| Case ID |
2e0a599b-a391-4559-a6bd-87101c28bebd |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 109 |
| Decision Date |
Feb 14, 1981 |
| Hearing Date |
Feb 14, 1981 |
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the decision of the Lahore High Court. The court found that the plaintiff's conduct was contumacious, as they paid only a fraction of the required court-fee and filed the suit on the last day of the limitation period. The court emphasized that when a plaint is deficient in court-fee, the provisions of Order VII, rule 11 and section 149 of the Civil Procedure Code must be read together. The court ruled against granting indulgence to the plaintiff for making good the court-fee after the limitation period had expired, reinforcing the importance of timely compliance with procedural requirements in civil litigation. |
| Summary |
This case revolves around a civil petition for special leave to appeal concerning the rejection of a plaint due to a deficiency in court-fee. The petitioners filed a suit for possession by pre-emption but failed to pay the full court-fee required, leading to a preliminary objection from the defendants. The Lahore High Court upheld the objection, prompting the petitioners to seek relief from the Supreme Court. The Supreme Court's ruling emphasized the strict adherence to procedural rules, particularly regarding court-fees, and highlighted the consequences of mala fides conduct in legal proceedings. The court's decision serves as a critical reminder of the importance of meeting legal obligations within stipulated timeframes, ensuring that litigants cannot exploit procedural leniency after deadlines have passed. This case is significant in the context of civil procedural law and the enforcement of court-fee regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUSHTAQ HUSSAIN
|
| Lawyers |
Ch. Muhammad Farooq, Senior Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record,
Muhammad Aslam, Advocate-on-Record,
Q. M. Saleem, Senior Advocate Supreme Court
|
| Petitioners |
,
HIDAYATULLAH
|
| Respondents |
,
MUHAMMAD IBRAHIM
|
| Citations |
1981 SLD 267,
1981 SCMR 381
|
| Other Citations |
Mst. Walayat Khatum v. Khalil Khan and another P L D 1979 S C 821
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
149,
O. VII, r. 11(c)
|