| Case ID |
10c4f394-6a1b-42f4-adec-74a4aabfaa91 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 1843 of 1982 |
| Decision Date |
Jun 27, 1997 |
| Hearing Date |
Jun 27, 1997 |
| Decision |
The Lahore High Court upheld the decision of the Appellate Court, which allowed the petitioners time to make up a deficiency in court fees before rejecting the plaint. The Court emphasized that when a pre-emption suit is filed within the limitation period but has a deficiency in court fees, it is obligatory for the Court to grant time to rectify this deficiency. The judgment reinforced the principle that a plaintiff must be afforded an opportunity to correct any shortcomings in their pleading, especially regarding court fees. The High Court found no merit in the revision petition and dismissed it, affirming the Appellate Court's decision to grant the pre-emptor a decree for possession based on the legal standards established in prior case law. |
| Summary |
This case revolves around the principles of civil procedure related to pre-emption and the implications of court fees on the right to sue. The Lahore High Court dealt with the revision petition filed by Khushi Muhammad and others against the decision of the Appellate Court that had granted time for rectifying a deficiency in court fees. The Court ruled that it is mandatory for the lower courts to allow time for rectifying such deficiencies, as long as the suit is filed within the limitation period. The decision referenced earlier Supreme Court judgments that underscored the importance of allowing plaintiffs to correct their pleadings. The High Court's ruling emphasized the need for adherence to procedural fairness, particularly in cases involving pre-emption rights, thus contributing to the evolving jurisprudence in civil litigation and court procedures in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ISLAM BHATTI, J
|
| Lawyers |
Zafar Ahmad Gondal,
Syed Jamshed Ali Shah
|
| Petitioners |
KHUSHI MUHAMMAD,
|
| Respondents |
,
MUHAMMAD SHAM
|
| Citations |
1997 SLD 870,
1997 CLC 1859
|
| Other Citations |
PLD 1984 SC 289,
PLD 1979 SC 821,
PLD 1970 SC 37,
1972 SCMR 179,
1994 SCMR 367
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Court Fees Act (VII of 1870),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
O.VII, R.11(c),
S.5,
S.7,
S.13
|