| Case ID |
164361a5-be3f-46d6-aae3-0b074dd877bd |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 772 |
| Decision Date |
Apr 19, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court declined to interfere with the order of the Lahore High Court, which had dismissed the Regular First Appeal on the grounds of deficient court fee. The petitioners had undervalued the appeal deliberately, which was not considered inadvertent. The court emphasized that the principle of giving an opportunity to rectify court fee deficiencies applies only in cases of bona fide mistakes. The court found no justification to extend the time for making good the deficiency in court fees, as a valuable right had already accrued to the respondents. Therefore, the petition was dismissed. |
| Summary |
In the case of Abdul Sattar Khan and Others vs. Hafiz Muhammad Bakhsh and Another, the Supreme Court of Pakistan addressed significant issues regarding the Civil Procedure Code and the Court Fees Act. The petitioners challenged the Lahore High Court's dismissal of their appeal due to deficient court fees. The court ruled that the undervaluation was deliberate and not a result of a bona fide mistake, emphasizing the importance of adhering to proper court fee regulations. This case highlights the critical nature of compliance with procedural requirements in legal appeals, particularly in property disputes. The decision underscores the court's commitment to ensuring that litigants cannot manipulate court procedures to evade their financial responsibilities. The ruling serves as a precedent for future cases involving court fee assessments and the principles governing the valuation of appeals, reinforcing the need for transparency and integrity in legal proceedings. Legal practitioners must be vigilant in ensuring that all filings are accurate and compliant with relevant laws to avoid similar pitfalls and protect their clients' interests. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
MUHAMMAD HALEEM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Nasir Ali,
S. Wajid Hussain,
Sh. Inayat Ali,
Masood Akhtar
|
| Petitioners |
ANOTHERS,
ABDUL SATTAR KHAN
|
| Respondents |
ANOTHER,
Hafiz MUHAMMAD BAKHSH
|
| Citations |
1979 SLD 527,
1979 SCMR 243
|
| Other Citations |
Mahmood Ahmad and other v. S. M. Ishfaq Ali, Claims Commissioner etc P L J 1974 Lah. 253,
Jagat Ram v. Misar Kharaiti Ram and another A I R 1938 Lah. 361
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Court Fees Act (VIII of 1870)
|
| Sections |
149,
7(x)
|