Law:

Section:

Civil Procedure Code (V of 1908) O. VII, R. 11 & S. 149 Constitution of Pakistan (1973), Art. 185(3) ¬Deficient court fee and duty of Court Dismissal of suit for plaint being insufficiently stamped Issue of superior right of pre emption was, however, accepted by the Trial Court Plaintiff's suit was decreed by Appellate Court and such decree was affirmed by High Court in second appeal Validity ¬Trial Court had accepted the deficient court fee and requisite stamps were placed on record Trial Court, on the ratio of Siddique Khan's case (PLD 1984 SC 289), was bound to determine the exact amount of court fee and afford reasonable time to plaintiff to make up the deficiency Plaintiff had paid the proper court fee after final calculation Finding rendered by First Appellate Court and the High Court in decreeing plaintiff's 'suit being in accord with law did not warrant interference Leave to appeal was refused in circumstances. Rachappa Subrao Jadhey Desai v. Shidappa Venkatrao Jadhey Desai AIR 1918 PC 188 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J. Leave to appeal has been sought against the judgment of the High Court dated 17 10 1992. 2. The facts, in brief, are that the respondent brought a suit for preemption against the petitioners. The suit was contested and issues were framed. The learned trial Court dismissed the suit on the ground that the plaint was insufficiently stamped. On the other issues the superior right of the respondent was accepted. The appeal filed by the respondent was accepted by the District Judge, Jhang. The second appeal filed against the judgment of the learned District Judge was…

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