Law: Constitution of Pakistan, 1973

Section: 185

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O.VII, r.11--Default in payment of requisite court-fee--Plea that it was incumbent upon trial Court to reject plaint not accepted--Principle laid down by Supreme Court, held, correctly applied--High Court being unexception­able leave to appeal refused. Siddique Khan and others v. Abdul Shakur Khan and others P L D 1984 S C 289 ref. ORDER SHAFIUR RAHMAN, J.--The first respondent filed a suit against the petitioners for pre-emption of the suit-land which was dismissed on the ground that the suit-land was not pre-emptable. Appeal against the judgment of the trial Court was dismissed but on a second appeal Lahore High Court remanded the case to the trial Court for decision on merits. In the second round of litigation, suit was decreed by the trial Court in plaintiff's favour, appeal filed by petitioners was…

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