1968 PLP 1321 (SCMR)
THE PROVINCE OF WEST PAKISTAN ETC. Petitioner Versus ABDUL GHANI GRUMMAN‑Respondent
| Citation | 1968 PLP 1321 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | THE PROVINCE OF WEST PAKISTAN ETC. Petitioner Versus ABDUL GHANI GRUMMAN‑Respondent |
Q1: What are the key laws and sections cited in 1968 PLP 1321 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 1321 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 1321 (SCMR) (THE PROVINCE OF WEST PAKISTAN ETC. Petitioner Versus ABDUL GHANI GRUMMAN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Muhammad Bashir, Additional Advocate‑General West Pakistan (Shamim Ahmad Mirza, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for Petitioner.
- Raja Muhammad Akram, Advocate Supreme Court instructed by Siddiq & Co., Attorneys for Respondent.
- Date of hearing : 26th June 1968.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd April 1968, in Civil Revision No. 238 of 1968). Court‑fee -‑Plaintiff after institution of suit‑Can reduce his claim and be allowed to pay Court fee on reduced amount. ORDER ABDUS SATTAR, J.‑This petition for leave to appeal by the Province of West Pakistan is directed against the order of a learned Single Judge of the High Court of West Pakistan at Lahore, whereby a Revisional Application filed against an order by which the Trial Judge allowed the respondent to make good the deficiency in Court‑fee paid by him in a suit for damages, was dismissed in limine. The respondent filed a suit for the recovery of Rs. 25,00,000 as damages and paid a Court‑fee of Rs. 3,
000. The Province of West Pakistan at no stage of the proceedings took any objection that the plaint was insufficiently stamped. Long after the institution of the suit it was detected that the full Court‑fee was not paid. On the 15th March 1968, the trial Court passed the following order :‑ "Learned counsel for the plaintiff prays time for making up the deficiency in Court‑fee. The plaintiff shall make up the deficiency in Court‑fee. At this stage the plaintiff wants to make statement. Be recorded." Thereafter the plaintiff made a statement on oath and relinquished a part of his claim to the extent of Rs. 15,00,000 and claimed only Rs. 10,00,
000. The Court then passed the following order :‑ "The plaintiff shall make up the deficiency in Court‑fee on Rs. ten lacs before 19th March 1968. Case to come up for further orders on 18‑3‑1968". This order was complied with on the 18th of March 1968. A review application filed by the defendant Government praying that the plaintiff should not be permitted to make up the deficiency in the Court‑fee on the claim in suit was rejected. It was after this that the petitioner moved the High Court under section 115 of the C. P. C. and the High Court felt that there was no ground for interference with the order of the trial Court. The learned counsel for the petitioner has not been able to satisfy us that the Courts below have committed any illegality or acted without jurisdiction. The contention that after the plaint was registered the plaintiff could not reduce his claim and be allowed to pay the deficiency in Court‑fee on the reduced amount has not impressed us as we have not been shown any provision of law which bars the same. The petition is dismissed. Leave refused.
Judgment & Decree
ABDUS SATTAR, J.‑This petition for leave to appeal by the Province of West Pakistan is directed against the order of a learned Single Judge of the High Court of West Pakistan at Lahore, whereby a Revisional Application filed against an order by which the Trial Judge allowed the respondent to make good the deficiency in Court‑fee paid by him in a suit for damages, was dismissed in limine. The respondent filed a suit for the recovery of Rs. 25,00,000 as damages and paid a Court‑fee of Rs. 3,
000. The Province of West Pakistan at no stage of the proceedings took any objection that the plaint was insufficiently stamped. Long after the institution of the suit it was detected that the full Court‑fee was not paid. On the 15th March 1968, the trial Court passed the following order :‑ "Learned counsel for the plaintiff prays time for making up the deficiency in Court‑fee. The plaintiff shall make up the deficiency in Court‑fee. At this stage the plaintiff wants to make statement. Be recorded." Thereafter the plaintiff made a statement on oath and relinquished a part of his claim to the extent of Rs. 15,00,000 and claimed only Rs. 10,00,
000. The Court then passed the following order :‑ "The plaintiff shall make up the deficiency in Court‑fee on Rs. ten lacs before 19th March 1968. Case to come up for further orders on 18‑3‑1968". This order was complied with on the 18th of March 1968. A review application filed by the defendant Government praying that the plaintiff should not be permitted to make up the deficiency in the Court‑fee on the claim in suit was rejected. It was after this that the petitioner moved the High Court under section 115 of the C. P. C. and the High Court felt that there was no ground for interference with the order of the trial Court. The learned counsel for the petitioner has not been able to satisfy us that the Courts below have committed any illegality or acted without jurisdiction. The contention that after the plaint was registered the plaintiff could not reduce his claim and be allowed to pay the deficiency in Court‑fee on the reduced amount has not impressed us as we have not been shown any provision of law which bars the same. The petition is dismissed. Leave refused.