Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(2)--Civil Procedure Code (V of 1908), O. VII, R. 11--Punjab Pre-emption Act (I of 1913), Ss. 21 & 30--Court Fees Act (VII of 1870), Ss. 6 & 12--Court-fee, deficiency of--Suit for pre-emption, under valued--Dismissed as time-barred for non-payment of court-fee--High Court took view that although specific valuation was not placed but substantial court-fee was paid on plaint as filed and that it was a case of calculation made by one party as against a different calculation made by other, set aside and remanded case--Order impugned-­Supreme Court, held, that issue involved was no longer open for consideration--Correctness of impugned being unexceptionable and appeal being time-barred was dismissed. Mst. Parveen v. Mst. Jamsheda Begum P L D 1983 S C 227 and Shahna Khan v. Aulia Khan P L D 1984 S C 157 ref. (b) Constitution of Pakistan (1973)---Art. 185(2)--Limitation Act (1X of 1908), S.5--Appeal before Supreme Court under Art.185(2) of Constitution of Pakistan barred by 137 days-­Dismissed as time-barred. Ch. M. Anwar Bhinder, Senior Advocate Supreme Court with Haji Ghias Muhammad, Senior Advocate Supreme Court assisted by S. Wajid Hussain, Advocate-on-Record (absent) for Appellants. Haji Muhammad Anwar Buttar, Senior Advocate Supreme Court assisted by Ch. Akhtar Ali, Advocate-on-Record for Respondent: Date of hearing: 4th November, 1985. JUDGMENT S.A. NUSRAT, J.--This appeal under Article 185(2) of the Constitution has been brought to challenge the judgment of the Lahore High Court, dated 5-1-1989 whereby the case has been remanded after setting aide the judgment and decree of the Civil Judge, Wazirabad, dated 29-6-1978 -dismissing the suit of the plaintiffs/respondents as barred by time for non--payment of court-fees. 2. Manzoorul Haq and 3 others had sold the land measuring 710 Kanals and 3 Marlas situated in village Kalair to appellants Allan Rakha and others for a sum of Rs.5,20,000 by a registered deed, dated 9-1-1975. The respondents/ plaintiffs filed a suit on 9-1-1975 on the basis of their superior right of pre-empting the sale paying court-fee of Rs.8,989 on the valuation of Rs.1,19,850 calculated…

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