Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Constitution of Pakistan (1973), Art. 185(3)---Rejection of plaint---Leave to appeal was granted to consider, whether High Court erred in relying upon net profits-table relating to Kharif 1978 and Rabi 1979 for purpose of court-fee, instead of Kharif 1977 and Rabi 1978. (b) Civil Procedure Code (V of 1908)--O.VII, R.11---Constitution of Pakistan (1973), Art. 185---Rejection of plaint ---Validity---Net profits-table produced by plaintiff did not relate to relevant period i.e. Kharif 1978 and Rabi 1979, but pertained to Kharif 1977 and Rabi 1978, therefore, same could not have been accepted for purpose of determining amount of court-fee---Plaintiff's plaint, however, could not have been rejected, for Court was obliged to grant plaintiff time for payment of proper court-fee---Judgments and decrees of Courts below rejecting plaint were, thus, set aside and case remanded to First Appellate Court for deciding appeal afresh---Parties were to be allowed to lead evidence on question of net profits of relevant years. Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 ref. JUDGMENT AJMAL MIAN, J.---This is an appeal with the leave of the Court against the judgment dated 15-5-1989 passed by a learned Single Judge of the Lahore High Court in Civil Revision No. 694/D of 1986, filed by the appellants against the judgment and decree dated 6-3-1986 of the learned Additional District Judge, Okara passed in Civil Appeal No. 116 of 1985, filed by the respondents whereby the judgment and decree of the learned Civil Judge, Depalpur, dismissing the respondent's suit for pre-emption were reversed and a decree in their favour was passed, dismissing the same and maintaining the above appellate judgment and decree. Leave to appeal was granted to consider, whether the learned Judge in chamber erred in relying upon net profits table Exh.P.2 relating to Kharif 1978 and Rabi 1979 for the purposes of court-fee, instead of Kharif 1977 and Rabi 1978. 2. The brief facts are that respondent No.1 plaintiff filed a civil suit for pre-emption regarding the suit land, the detail of which is given in para. 1 of the…

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