| Case ID |
2b6f5fa9-431a-4062-820d-f55c30e39575 |
| Body |
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| Case Number |
Civil Appeal No. 1839 of 2016 |
| Decision Date |
Oct 26, 2016 |
| Hearing Date |
Oct 26, 2016 |
| Decision |
The Supreme Court of Pakistan ruled that the failure to deposit a minimal court fee deficiency of Rs. 13 should not lead to the dismissal of the entire suit. The court emphasized that the lower court acted beyond its jurisdiction (coram non judice) in dismissing the suit entirely based on this deficiency. The court allowed the appeal, stating that the decree could still be executed in proportion to the amount of court fee that was paid. The decision highlighted the importance of not allowing procedural technicalities to undermine substantive rights in legal proceedings. |
| Summary |
In the case of Civil Appeal No. 1839 of 2016, the Supreme Court of Pakistan addressed a critical issue regarding court fee deficiencies. The petitioner, HAQ NAWAZ, had deposited a total court fee of Rs. 15,000 but failed to cancel stamps resulting in a minor deficiency of Rs. 13. The Lahore High Court had set aside the lower court's decree, which led to this appeal. The Supreme Court ruled that such a negligible deficiency should not result in the dismissal of the entire suit, as it would be unjust and against the principles of fairness in legal proceedings. The ruling emphasized that the law should not be used as a weapon against litigants, especially when the deficiency is so minor. The court allowed the appeal, modifying the previous judgment and reinstating the right to enforce the decree in proportion to the amount of court fee paid. This case underscores the need for courts to focus on substantive justice rather than procedural technicalities, ensuring that litigants are not deprived of their rights due to minor oversights. The decision is significant for legal practitioners as it reinforces the principle that substantive rights should prevail over minor procedural failings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
EJAZ AFZAL KHAN,
FAISAL ARAB,
ABDUL KHALIQ
|
| Lawyers |
Mr. Sikandar Javed, ASC,
Mr. Mehmood-ul-Islam, AOR,
Malik Javed Akhtar Wains, ASC,
Ch. Akhtar Ali, AOR
|
| Petitioners |
HAQ NAWAZ
|
| Respondents |
Not available
|
| Citations |
2019 SLD 2326,
2019 PLJ 253
|
| Other Citations |
2016 SCMR 179,
PLD 1966 SC 983,
AIR 1926 Lahore 558,
AIR 1931 Lahore 237,
NLR 1988 SCJ 580
|
| Laws Involved |
Not available
|
| Sections |
Not available
|