| Case ID |
f7849318-cb29-4e39-813a-b1d9dd3b9598 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 4 of 1967 |
| Decision Date |
Jun 09, 1970 |
| Hearing Date |
Jun 08, 1970 |
| Decision |
The plaintiff-respondent filed a suit for dissolution of partnership and rendition of accounts, which led to a preliminary decree in favor of the plaintiff. The court ruled that the plaintiff is entitled to fix a tentative value for the subject matter of the suit and that the final amount would be determined after reviewing the accounts. The court emphasized that if the defendant challenges the decree, the court fee must be paid on the decretal amount rather than the tentative value. The court dismissed the revision petition, stating that it was filed intentionally to avoid paying the correct court fee, and confirmed that a second appeal should have been filed instead. |
| Summary |
In the case of 'Civil Revision No. 4 of 1967', the Quetta High Court addressed issues related to the Court Fees Act and Civil Procedure Code in the context of a dissolution of partnership and rendition of accounts. The plaintiff was permitted to set a tentative value for the subject matter of the suit, which would later be finalized by the court. The case highlighted the importance of proper court fee payment and the implications of filing a revision instead of a second appeal. The decision emphasized that the plaintiff must rectify any deficiencies in court fee payments when a decree is challenged by the defendant. This case serves as a pivotal reference for understanding court fee obligations and procedural adherence in civil litigation, particularly regarding partnership disputes and account renditions. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAMIM HUSAIN KADRI,
GHULAM RASOOL K. SHAIKH
|
| Lawyers |
Basharatullah,
Muhammad Ahmad
|
| Petitioners |
AMIN SHAH
|
| Respondents |
another,
ABDUL RAUF
|
| Citations |
1970 SLD 8,
1970 PLD 82
|
| Other Citations |
P L D 1961 Lah. 1028,
P L D 1961 Dacca 243,
A I R 1934 Lah. 488,
P L D 1969 Pesh. 175
|
| Laws Involved |
Court Fees Act, 1870,
Civil Procedure Code (V of 1908)
|
| Sections |
11,
100,
115
|