1987 PLP 809 (SCMR)
MANZOOR and others‑‑Petitioners Versus SARDAR KHAN‑‑Respondent
| Citation | 1987 PLP 809 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | MANZOOR and others‑‑Petitioners Versus SARDAR KHAN‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 809 (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 809 (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 809 (SCMR) (MANZOOR and others‑‑Petitioners Versus SARDAR KHAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ehsan‑ul‑Haq, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 1st March, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, dated 18‑12‑1982 in R.S.A. No. 339 of 1982) ‑‑Art.185(3)‑‑Civil Procedure Code (V of 1908), Ss. 149 & 151‑‑Punjab Pre‑emption Act (I of 1913), S.21‑‑Leave to appeal, grant of‑‑Deficiency in court‑fee and its effect on limitation in a suit for pre‑emption‑ Plaintiff‑petitioner making up deficiency within time permitted by Court but beyond period of limitation prescribed for suit for pre‑emption‑ ‑Suit decreed by Trial Court but judgment/decree set aside in appeal‑‑View taken by Courts below in conflict with the rule laid down by Supreme Court‑‑Leave to appeal granted to consider contention that impugned judgment was in conflict with rule laid down by Supreme court in PLD 1982 S C
289. Siddique Khan v Abdul Shakur Khan P L D 1984 S C 289 ref.
Judgment & Decree
‑‑Art.185(3)‑‑Civil Procedure Code (V of 1908), Ss. 149 & 151‑‑Punjab Pre‑emption Act (I of 1913), S.21‑‑Leave to appeal, grant of‑‑Deficiency in court‑fee and its effect on limitation in a suit for pre‑emption‑ Plaintiff‑petitioner making up deficiency within time permitted by Court but beyond period of limitation prescribed for suit for pre‑emption‑ ‑Suit decreed by Trial Court but judgment/decree set aside in appeal‑‑View taken by Courts below in conflict with the rule laid down by Supreme Court‑‑Leave to appeal granted to consider contention that impugned judgment was in conflict with rule laid down by Supreme court in PLD 1982 S C
289. Siddique Khan v Abdul Shakur Khan P L D 1984 S C 289 ref. Ehsan‑ul‑Haq, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioners. Nemo for Respondent. Date of hearing: 1st March, 1987. SAAD SAOOD JAN, J‑‑Rehman, predecessor‑in‑interest of the petitioners filed a suit for pre‑emption. The plaint did not bear the correct amount of court‑fee. The trial Court permitted him to make up the deficiency. The date prescribed by the trial Court fell beyond the period of limitation provided for suits for pre‑emption. He made up the deficiency within the time fixed by the Court. The suit was later decreed. The respondent preferred an appeal before the Additional District Judge. He accepted the appeal and set-aside the judgment and decree of the trial Court solely on the ground that Rehmat had not made up the deficiency in the court‑fee within the period of limitation prescribed for suits for pre‑emption. The petitioners preferred a second appeal in the High Court which was dismissed in limine.
2. The learned counsel for the petitioners contends that the view taken by the High Court and the Additional District Judge is in conflict with the rule laid down by this Court in Siddique Khan v. Abdul Shakur Khan P L D 1984 S C
289. This contention needs consideration. Leave to appeal is granted to the petitioners. Security in the sum of Rs.2,
500. The appeal may be prepared for hearing on the present record. M.I./M‑57/S Leave granted.