| Case ID |
a43261a3-2563-4171-a0ef-9affcb4b92b1 |
| Body |
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| Case Number |
Civil Appeal No. 183 of 1985 |
| Decision Date |
Feb 28, 1988 |
| Hearing Date |
Feb 28, 1988 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had set aside the dismissal of the suit due to insufficient court-fee. The case centered around the pre-emptor's inability to make up the deficiency in court-fee because the file had been burnt. The High Court directed that the trial court should assess the valuation of the court-fee and allow the pre-emptor an opportunity to rectify the deficiency. The Court found that the point of limitation was immaterial in this case. The appeal was dismissed with costs. |
| Summary |
This case revolves around a civil appeal concerning the issue of court-fee deficiency in a pre-emption suit. The Supreme Court of Pakistan examined the implications of the Civil Procedure Code, the Punjab Pre-emption Act, and the Limitation Act in the context of a suit filed by Muhammad Rafiq for possession by pre-emption over land sold by Hassan Yar Jang. The case highlights the importance of providing opportunities to rectify deficiencies in court procedures and addresses the nuances of the legal principles surrounding pre-emption rights in Pakistan. The ruling emphasizes the need for careful assessment of court-fee valuations and the court's role in ensuring fairness in legal proceedings. Legal professionals involved in property law and civil procedure can gain insights from this case, particularly regarding the handling of court-fee issues and the rights of pre-emptors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Hassan Yar Jang,
Muhammad Sharif
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
| Lawyers |
|
| Petitioners |
MUHAMMAD SIDDIQUE,
|
| Respondents |
MUHAMMAD RAFIQ,
|
| Citations |
1988 SLD 2352,
1988 SCMR 878
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act, 1913,
Limitation Act, 1908
|
| Sections |
11,
15,
3
|