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1989 SCMR 787

Messrs RIAZ MASOOD & BROTHERS vs PAKISTAN and another

Citation1989 SCMR 787
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1211 of 1983
Date1988-09-12
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave to appeal granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff against the dismissal by the High Court of his Regular Second Appeal. The petitioner had filed a suit for rendition of accounts regarding supply of certain goods and non-payment of his dues. It was dismissed on the ground that the relief claimed being in respect of a specific amount, keeping in view the relationship between the parties, it should have been a suit for recovery of specific amount and accordingly court-fee should also have been affixed. The two learned appellate Courts having affirmed the dismissal of the suit, leave to appeal has now been sought.

2. After hearing both the learned counsel, we consider it a fit case to examine the questions raised in the petition including the question whether the petitioner should not have been allowed/asked to amend his plaint and also to supply the deficient court-fee. The judgments of this Court in Ghulam Bibi v. Sarsa Khan PLD 1985 SC 345, and Zulfiqar Ali v. Province of the Punjab 1986 SCMR 974 would also require examination in the foregoing context. Leave to appeal accordingly is granted.

3. ' Security Rs, 5,000.

4. ' The appeal to be heard on the present record with direction to file all necessary additional documents.

5. ' Leave to . 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.

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