Legal Case Summary

Case Details
Case ID d6452b7d-e5be-4cba-a5e4-74b8904b4133
Body View case body.
Case Number Civil Appeals Nos. 104 of 1978 and 136 of 1979
Decision Date Nov 22, 1983
Hearing Date
Decision The court granted leave to appeal to examine whether the appellant could avoid paying court-fee calculated based on the amendment in law through the Punjab Finance Act, 1973. The decision highlighted that the right of appeal is vested and the court-fee leviable at the time of the institution of the suit was correct. The court also addressed the application of Order XLI, rule 3 and whether the appellate court could require the supply of deficiency in court-fee under Order VII, rule 11(c). It was concluded that the first appeal could not be rejected as time-barred solely due to deficiency in court-fee unless the party was guilty of contumacy or positive mala fides. The case was remanded for appropriate resolution based on the legal contentions raised.
Summary This case revolves around the legal implications of court-fee deficiencies in civil appeals, particularly in the context of pre-emption suits. The court examined various laws, including the Civil Procedure Code, Court Fees Act, and the Constitution of Pakistan, to clarify the obligations of appellants concerning court-fees and their rights to appeal. The decision emphasizes the importance of ensuring that appellants are given opportunities to rectify deficiencies in court-fees before their appeals are dismissed as time-barred. This case serves as an important precedent for similar future cases, highlighting the intersection of procedural law and the rights of litigants in the judicial process.
Court Appellate Tribunal Inland Revenue
Entities Involved Not available
Judges MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, M. S. H. QURAISHI, JJ
Lawyers Ch. Abdur Rahman, Advocate Supreme Court, S. Wajid Hussain, Advocate-on-Record for Appellant, Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No. 1, Bashir A. Ansari, Senior Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record for Appellants, X. E. Bhatti, Advocate-on-Record for Respondents
Petitioners , SIDDIQUE KHAN
Respondents another, ABDUL SHAKUR KHAN
Citations 1984 SLD 96, 1984 PLD 289
Other Citations P L D 1972 Lah. 743, P L D 1970 S C 37, P L D 1979 S C 821, Civil Appeal No. 153 of 1978, P L D 1968 S C 171, A I R 1955 Pb. 223, A I R 1954 Raj. 170, A I R 1954 Vidh. Pra. 47, A I R 1956 All. 413, A I R 1944 Mad. 406, 15 W R 272, 7 W R 461, 7 W R 452, 7 W R 462, A I R 1933 All. 20, A I R 1926 Nag. 71, A I R 1954 Vidh. Pra. 5, A I R 1954 Mad. 543, A I R 1955 Nag. 46, A I R 1956 Nag. 281, A I R 1955 Bom. 332, A I R 1955 Bom. 287, A I R 1958 Andh. Pra. 267, A I R 1955 Andh. Pra. 221
Laws Involved Civil Procedure Code (V of 1908), Court Fees Act, 1870, Constitution of Pakistan, 1973
Sections 107, O.VII,r.11(c), O.XLI, 149, 151, 7(vi), 185(3)