Case Details

Citation(s)
1982 SLG 456 1982 SLD 456 1982 SCMR 753
Supreme Court of Pakistan
Civil Petition No. 367 of 1981, decision dated: 29-08-1981.(Against the judgment and order of the Lahore High Court, Lahore, dated 2$-2-1981 in Writ Petition No. 3416 of 1980)
KARAM ELAHEE CHAUHAN AND M. S. H. QURESHI, JJ
Jari Ullah Khan, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioner. Malik Talib Hussain Awan, Advocate Supreme Court with Salah-ud-Din, Advocate-on-Record for
Respondents Nos. 1 and 2.

KHURSHID

VS

GHULAM MUHAMMAD AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973)-- Arts. 185(3) & 199 and Court Fees Act (VII of 1870), S. 28-Court­fee-Deficiency-Member, Board of Revenue non-suiting respondent for not having made up deficiency in Court-fee for six years-High Court however, holding decision to be of no legal effect due to question of late payment having not been taken in suit or memo. of appeal ­Whether High Court in its constitutional jurisdiction could interfere with order of Member Board of Revenue on such grounds-Leave to appeal granted to consider question.-[Court-fee-Leave to appeal]. ORDER M. S. H. QURESHI, J.-In this case respondents 1 and 2 had affixed court-fee of Rs. 2.00 only on their plaint when they instituted the pre-emption suit on 17-7-1974. They did not make up the deficiency within the time allowed by the Court. They made it up on 19-1-1979, just a few days before the decree was passed. The appellate Court took notice of it and remanded the matter to the trial Court for a…
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