Case Details

Citation(s)
1981 SLG 1464 1981 SLD 1464 1981 PLD 206
Lahore High Court
Civil Revision No. 667 of 1980, decided on 23rd December, 1980
MUHAMMAD ILYAS, J
Mst. Walayat Khatun v. Khalil Khan and another P L D 1979 S C 821 ref. Mian M. Zafar Yasin for Petitioner. Sultan Alam for
Respondent

ABDUL REHMAN

VS

KAREEM BAKHSH--Respondent

Law:

Section:

(a) Court Fees.Act (VII of 1870)- Ss: 28 & 7 [as amended by Punjab Finance Act (XIV of 1973), S. 8]Court-fee-Appeal-Operation. of amendment-Not restricted to suits but equally applicable to appeals-Law governing valuation of suits generally followed for valuing appeals as well-Appeal arising out of suit instituted before amendment in law, held, to be valued according to amended law.=[Appeal (civil)--Court-fee-Interpretation of statutes]. LINK1 LINK2 Budhan Shah and others v. Mst. Shamshad Begum and others 1980 C L C 1788; Maulvi Ahmed Yar v. Mst. Hajran P L D 1866 B J 1; Ghulam Sarwar Khan v. Government N.-W. F. P. and another P L D 1955 Pesh. 81; Haji Rashiduddin and 2 others v. Dr. Ahmad Sadiq P L D 1978 Kar. 575; Abdul Sattar Khan and another v. Hafiz Muhammad Bakhsh and another 1979 S C M R 243; Balwant Singh v. Jagjit Singh A I R 1947 Lab. 210; R. M. Seshadri v. The Province of Madras, represented by the Chief Secretary to the Government of Madras A I R 1954 Mad. 543; Parmeshar Kurmi and another v. Bakhtawar Pande arid others A I R 1933 All. 20; Chunnilal and others v. Kishandas Ramdas A I R 1926 Nag. 71 and Syed Manzoot Hussain Ghazi v. Syed Ejaz Hussain Shah, Settlement Commissioner, Lahore Division, Lahore and 6 others P L D 1972 Lab. 743 ref. Akbar All and 4 others v. Ehsan Ellhi P L D 1980 Lab. 145 and Muhammad Anwar Khan v. Additional District Judge, Rawalpindi etc. P L D 1978 Lab. 716 rel. (b) Court Fees Act (VII of 1870)- - Ss. 7 & '28 and Limitation Act (1X of 1908), S. 3-Court-feeDeficiency, making up of-District Judge allowing respondent to make up deficiency in court-fee after expiry of period of limitation to file appeal-No good explanation furnished for failure to pay requisite court-fee in time-Valuable right having accrued in favour of petitioner due to running out of period of limitation such right, held, could not be taken away without sufficient cause and District Judge committed material irregularity in permitting respondent to make good deficiency in court-fee.-[Court-fee]. JUDGMENT The facts giving rise to this civil revision are that on 8th June, 1970, the respondent, Karim Bakhsh, brought a suit for pre-emption against the…
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