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Civil Petition No. 601 of.1979, decided on 20th February, 1985.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23‑4‑1979 in R.S.A. No. 915 of 1976).
Constitution of Pakistan (1973)‑‑
‑‑Art. 185(3)‑‑Court Fees Act (VII of 1870), S. 9‑‑Punjab Pre‑emption Act ( I of 1913), S. 21‑‑Suit for pre‑emption‑‑Court‑fees, deficiency of‑‑Leave to appeal granted to examine, whether in view of law laid down earlier by Supreme Court, (i) failure of trial Court to indicate deficiency in court‑fee was not, as, held, by trial Court, sufficient to entitle plaintiff even if some delay h9d taken place in paying necessary court‑fee, to condonation; and (ii) whether entire suit of plaintiff could be dismissed notwithstanding a compromise entered into between plaintiff and vendee.
Shahna Khan v. Aulia Khan and others P L D 1984 S C 157; Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289 and Gulzar Husain v. Abdur Rehman and another 1985 S C M R 301 ref.
Syed Muhammad Ali Zaidi, Advocate Supreme Court instructed by Inayat Hussain, Advocate‑on‑Record for Petitioner.
Muhammad Iqbal, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate‑on‑Record for Respondents.
Date of hearing: 20th February, 1985.
Leave to appeal is granted to examine the following two questions of law arising in the petition:‑.
(1) Whether in view of the decisions in:
(i) Shahna Khan v. Aulia Khan and others P L D 1984 S C 157,
(ii) Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289 and
(iii) Gulzar Husain v. Abdur Rehman and another 1985 S C M R 301. the failure of the trial Court to indicate the deficiency in court‑fee was not as held by the trial Court sufficient to entitle the plaintiff even if some delay had taken place in paying the necessary court‑fee, to condonation.
(2) Whether the entire suit of the plaintiff could be dismissed notwith standing a compromise entered into between the plaintiff anti Allah Wasaya vendee.
Security Rs.2,000.
The appeal to be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary.
M.I. Leave granted.
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