Law:

Section:

(a) Civil Procedure Code (V of 1908)-----0. VII, R.11---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the dismissal of a regular second appeal by High Court on the ground of deficiency in the court-fee, notwithstanding that, that had been made up with the permission of the Court subject to exception. Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 and Shahrah v. Allah Dad and 3 others 1991 SCMR 221 ref. (b) Civil Procedure Code (V of 1908)--- ----0. VII, R. 11---Regular Second Appeal was dismissed by the High Court on the ground of deficiency in the court-fee, notwithstanding that that had been made up with the permission of the Court subject to exception---Office of the High Court had not specified exact amount nor complied with O.VII, R.11, C.P.C:--Rule laid down in Siddique Khan and others v. Abdul Shakur Khan and another P L D 1984 SC 289 had not been satisfied ---Office of the Court represented the Court and no party should suffer because of its wrong act/objection so long as the harm to the litigants could be prevented--Application of law laid down in Siddique Khan's case to High Court and other Courts discussed. Siddique Khan and 2 others v. Abdul Shakur Khan and another P L D 1984 SC 289 and Muhammad Hanif v. Muhammad P L D 1990 SC 859 ref. . JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court arising out of a civil dispute is at present stage confined only to the question; whether, the R.S.A. dismissed by the High Court due to deficiency of court-fee could be so dismissed. Leave grant order reads as follows:- "Petitioners seek leave to appeal against the order of a learned Judge of the Lahore High Court, dated 17-3-1991 whereby their R.SA. No.271 of 1975 was dismissed on the ground of deficiency in the payment of the court-fee, notwithstanding that, that had been made up with the permission of the Court subject to exception. The petitioners seek leave to appeal. Learned counsel for the petitioners placed reliance on Siddique Khan and 2 others v. Abdul Shakur Khan and another P L D 1984 SC 289 and Shahrah v. Allah Dad and 3 others 1.991 S C M R 221." The…

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