Case Details

Citation(s)
1986 SLG 1194 1986 SLD 1194 1986 SCMR 1378
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1005 of 1979, decision dated: 16-03-1986. (From the judgment of the Lahore High Court, Lahore. dated 24-9-1979 in Regular Second Appeal No. 253 of 1977).
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ

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ABDUL WAHID and others

VS

Mian GHULAM HAIDER and others

Law:

Section:

Constitution of Pakistan (1973)-----Art 185(3)--Civil Procedure Code (V of 1908), O. VII, R.11--Punjab Pre-emption Act (I of 1913), Ss. 4 and 15--Pre-emption suit--Deficient court-fee deposited by pre-emptor within time fixed by Court--Pre-emptor also making application that he would supply court-fee after getting statement of net profit--First Appellate Court as well as High Court interpreting order of Trial Court for deposit of deficient court-fee and arriving to conclusion that fee was deposited in time--Plaintiff /pre-emptor having a statutory right under O.VII, R. 11, Civil Procedure Code, for grant of time to supply deficient court-fee, of High Court was unexceptionable--Leave to appeal refused. Abid Hassan Minto, Advocate with Sh. Masud Akhtar, Advocate-­on-Record for Petitioners. Nemo for Respondents. Date of hearing: 16th March, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 24-9-1979 of the Lahore High Court; whereby a vendees Regular Second Appeal arising out of suit for pre-emption was dismissed. The respondents had filed a suit for pre-emption with deficient court-fee. By the order dated 29-9-1966 they were allowed time up to 14-11-1966 to make up the deficiency in the court-fee. The plaintiffs made up the deficiency by the said date. Despite that the plaint was rejected on the ground that the deficiency should have been made up by 12th of November, 1966, and not 14th of November, 1966. The first Appellate Court (and the High Court) interpretted the order dated 29-9-1966 as…
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