Law:

Section:

ourt-tee- —Specific performance of agreement to sell-Suit for-Payment of Court-fee on--Ordcr of-Challenge to-Contention that demand of Court-fee was against Injunctions of Islam and all courts including Federal Shariat Court have jurisdiction to examine whether any law is contrary to Islamic Injunctions- Provisions of Chapter 3-A of Conslilution are over-riding—Under this Chapter Federal Sharial Court was established to examine and decide whether any law was repugnant to Injunctions of Islam-Decision of Federal Shariat Court declaring payment of Court-fee as un-Islamic has been appealed against in Supreme Court and its effect is suspended-Held: Only Federal Shariat Court has jurisdiction lo examine and decide whether any law is repugnant to Injunctions of Islam and this jurisdiction is denied to other courts—Petition dismissed.       |Pp.448449]AB PLJ 1991 FSC 1 ref. ORDER Civil revision from an order of the trial Court requiring payment of Court-fee from the plaintiffs, in a suit for specific performance, in terms of Section 7(x) of the Court-Fees Act, 1870, was shown to raise a point of nicety and of first impression. However, upon its closer examination, the point is found to bewithout any merit.Relevant facts giving rise to the revision petition, briefly stated are:- Ghulam Muhammad owned 27 Kanals, 16 Marias of land, situate at Mauza Bangla Kambohan of Tehsil and District Kasur. On 6.3.1992, he agreed for its sale to the plaintiffs for a sum of Rs. 3,75,000/-. He received Rs. 75,000/- in advance by leaving a balance of rupees three lacs payable on the date and at the time of finalization of the sale. As the sale was not completed by the defendant-owner, plaintiffs instituted a cisil suit for it, in the Civil Court at Kasur on 23.8.1992. Valuation of the suit for the purpose of Court-fee and jurisdiction was fixed at Rs. 3.75.0UO/- in para-10 of the plaint; it being the amount of sale-consideration. However, no Court-fee was paid upon the plaint. An exemption from its payability was claimed in the plaint. Alongwith the plaint of the suit, an application for temporary injunction for maintaining status quo regarding the land-in-dispute was also…

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