Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S.15---Civil Procedure Code (V of 1908), O.VII, R.11---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider effect of of Supreme Court in Siddique Khan's case reported as PLD 1984 SC 289, on the present case. Siddique Khan v. Abdul Shakur Khan PLD 1984 S C 289 rel. (b) Punjab Pre-emption Act (I of 1913)--S.15---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan (1973), Art.185---Dismissal of appeal on ground of deficiency in court­fee---Legality of---High Court, instead of dismissing appeal on account of deficiency in court-fee, should have allowed pre-emptor, at least one opportunity before applying punitive provision contained in O.VII, R.11, Civil Procedure Code, 1908---No opportunity having been afforded in the said manner for supply of deficiency of court-fee, appeal could not be dismissed on ground of deficiency in court-fee--- Supreme Court set aside High Court's , remanding the same to High Court for hearing of appeal from the stage, defect in proceedings took place---Second appeal should be deemed to be pending before High Court. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--This appeal by leave of the Court by the plaintiffs (rival pre-emptors) is directed; against the dismissal by the High Court of their Regular Second Appeal on the examination of the question of deficiency of court-fee. Leave to appeal was granted to consider the affect of the judgment of this Court in the case of Siddique Khan PLD 1984 SC 289 on the present case. The suit of the appellant having been decreed, the respondents' appeal was allowed. The decree of the trial Court was set aside on examination of the merits of the case. The appellants filed an appeal before the High Court which was dismissed on short ground of deficiency in court-fee without examination of the merits of the case. The learned Judge in the High Court observed that a court-fee in the sum of Rs.600 was actually paid on the memorandum of appeal filed before- the learned…

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