑deeds in its judgment for ascertaining the market value of the acquired land‑‑‑Contention that sale‑deeds relied upon by the High Court, related to smaller pieces of the land and thus could not…