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Civil Petition for Leave to Appeal No. 4 of 1981, decided on 27th October, 1985.
‑‑‑Art. 185(3)‑‑Court Fees Act (VII of 1870), Ss.7 & 28‑‑Leave to appeal granted to consider effect of deliberately fixing a nominal court‑fee by plaintiff‑respondent and to consider whether in circumstances of case he should have been allowed to make up deficiency.
Shahid Hussain Qadri, Advocate Supreme Court and Maqbool A. Kadri, Advocate‑on‑Record for Petitioners.
Amir Alam, Advocate Supreme Court and Mahmood Akhtar Qureshi, Advocate‑on‑Record for Respondent.
Date of hearing: 27th October 1985.
.‑‑Muhammad Iqbal etc. vendees have filed the present petition for leave to appeal against the dismissal of their R.F.A. in a pre‑emption case filed by Abdul Mood respondent.
2. We have heard the petitioners' counsel and the Advocate‑on‑Record for the respondent. We feel that this is a fit case for grant of leave to consider the effect of deliberately fixing a nominal court‑fee by the plaintiff/respondent and to consider whether, in the circumstances of this case, he should have been allowed to make up the deficiency.
Security in the sum of Rs.,2,000.
To be heard on the same record with permission to file additional documents.
M. Y. H. Leave granted.
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