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Civil Petition for Special Leave to Appeal No.2 of 1983, decided on 10th October, 1984.
‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O.VII, r.11‑‑Default in payment of requisite court‑fee‑‑Plea that it was incumbent upon trial Court to reject plaint not accepted‑‑Principle laid down by Supreme Court, held, correctly applied‑‑High Court judgment being unexception able leave to appeal refused.
Siddique Khan and others v. Abdul Shakur Khan and others P L D 1984 S C 289 ref.
Ch. Khurshid Ahmad, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Tanvir Ahmad, Advocate‑on‑Record for Respondent No.1.
Date of hearing: 10th October, 1984.
‑The first respondent filed a suit against the petitioners for pre‑emption of the suit‑land which was dismissed on the ground that the suit‑land was not pre‑emptable. Appeal against the judgment of the trial Court was dismissed but on a second appeal Lahore High Court remanded the case to the trial Court for decision on merits.
In the second round of litigation, suit was decreed by the trial Court in plaintiff's favour, appeal filed by petitioners was dismissed and Lahore High Court also dismissed their revision application. They now seek leave to appeal.
The only plea raised by the learned counsel for the petitioners is that it was incumbent upon the trial Court to reject the plaint of the suit under Order VII, rule 11 of Code of Civil Procedure for the plaintiff had not paid the requisite court‑fees.
This plea was examined in details by the High Court anal was rejected on the principles laid down by this Court in Siddique Khan and others v. .Abdul Shakur Khan and others P L D 1984 S C 289. We find that no exception can be taken with the judgment of the High A Court, for it has correctly applied the rule laid down by this Court on
the facts of the present case.
The petition is dismissed.
M.I. Petition dismissed.
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