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1984SCMR 178

Mst. SHAHIDA BEGUM AND OTHERS vs GHULAM RASUL

Citation1984SCMR 178
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 519-R of 1983
Date1983-10-25
Judge(s)Mian Burhanuddin Khan, Muhammad Haleem
ResultPetition dismissed

ORDER

' MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judgment of Lahore High Court, Rawalpindi Bench, dated 15-6-1983 passed in R. S. A. No, 77 of 1983.

2. Present petition relates to the matter of court-fee payable on the R. S. A. Accepted by the impugned order. The main contention of the learned counsel for the petitioner is that the court-fee paid on the appeal was undervalue i,e, instead of court-fee on Rs, 60,000 court-fee was affixed at a value of Rs, 18,000 and for this reason alone the R. S. A. Should have been dismissed by the learned High Court Judge. We have considered the contention raised by the learned counsel and find that the learned Judge of the High Court considered that the order passed by the learned Additional District Judge, Attock was based on the question as regards the applicability of the Punjab Government's Notification, dated 4-2-1980 which the learned Additional District Judge felt was not applicable and dismissed a large A number of appeals including the appeal out of which the present petition arises without going into other intrinsic objections such as court-fee payable on each appeal and the judgment of the learned Additional District. Judge was a 'consolidated judgment relating to 46 appeals, which was set aside by the same High Court in C. R. 37;1983. Re : Abdul Ghafoor v. Muhammad Rafagat , decided by the Rawalpindi Bench on 27-4-1983. In these circumstances it was held by the learned High Court. Judge that the appeal' in question also be remanded to be decided alongwith other matters regarding court-fee on merits. Hence, the impugned order is unexceptionable and this petition is, accordingly, dismissed. PLD 1983 Lab. 3831 1

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