Pakistan Case Lawโ† Search
1985 SCMR 873

FAZAL SHAH And Others vs EJAZ AHMAD USMAN And Other

Citation1985 SCMR 873
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.2 of 1983
Date1984-10-09
Judge(s)Shafi-ur-Rehman, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

1. SHAFIUR RAHMAN, J.--The first respondent filed a suit against the petitioners for pre-emption of the suit-land which was dismissed on the ground that the suit-land was not pre-emptable. Appeal against the judgment of the trial Court was dismissed but on a second appeal Lahore High Court remanded the case to the trial Court for decision on merits.

2. In the second round of litigation, suit was decreed by the trial Court in plaintiff's favour, appeal filed by petitioners was dismissed and Lahore High Court also dismissed their revision application. They now seek leave to appeal.

3. The only plea raised by the learned counsel for the petitioners is that it was incumbent upon the trial Court to reject the plaint of the suit under Order VII, rule 11 of Code of Civil Procedure for the plaintiff had not paid the requisite court-fees.

4. This plea was examined in details by the High Court anal was rejected on the principles laid down by this Court in Siddique Khan and others v. .Abdul Shakur Khan and others PLD 1984 SC 289. We find that no exception can be taken with the judgment of the High A Court, for it has correctly applied the rule laid down by this Court on the facts of the present case.

5. The petition is dismissed. 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 โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch