| Case ID |
1e46bf3f-b95e-4e3a-8d8e-246e9ad27712 |
| Body |
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| Case Number |
Civil Appeal No.647-K of 1990 |
| Decision Date |
Jan 23, 1993 |
| Hearing Date |
|
| Decision |
In this appeal, the Supreme Court addressed the issue of delay in paying court-fee in an Intra-Court Appeal that was filed before the High Court. The High Court had dismissed the appeal, considering the conduct of the appellants as contumacious due to the delay in supplying the deficient court-fee. The Supreme Court granted leave to appeal to review the implications of previous judgments, specifically referencing Mst. Zainab's case and Ch. Nazir Ahmad's case. The Court found that the High Court failed to specify the date for payment or the exact amount of the deficient court-fee. Consequently, the defect of delayed payment should be considered cured from the date the appeal was originally filed. The Supreme Court allowed the appeal, set aside the High Court's judgment, and remanded the case for a hearing on its merits, concluding that no penal action could be taken against the appellants for the delayed payment of court-fee or limitation issues. |
| Summary |
The case pertains to the Supreme Court of Pakistan's ruling on Civil Appeal No.647-K of 1990, where the core issue revolved around the delay in payment of court-fees in an Intra-Court Appeal. The High Court had dismissed the appeal based on strict adherence to procedural rules, interpreting the delay as contumacious behavior. However, the Supreme Court reversed this decision, emphasizing the importance of proper court procedures regarding the specification of payment dates and amounts. The Court reiterated principles established in earlier cases, affirming that the defect in payment should be recognized from the original filing date, thereby preventing penal actions against the appellants. This ruling underscores the necessity for courts to provide clear directives regarding court-fee payments to ensure fair treatment of litigants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR, JJ
|
| Lawyers |
Learned counsel for the appellants,
Learned counsel for the respondents
|
| Petitioners |
MUKHI CHATROMAL and others
|
| Respondents |
KHUBCHAND and 6 others
|
| Citations |
1993 SLD 685,
1993 SCMR 1113
|
| Other Citations |
Mst. Zainab v. Naeem Ahmad 1987 SCMR 1883,
Ch. Nazir Ahmad v. Abdul Karim PLD 1990 SC 42,
Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
149,
185(3)
|