1988 MLD 949 (PLP)
ARK NAVIGATION CO. OF PAKISTAN LTD. and another‑‑Appellants Versus ESSO PAKISTAN and another Respondents
| Citation | 1988 MLD 949 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J |
| Parties | ARK NAVIGATION CO. OF PAKISTAN LTD. and another‑‑Appellants Versus ESSO PAKISTAN and another Respondents |
| Primary Law | Court Fees Act (VII of 1870)‑‑ |
Q1: What are the key laws and sections cited in 1988 MLD 949 (PLP)?
This judgment primarily cites: Court Fees Act (VII of 1870)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 MLD 949 (PLP)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 MLD 949 (PLP) (ARK NAVIGATION CO. OF PAKISTAN LTD. and another‑‑Appellants Versus ESSO PAKISTAN and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑S. 151‑‑Civil Procedure Code (i! of 1908), S. 7‑‑Court‑ fee‑‑Suit on original side of High Court‑‑No court‑fee, hued, was required to be paid‑‑Decision of Division Bench of High Court already available on point‑‑Since decision of Division Bench was under challenge before Supreme Court, petitioner permitted to deposit court‑fee with Nazir of Court for purpose of purchasing stamps subject to condition that in case Supreme Court decides that no Court‑fee was payable on suits on original side, amount of court‑fee shall be returned by Government. Petitioner in person
Judgment & Decree
The applicant has filed this application under section 151 C P C praying that the amount of court‑fees amounting to Rs. 15,000 may be ordered to be deposited with the Nazir of this Court as according to the petitioner no court‑fee is payable on the original side of this Court. There is already a decision of a D.B. of this Court wherein it was held that no court‑fee is required to be paid in the suits instituted on original side of this Court but this decision is presently under challenge before the Supreme Court. However, in a large number of suits a similar question has arisen and the Court had directed deposit of amount of court‑fee in this Court for the purpose of purchasing stamps subject to the condition that in the event it is finally held by the Supreme Court that no court fee is payable on the suits on the original side of this Court the court‑fee shall be forthwith returned by the Provincial Govt. to the party concerned. Subject to above condition the petitioner is permitted to deposit the sum of Rs. 15,000 in Court and upon deposit of this amount the Nazir may purchase the court‑fee stamps subject to the conditions stated above. The petitioner may deposit this amount in Court within the period allowed by the Court during vacation. M.Y.H./2498/K Order accordingly.