| Case ID |
2c2861d2-7823-4cba-bd79-6c1eb3323df2 |
| Body |
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| Case Number |
Civil Appeal No. 760 of 2006 |
| Decision Date |
Oct 10, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellant, Riffat Iqbal, against the judgment of the Lahore High Court, which upheld the decision of the Additional District Judge rejecting the plaint for non-payment of court-fee. The Court found that the extension of time granted by the trial court to the appellant for making up the deficiency in court-fee was unjustifiably recalled by the Lower Appellate Court. The Court noted that the plea of ignorance of law raised by the appellant was without justification, as she had been given adequate opportunity to comply with the legal requirements. The concurrent findings of the two lower courts were upheld, leading to the dismissal of the appeal with no order as to costs. |
| Summary |
In the case of Civil Appeal No. 760 of 2006, the Supreme Court of Pakistan ruled on the matter of court-fee deficiencies under the Punjab Pre-emption Act, 1991. The case stemmed from an appeal against the Lahore High Court's dismissal of a writ petition filed by Riffat Iqbal, who sought to pre-empt a sale of property. The core issue was whether the trial court's extension of time for the appellant to remedy a court-fee deficiency was rightfully revoked by the Lower Appellate Court. The Supreme Court highlighted the importance of adhering to procedural requirements, noting that the appellant's claim of ignorance regarding the law did not absolve her from fulfilling her legal obligations. The ruling emphasized that once an opportunity to rectify court-fee deficiencies is provided, failure to comply cannot be excused by claims of unawareness. This decision reinforces the necessity for litigants to be proactive in understanding their legal responsibilities, particularly in civil proceedings involving pre-emption rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
MIAN SHAKIRULLAH
|
| Lawyers |
Hifz-ur-Rehma,
Mehr Khan Malik,
F.K. Butt,
Ejaz Muhammad Khan
|
| Petitioners |
RIFFAT IQBAL
|
| Respondents |
Mst. FATIMA BIBI and others
|
| Citations |
2007 SLD 565,
2007 SCMR 494
|
| Other Citations |
Sultan Ahmad and others v. Khuda Bux and others 1986 SCMR 1005,
Shah Nawaz and 6 others v. Muhammad Yousaf and 3 others 1972 SCMR 179,
Mubarak Ahmad and 2 others v. Hassan Muhammad through Legal Heirs 2001 SCMR 1868,
Abdul Majid v. Muhammad Afzal Khokhar 1993 SCMR 1686,
Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
185(3),
148,
149,
151
|