| Case ID |
0fac9370-b22c-4486-a164-a7b56ba144c1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 143 |
| Decision Date |
Dec 15, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by the petitioners, affirming the decisions of the lower courts. The case involved a pre-emption suit where the respondent, Fajar Ali, claimed rights based on being a collateral of the vendor and a shareholder in the khata. The trial court initially accepted the claim but dismissed it on the grounds of improper court fees. The appellate courts reviewed the case, determining that the plaintiff had complied with court orders regarding fees. The court found it unreasonable to penalize the plaintiff for errors made by revenue officials. Thus, the Supreme Court upheld the High Court's decision, concluding that the petition was without merit. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act and the Court Fees Act in a pre-emption suit. The respondent, Fajar Ali, filed for pre-emption against the petitioners, relying on his status as a collateral of the vendor. The initial court proceedings highlighted issues around court fees, with the trial court dismissing the suit due to improper stamping, despite the plaintiff's compliance with court orders. The case emphasizes the importance of accurate court fee assessments and the responsibilities of court officials. The appellate courts reinforced the principle that litigants should not be penalized for administrative mistakes of officials, ensuring fairness in legal proceedings. The Supreme Court's decision underscores the judiciary's role in safeguarding the rights of litigants and maintaining the integrity of the legal process. This case serves as a significant reference point for future pre-emption cases and discussions surrounding court fees and procedural fairness. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
ABDUL KADIR SHAIKH
|
| Lawyers |
Abdul Maajid Shaikh, Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
others,
KHURSHID AHMAD
|
| Respondents |
FAJAR ALI
|
| Citations |
1982 SLD 388,
1982 SCMR 575
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Court Fees Act (VII of 1870),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
3,
7,
100,
185(3)
|