' MUNIR A. SHEIKH, J.---This petition is directed against judgment of a Division Bench of Lahore High Court, Lahore, dated 16-10-2001 through which regular first appeal filed by the respondents against order of the trial Court of rejection of plaint of their suit has been accepted and they have been granted 15 days' time to amend the plaint and make up deficiency in the court-fee.
2. We have heard learned Advocate Supreme Court for the petitioner and found that the findings of the Division Bench of the High Court that the conduct of the respondents was not contumacious in making up deficiency in the court-fee, as order passed by the trial Court for making up deficiency in the court-fee was challenged in revision petition before District Court, in which stay order was passed. After return of the revision petition, it was presented before the High Court and the High Court too passed a stay order in the first round of litigation. However, revision petition was dismissed as time-barred on 22-2-2000.
3. The petitioner-defendant made an application on 10-6-2000 before the Trial Court seeking rejection of the plaint as the respondents, despite rejection of their revision petition by the High Court did not make up deficiency in the court-fee. Respondents also made an application on 19-6- 2000 for enlargement of time to file amended plaint and making up deficiency in the court-fee, which was rejected and that of the petitioner for rejection of the plaint was accepted through order, dated 27-6-2000. This order was challenged before the High Court in regular first appeal, which has been accepted through judgment, dated 16-10-2001 against which leave is sought.
4. In the facts and circumstances of this case and particularly in view of the fact that petitioner had also filed a suit for declaration of his rights in the property in dispute, it was rightly held by the High Court that it was a fit case for enlargement of time to file amended plaint and A making up deficiency of court-fee. No ground is made out for interference in the impugned judgment.
Resultantly, this petition being without any merits is hereby dismissed and leave refused.