| Case ID |
2685b907-44fe-4dbe-aad0-8def2ad9664c |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
Apr 14, 1981 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Fateh Muhammad against the judgment of the Lahore High Court. The Court held that the trial court was justified in dismissing the petitioner's suit due to his failure to comply with the court's direction regarding the payment of court-fees. The court clarified that an investigation under section 9 of the Court Fees Act is not mandatory in every case and that sufficient material was already available on record for determining the court-fee. The decision emphasized the importance of adhering to court orders and the consequences of negligence in fulfilling procedural requirements. |
| Summary |
This case revolves around the interpretation of the Court Fees Act (VII of 1870) and its application in civil proceedings, particularly concerning deficiencies in court fees. The petitioner, Fateh Muhammad, sought to preempt a land sale but faced issues with court fee payments, leading to dismissal of his suit. The Supreme Court underscored the discretionary powers of courts regarding investigations into net profits or market values and the necessity for timely compliance with court orders. The case highlights the critical balance between procedural adherence and the rights of litigants, making it significant for future references in civil law. Key terms include court fees, civil procedure, legal representation, and judicial discretion. |
| Court |
Supreme Court of Pakistan
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| Entities Involved |
Not available
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| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
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| Lawyers |
Ch. Mushtaq Ahmad Khan,
S. Wajid Hussain
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| Petitioners |
Fateh Muhammad
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| Respondents |
Ghulam Nabi,
Abdul Ghani
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| Citations |
1981 SLD 1318,
1981 PLD 371
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| Other Citations |
Bahadur Shah v. Sharf Major and others P L D 1967 Lab. 154,
Bashir Begum v. Abdul Rehman P L D 1963 Lah. 408,
Ram Ratan v. Raj Ram etc. (1923) 34 P L R 269,
Mst. Walayat Khatoon v. Khalil Khan P L D 1979 S C 821
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| Laws Involved |
Court Fees Act (VII of 1870),
Civil Procedure Code (V of 1908)
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| Sections |
9,
10,
12,
Order VII, rule 11,
Order XX, rule 3
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