Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-- -- S. 21---Civil Procedure Code (V of 1908), O.XXXII, R.2---Suit for pre-emption---Suit for pre-emption was resisted on the ground that pre-emptcr at the time of institution of suit was a minor and could not have competently instituted suit without aid of a next friend---Evidence on record had fully proved that pre-emptor was major at the time of filing the suit ---Vendee did not seriously pursue objection with regard to minority of pre-emptor as neither issue on the subject was claimed by vendee nor had produced any evidence to prove minority of pre-emptor, even when pre-emptor appeared as a witness in case, he was not suggested by vendee that he was a minor at the time of institution of suit---No defect in circumstances was thus found in institution of suit by pre-emptor himself---Defect in representation, however, was curable by amendment of plaint and Rule 2 of Order XXXII; C.P.C. did not envisage a compulsive dismissal of suit instituted by a minor without aid of a next friend--­Court trying suit was possessed of jurisdiction to cure such defect. Muhammad Nawaz Khan and 2 others v. Islam-ud-Din 1991 MLD 1253 ref. (b) Civil Procedure Code (V of 1908)-- ----S. 107(2)---Court Fees Act (VII of 1870), S. 12---Deficit court-fee--­Payment of---Direction of Appellate Court asking payment of deficit court-fee had been challenged contending that Court could not have ordered for deposit of deficit court-fee for saving suit from dismissal---Contention was repelled holding that Court was sufficiently invested with jurisdiction to direct such payment under S.12(ii) of Court Fees Act, 1870 and that S.107(2), C.P.C. had given Appellate Court same powers and duties as were conferred and imposed on Court of original jurisdiction in respect of suit instituted before it---Powers of Appellate Court were co-extensive with powers of Trial Court and Appellate Court could also determine amount of court-fee payable on a document and call for its payment---Without allowing an opportunity for meeting fiscal liability, plaint or appeal, as the case may be, could not be rejected by Court. JUDGMENT Mukhtar Ahmad plaintiff-respondent sued for…

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