Law: Court-Fees Act, 1870

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 1

Court Fees Act (VII of 1870)--- ----S.13---Civil Procedure Code (V of 1908), O. XXIII, R.1---Refund of court fee paid on plaint---Application for withdrawal of suit after issuance of summons to defendant and passing of stay order therein---Acceptance of withdrawal application without serving its notice upon defendant---Application for refund of court fee was accepted in circumstances. Shaikh Riazuddin v. Aqeelur Rehman and 4 others PLD 1993 SC 76 ref THIS ORDER PASSED BY: KHALID ALI Z. QAZI, JUSTICE:---.--- By this application the plaintiff has sought refund of court fee paid in the suit as the matter has been disposed of at an earlier stage without any substantial progress in the suit. Reliance has been placed on the case of Shaikh Riazuddin v. Aqeelur Rehman and 4 others (PLD 1993 SC 76). Mr. Ahmed Pirzada learned A.A.-G Sindh has opposed the grant of listed application. He has submitted that the suit was primarily contested and notices were issued to the defendants and also restraining the defendant/KBCA from demolishing the construction of the property in question. In support of his above contention, he has relied upon the order, dated 12-4-2004 passed by this Court in Suit No. 148 of 2004. I have heard the learned counsel for the parties and perused the case record. The case referred by Mr. Pirzada is different and distinguishable from the case in hand. In that case the notices were directed to be issued to defendants and defendants were further restrained from creating any third party interest in respect of Shop Nos. 1 and 2 (Ground Plus Two) each measuring 10' x 14' approximately, constructed on plot bearing No. 496-C and 498-C, Block-2, situated at PECHS, Karachi. Notices were issued and defendant were served and thereafter the parties have settled their dispute out of Court.…

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