| Case ID |
d83e2156-ef07-4a9f-9d26-9f0f23a64ed8 |
| Body |
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| Case Number |
Civil Suit No.105 of 2010 and C.M.A. No.2506 of 20 |
| Decision Date |
Jun 04, 2012 |
| Hearing Date |
|
| Decision |
The application for the return of court-fee was dismissed. The court noted that a compromise had been reached between the parties, and although the plaintiff contended that only two months had been consumed since filing the suit in January 2010 and its disposal in March 2010, the court had spent valuable time in examining the case, hearing arguments, and deliberating. The plaintiff had achieved their objectives through the compromise, and a decree was passed determining the rights of the parties. The court also distinguished this case from Basit Rasool Qadir and others v. First General Leasing Model, emphasizing that the proceedings initiated by the court and the benefit derived by the parties weighed against the plaintiff's application for the return of court-fee. |
| Summary |
In the case of Syed IMDAD HUSSAIN SHAH NAQVI vs. REHMAT KHAN VARDAG, the Sindh High Court addressed an application for the return of court-fee under the Court Fees Act (VII of 1870). The case stemmed from a civil suit filed in January 2010, which was disposed of through a compromise in March 2010. The plaintiff argued that since no issues were framed and the matter was resolved quickly, they were entitled to a refund of the court-fee. However, the court determined that it had invested significant time in the case, and the plaintiff had effectively achieved their goals through the compromise. The court emphasized the importance of the proceedings initiated and the benefit derived by the parties, ultimately dismissing the application for the return of court-fee. This ruling highlights the balance between judicial resource utilization and the rights of litigants, providing important insights into the application of court-fee laws in civil disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, J
|
| Lawyers |
Ms. Naureen Shaikh
|
| Petitioners |
Syed IMDAD HUSSAIN SHAH NAQVI
|
| Respondents |
,
REHMAT KHAN VARDAG
|
| Citations |
2012 SLD 677,
2012 CLC 1878
|
| Other Citations |
2004 CLC 430
|
| Laws Involved |
Court Fees Act (VII of 1870)
|
| Sections |
13
|