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K.L.R. 2013 Supreme Court 164

Yaroon Khan vs Lal Zada

CitationK.L.R. 2013 Supreme Court 164
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 751-P of 2004 (On appeal from the order dated 6.10.2004
Date2009-04-23
Judge(s)Muhammad Qaim Jan Khan, Ijaz-ul-Hassan Khan
ResultLeave granted

ORDER

IJAZ-UL-HASSAN, J. - Mr. Mazullah Barkandi, Advocate for the petitioner, contended that petitioner had not committed default wilfully; that learned Trial Court had not directed the petitioner to deposit a specific Court-fee; that learned Trial Court as well as learned Appellate Court has not granted reasonable time to the petitioner to deposit the Court-fee; that learned High Court has not appreciated the matter in its true perspective while upholding the concurrent findings of the two Courts below and even now if opportunity is given, petitioner is ready to make up deficient Court- fee. Reliance in this context was placed on Mian Khan v. Aurangzeb and 12 others (1989 SCM R 58) and Memon Educational Board and Society, Karachi v. Munawar Hussain (2003 SCM R 157).

2. Leave to appeal is granted in this petition to examine in detail the above contentions raised by learned counsel for the petitioner.

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