Pakistan Case Law← Search
PLD 2013 Lahore 486

NAWAB ALI through Legal Heirs vs Soofi NAWAB DIN and others

CitationPLD 2013 Lahore 486
CourtLahore High Court
Case No.Diary No,27094 of 2012,
Date2012-03-29
Judge(s)Umar Ata Bandial
ResultOrder accordingly

ORDER

Objection Case.

' UMAR ATA BANDIAL, J.---Learned counsel has read from the High Court Rules and Orders Volume-I, Chapter 16-B, Rule 15 wherein it is provided that where interest of several appellants is joint then not more than one court fee shall be allowed unless the Court otherwise orders. On the meaning of the word "joint", the learned counsel submits that it refers to a joint cause of action which translates to the claim of a joint right for the relief prayed. Accordingly, where co-owners, co- claimants or co-appellants are seeking a relief under one cause of action then the court fee chargeable is one only. A test of the said point can be that where relief granted to one of the claimants or appellants would in law be equally available to the other claimants or appellants is an indication that the right they are claiming is joint.

2. The refinement added by the said argument of the learned counsel is appreciated. The order of the Court dated 5-9-2011 shall be interpreted in the light of the said argument.

3. The facts of the case have been perused. The prayer by separate sets of plaintiffs in the suit seeks relief regarding different mutations which does not demonstrate a single cause of action.

4. Objection sustained. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search