Pakistan Case Law← Search
1985 SCMR 1904

GHULAM YASIN And Others vs ARSHAD A1.1 SHAH And Another

Citation1985 SCMR 1904
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 290 of 1984 F.A.O. No. 63 of 1983
Date1985-05-28
Judge(s)Aslam Riaz Hussain, M. S. H. Qureshi
ResultPetition dismissed

ORDER

M.S.H. QURAISHI, J.--In a pre-emption suit, instituted by the respondents on 13-4-1974, the trial Court directed them to make up the deficiency in court-fee according to the schedules of the net profit by 18-7-1974. On that date, the respondents moved an application for extension of the on the ground that as the Patwari Halqa was busy in the programme for wheat procurement, they could not obtain the relevant statement. The trial Court did not pass any order on this application. On 21- 10-1974, the respondents applied for a decision on their application, dated 18-7-1974 to enable them to make up the deficiency in the court-fee. Still no decision was given and when the matter ultimately came up on 11-12-1982, the trial Court dismissed the application and consequently rejected the plaint under Order VII, rule 112, C . P. C . On appeal the order was reversed and the case was remanded for passing a fresh order giving the to the respondents to make up the deficiency.

The petitioners challenged this order in appeal before the High Court but the same was dismissed in limine. The view taken was that the respondents, as rightly found by the first appellate Court, had not been negligent nor was their failure to make the deficiency contumacious.

2. After hearing learned counsel we find no reason to interfere with the order of High Court, for, the same is in accord with the rule laid down by this Court in Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289. The petition for leave to appeal 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 β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search