| Case ID |
2d29bdc6-8e60-48f4-90b2-63dd02af0bba |
| Body |
View case body. Login to View |
| Case Number |
R.F.A. No. 443 of 2014 |
| Decision Date |
Feb 09, 2015 |
| Hearing Date |
Oct 28, 2014 |
| Decision |
The appeal was accepted, and the order and decree dated 28.10.2014 passed by the learned Trial Court were set aside. The case was remitted to the learned Trial Court for fresh adjudication in accordance with law, subject to the condition that the appellant supplies the stamp paper of court-fee amounting to Rs. 15,000/- within 20 days. The parties were directed to appear before the learned Civil Judge Ist Class, Multan on 24.02.2014. The ruling emphasized that the learned Trial Court had not properly exercised its jurisdiction regarding the determination of the court-fee and the dismissal of the suit under the relevant provisions of the Civil Procedure Code. |
| Summary |
This case revolves around an appeal filed under section 96 of the Civil Procedure Code by the plaintiff challenging the dismissal of his suit for possession of property through specific performance of a sale agreement. The plaintiff contended that the defendant had agreed to sell the property for Rs. 7,650,000, of which Rs. 650,000 was paid as earnest money. The Trial Court dismissed the suit due to non-compliance with court-fee requirements and failure to deposit the remaining sale amount. The Lahore High Court found that the Trial Court failed to follow proper procedure regarding the court-fee assessment, leading to an invalid dismissal of the suit. The appeal was accepted, and the case was remitted for fresh adjudication, highlighting the importance of adherence to procedural laws in civil proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SHAHID WAHEED,
ALI AKBAR QURESHI,
MALIK ALLAH YAR
|
| Lawyers |
Malik Abdul Rasheed,
Malik Javed Iqbal Ojila
|
| Petitioners |
|
| Respondents |
OTHERS,
MST. NAZRAN KHATOON
|
| Citations |
2018 SLD 2551 = 2018 MLD 2070
|
| Other Citations |
Mst. Parveen v. Mst. Jamsheda Begum and another PLD 1983 SC 227,
Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289,
Sardar Ahmad Yar Jang v. Sardar Noor Ahmad Khan PLD 1994 SC 688,
Zulfiqar Ali and others v. Mst. Sajida Begum 1995 SCMR 911,
Faiz Ahmad v. Ghulam Ali 2000 AC 739,
Enatulla Basunia v Jiban Mohan Roy 1914 ILR 41 Cal 956 = 23 IC 769,
Jethmal and others v. Mst. Sakina AIR 1961 Raj. 59,
Juggi Lal Kamla Pat v. Ram Janki Gupta and another AIR 1962 All 407,
Maulvi Abdul Aziz Khan v. Mst. Shah Begum and 2 others PLD 1971 SC 434
|
| Laws Involved |
Court Fees Act, 1870,
Civil Procedure Code (V of 1908)
|
| Sections |
6,
28,
O.VII R.3,
O.VII R.11
|