Law:

Section:

(a) Civil Procedure Code (V of 1908)----O.VII, R.11(c)---Limitation Act (IX of 1908), S.5---Court Fees Act (VII of 1870), S.7---Punjab Pre-emption Act (I of 1913), S.13---Rejection of plaint--­Validity---Suit for possession by pre-emption ---Discretion of Court to grant time to make up deficiency in court-fee ---Extent---Pre-emption suit was filed well within time but for deficiency in court-fee, Court allowed time to make up the same---Held, it was obligatory to allow time for supply of deficiency in cburt­fee before rejecting the plaint---Appellate Court while exercising its discretion under O. VII, R.11(c), C. P. C. rightly afforded opportunity to the appellant to make up deficiency in court-fee---Finding of Appellate Court, .being based on sound reasoning, was upheld by High Court accordingly. [p. 1863] B (b) Words and phrases--- ----"Contumacy"---Meaning of---" Contumacy" in the context is used in the general dictionary sense and not as a word of art and means contempt of lawful authority, obstinacy or stubbornness. [p. 1863] A Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289; PLD 1979 SC 821; PLD 1970 SC 37; 1972 SCMR 179 and Muhammad Hussain and another v. Mst. Bhoori 1994 SCMR 367 ref. JUDGMENT The facts giving rise to this revision petition, briefly stated, are that one Eisa, predecessor-in-interest of the present petitioners, purchased certain land from Mst. Nishan and Mst. Naseem Akhtar, daughters of Yousaf Khan for a sum of Rs.10,000 on 31-3-1971. Ahmad Din, predecessor-in­interest of the respondents, brought a suit for possession by pre-emption of this land claiming superior right of pre-emption and also that the land had in fact been sold for a sum of Rs.5,000 which was fixed in good faith and actually paid. 2. 'The vendee controverted the assertions of the prospective pre-emptor and maintained in his written statement that the !arid had in fact been purchased by him for a sum of Rs.10,000 which was fixed in good faith and actually paid; that he had made improvements on the suit land spending a sum of Rs.2,000 thereon; that the plaintiff/pre-emptor had waived his right of pre-emption, if any; and that the suit was barred…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492