Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11(a)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11(a)

Law: Court Fees Act, 1870

Section: 7(iv)

Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 13---Civil Procedure Code (V of 1908), O.VII, R.11(a)---Court Fees Act (VII of 1870), S.7(iv) [as amended vide S.2 of the Court Fees (Amendment) Act (V of 1990)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for pre-emption---Deficiency in court-fee, making up of---Rejection of plaint---Plaintiff was directed by the Trial Court to make up deficiency in the court-fee within specified period---On adjourned date of hearing, plaintiff filed application for extension of time to pay court-fee, which was granted and the plaintiff had paid court-fee---Defendant filed revision against order extending time for payment of court-fee, which was allowed by the Appellate Court and order of the Trial Court was set aside---Validity---No fault could be attributed to the plaintiff when there was a finding by the Trial Court that no court-fee was payable as per price index unit---Impugned order of the Appellate Court passed in revision, was declared to be without lawful authority, void and was set aside---Order passed by the Trial Court with reference to the price index unit passed in presence of counsel for the parties and not challenged by anyone, stood restored---Suit would be decided in accordance with law. Malik Zafar Iqbal for Petitioner. Naveed Shaharyar and Miss. Najma Perveen for Respondent No.2. Nemo for Respondent No.3. Date of hearing: 4th November, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- For the purposes of this writ petition detailed pleaded facts need not to be stated, suffice it to say that on 30-9-1998 the petitioner filed a suit against respondent No.2 for possession by pre-emption of suit land purchased by latter vide Mutation No.1707 attested on 7-8-1996. It was stated in the relevant para-9 of the plaint that value of the suit for the purposes of Court fee and jurisdiction is being fixed as Rs.20,000 and that deficiency will be made up on preparation of net profit. The suit came up before the learned trial Court on 30-9-1996. The respondent was summoned for 26-10-1996 and the petitioner was directed to make up deficiency in accordance with the statement of net profit and…

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