Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Court Fees Act, 1870

Section: 9

Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Civil Procedure Code (V of 1908)

Section: 149

(a) Constitution of Pakistan (1973)--Art. 185(3)--Civil Procedure Code (V of 1908), S.149--Court Fees Act (VII of 1870), S.9--Punjab Pre-emption Act (I of 1913), S.21--Suit for pre-emption --Statement of net profits for determination of correct Court-fee--Proof--Leave to appeal granted to consider the contention that "it was not necessary to proceed to alternative ground of there being no evidence on record because in fact statement of net profits was admissible in evidence, even without its having been formally proved by producing its author in evidence". (b) Court Fees Act (VII of 1870)-- ---S.9--Punjab Pre-emption Act (I of 1913), S.21--Suit for pre-emption--Court-fees, deficiency of--Statement of net profits--Enquiry to ascertain net profits would be necessary only in cases where Court had reason to believe that estimate given in plaint by plaintiff was wrong--No illegality would be there, if Court made reference to a chart or to a gazetteer or to anything else that will assist--Such enquiry was not a question of judicial decision but was done by Court merely for its satisfaction that whether it would be reasonable to question the valuation made by plaintiff--Court, however, could undertake investi­gation in a judicial manner if it wanted the matter to be further enquired into and also it was a matter upon which evidence of external facts became plainly necessary--Commission has to be issued to a proper person for such investigation--On receiving report from such Commissioner, it would be the duty of Court to come to a decision on basis of said report in accordance with provisions of C.P.C.--Such investigation should not be embarked upon without due reason, as otherwise even on a frivolous objection plaintiff would have to suffer hardship of going through an extra stage of litigation before he could prosecute suit. Allah Yar v. Muhammad Riaz P L D 1981 S C 489 distinguished. (c) Court Fees Act (VII of 1870)-- ---S.9--Question as to amount of court-fee payable not a question between parties but a matter between plaintiff and state--Fact whether defendant pressed issue of court-fee at trial or not, held, was immaterial. Allah Yar v. Muhammad Riaz P L D 1981 S…

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