1987 PLP 811 (SCMR)
AKBAR ALI and others‑‑Petitioners Versus TE PROVINCE OF THE PUNJAB and others Respondents
| Citation | 1987 PLP 811 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | AKBAR ALI and others‑‑Petitioners Versus TE PROVINCE OF THE PUNJAB and others Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 811 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 811 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 811 (SCMR) (AKBAR ALI and others‑‑Petitioners Versus TE PROVINCE OF THE PUNJAB and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.R. Sheikh, Advocate Supreme Court instructed by Kh. Mushtaq Ahmad Advocate‑ on‑Record for Petitioners.
- M.A. Bajwa, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate‑ on‑Record for Respondents
- Date of hearing: 2nd March, 1987
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore dated 13‑6‑1981 in R . F. A. No. 63 of 1977. ) ‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), S. 149‑‑Deficiency in court‑fee‑‑High Court denying permission to make up deficiency at appeal stage‑‑Leave to appeal granted to consider contention that before dismissing appeal, High Court ought to have given petitioners an opportunity to make up deficiency. Siddique Khan v Abdul Shakur Khan P L D 1984 S C 289 ref.
Judgment & Decree
A.R. Sheikh, Advocate Supreme Court instructed by Kh. Mushtaq Ahmad Advocate‑ on‑Record for Petitioners. M.A. Bajwa, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate‑ on‑Record for Respondents Date of hearing: 2nd March, 1987 SAAD SAOOD JAN, J‑‑This is a petition for special leave to appeal from the judgment of the Lahore High Court in a regular first appeal. 2.The land belonging to the petitioners was acquired by the Provincial Government for the construction of a carriage‑way between the Lahore and Sheikhupura. The petitioners were not satisfied with the amount of compensations determined by the Land Acquisition Collector in his award. Upon their application the Collector made a reference to a civil Court. The learned Senior Civil Judge who was seized of the matter enhanced the amount of compensations. The petitioners were still dissatisfied and they preferred a regular first appeal in the High Court
3. The court‑fee paid on the memorandum of appeal bore only a small proportion to the amount that was actually payable. The petitioners moved an application under section 149 of the Code of Civil Procedure for permission to make up the deficiency. The application was dismissed by the High Court, after observing that the reasons given for not paying the proper court‑fee in the first instance were unacceptable. It then also dismissed the appeal as not having been properly filed.
4. In support of this petition it is contended that before dismissing the appeal the. High Court ought to have given the petitioners an opportunity to make up the deficiency. In support of this contention reliance is being placed upon a decision of this Court reported as Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289.
5. The contention raised on behalf of the petitioners needs consideration. Accordingly, leave to appeal is granted to the petitioners. Security in the sum of Rs.2,
500. The appeal may be made ready on the present record with permission to the parties to add such documents as they may consider necessary. M.I./A‑21/S Leave granted.