Case Details

Citation(s)
1989 SLG 752 1989 SLD 752 1989 SCMR 787 1989 SLD 1308 1989 SCMR 787
Supreme Court of Pakistan
Civil Petition No.1211 of 1983, decision dated: 12-09-1988
MUHAMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ

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Messrs RIAZ MASOOD & BRothers

VS

PAKISTAN and another

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--0. VII, R. 2--Constitution of Pakistan (1973), Art.185(3)--Suit for rendition of accounts--Dismissal of suit on the ground that relief claimed being in respect of a specific amount, keeping in view relationship of parties, same should have been a suit for recovery of specific amount and court-fee should also have been affixed accordingly--Finding upheld by High Court--Petitioner's case being a 6t one to examine the questions raised in petition including the question whether petitioner should not have been allowed/asked to amend his plaint and also to supply deficient court-fee--Judgments of Supreme Court reported as Ghulam Bibi v. Sarsa Khan P L D 1985 S C 345 and Zulfiqar Ali v. Province of the Punjab 1986 S C M R 974 would also require examination in the foregoing context--Leave to appeal was granted in circumstances. Zulfiqar Ali v. Province of the Punjab 1980 S C M R 974 ref. Abdul Aziz Oureshi, Advocate Supreme Court and S. Abid Nawaz, Advocate­on-Record for Petitioner. Malik M. Qayyum, Deputy Advocate-General with Gulzar Hussain, Advocate-on-Record for Respondents. Date of hearing: 12th September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff against the dismissal by the High Court of his Regular Second Appeal. The petitioner had filed a suit for…
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