| Citation(s) |
|---|
| 1984 SLG 236 1984 SLD 236 1984 PLD 289 |
Supreme Court of Pakistan
Civil Appeals Nos. 104 of 1978 and 136 of 1979, decisiondated: 22-11-1983.
MUHAMMAD HALEEM, ACTG. C.J., ASLAM R IAZ HUSSAIN, MUHAMMAD AFIAL ZULLAH AND M. S. H. QURAISHI, JJ
Ch. Abdur Rahman, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record for Appellant.Imtiaz Muhammad Khan, Advocate-on-Record No. 1.Bashir A. Ansari, Senior Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record for Appellants.X. E
Civil Appeals Nos. 104 of 1978 and 136 of 1979, decisiondated: 22-11-1983.
MUHAMMAD HALEEM, ACTG. C.J., ASLAM R IAZ HUSSAIN, MUHAMMAD AFIAL ZULLAH AND M. S. H. QURAISHI, JJ
Ch. Abdur Rahman, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record for Appellant.Imtiaz Muhammad Khan, Advocate-on-Record No. 1.Bashir A. Ansari, Senior Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record for Appellants.X. E
SIDDIQUE KHAN AND 2 othersvsABDUL SHAKUR KHAN AND ANOTHER-Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)-Art. 185(3)-Civil Procedure Code (V of 1908), O. VII, r. I1(c), O. XLl and Ss. 107, 149 & 151-Punjab Pre-emption Act (I of 1913), ' S. 15-Punjab Finance Act (XIV of 1973), S. 8-Court Fees Act (VII of 1870), S. 7(vi)-Deficiency of court-fee and its effect on limitation Leave to appeal granted to examine contention (1) whether appellant could avoid paying court-fee calculated on basis of amendment in law (through Punjab Finance Act, 1973), for paying court-fee on appeal, filed after amendment, on ground that : right of appeal being vested one, court-fee leviable at time of institution of snit (which admittedly was prior to amendment by Finance Act, 1973) was correct court-fee for appeal which would be deemed to be in continuation of suit : l2) view held in P L D 1972 Lah. 743 according to petitioner's contention was not correct.-[Court-fee]. Constitution of Pakistan (1973)- . --- Art. 185(3?--Civil Procedure Code (V of 1908), O. VII, r. l I(c), V. XLI and Ss. 107, 149 & 151-Punjab Pre-emption Act (I of 1913), S. 15 -Court Fees Act (VII of 1870), S. 7(vi)-Deficiency in court-fees and its effect on limitation-Leave to appeal granted to examine contentions (1) that O. XLI, r. 3 could be read with O. VII, r.. 11(c) and Ss. 107 & 151, C. P. C. ; (2) that appellate Court could also like trial Court, require supply of deficiency in court-fee under O. VII, r. I 1(c), C. P. C. with consequences accordingly (3) that difference of opinion amongst superior Courts on such legal question required to be resolved. (c) Constitution of Pakistan (19731 -- Art. 185(3)-Civil Procedure Code (V of 1908), O. VII, r. 11(c), O. XLI and Ss. 107, 149 & 151-Punjab Pre-emption Act (I of 1913), S. 15-Court Fees Act (VII of 1870), S. 7(vi)-Deficiency in court-fees and its effect on limitation-Leave to appeal granted to examine contention that first appeal could not have been rejected as timebarred on account of defibiency in court-fee, same could be dismissed only if, a party was found guilty of `contumacy' or "positive mala fide" in paying deficient court-fee as held in 1972 S C M R 179. (d) Appeal (civil) Appellant succeeding on law point-Case merits remand…
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