1997CLC1210 (PLP)
Messrs AL‑AHRAM BUILDERS LIMITED‑‑‑Plaintiff Versus PAKISTAN DEFENCE OFFICERS' HOUSING AUTHORITY‑‑‑Defendant
| Citation | 1997CLC1210 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Rasheed Ahmed Razvi, J |
| Parties | Messrs AL‑AHRAM BUILDERS LIMITED‑‑‑Plaintiff Versus PAKISTAN DEFENCE OFFICERS' HOUSING AUTHORITY‑‑‑Defendant |
| Primary Law | Court Fees Act (VII of 1870)‑‑‑ |
Q1: What are the key laws and sections cited in 1997CLC1210 (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 1997CLC1210 (PLP)?
The case was heard and decided by the Karachi bench comprising: Rasheed Ahmed Razvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997CLC1210 (PLP) (Messrs AL‑AHRAM BUILDERS LIMITED‑‑‑Plaintiff Versus PAKISTAN DEFENCE OFFICERS' HOUSING AUTHORITY‑‑‑Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 7(i)‑‑‑Prayer for alternate relief in plaint having been included, plaintiff's application for permission to pay further court‑fee on ground that in specified para. of his plaint he had prayed for alternate relief i.e. damages against defendants and that present market value of property in question, had enhanced‑‑‑Entitlement‑‑‑Plaintiff had admittedly prayed for alternate decree for specified amount as damages but despite such fact, at admission stage, no such objection was raised by office of Court which had resulted in filing of application‑‑‑Plaintiff's application was granted and he was allowed to pay additional court‑fee on account of his alternate prayer‑‑‑Plaintiff was allowed to amend title as well as relevant para. of plaint. Province of West Pakistan v. Abdul Ghani Ghumman 1968 SCMR 321 and Haji Gul and another v. Mst. Aisha PLD 1973 Kar. 653 ref. Farogh Nasim for Plaintiffs. Agha Faqir Muhammad for Defendant (absent).
Judgment & Decree
‑‑‑‑S. 7(i)‑‑‑Prayer for alternate relief in plaint having been included, plaintiff's application for permission to pay further court‑fee on ground that in specified para. of his plaint he had prayed for alternate relief i.e. damages against defendants and that present market value of property in question, had enhanced‑‑‑Entitlement‑‑‑Plaintiff had admittedly prayed for alternate decree for specified amount as damages but despite such fact, at admission stage, no such objection was raised by office of Court which had resulted in filing of application‑‑‑Plaintiff's application was granted and he was allowed to pay additional court‑fee on account of his alternate prayer‑‑‑Plaintiff was allowed to amend title as well as relevant para. of plaint. Province of West Pakistan v. Abdul Ghani Ghumman 1968 SCMR 321 and Haji Gul and another v. Mst. Aisha PLD 1973 Kar. 653 ref. Farogh Nasim for Plaintiffs. Agha Faqir Muhammad for Defendant (absent). On 1‑9‑1996 Mr. Agha Faqir Muhammad had waived notice of this application to whom copies were also supplied but despite that he has failed to file any counter‑affidavit till this date. Through this application, the plaintiff has prayed that he may be allowed to pay further court‑fee on the ground, inter alia, that in para. 35(b) of his plaint he has prayed for an alternate relief i. e. damages for rupees 90,00,000 (rupees ninety lacs) against the defendants and, secondly, that the present market price of suit property has enhanced and now it exceeds above Rs. 5 lacs. I have heard Mr. Farogh Nasim, Advocate who has referred to the case of Province of West Pakistan v. Abdul Ghani Ghumman 1968 SCMR 321) wherein a plaintiff was permitted to reduce his claim in the plaint after registration of the case and to pay court‑fee on such reduced valuation. He has also referred to the case of Haji Gul and another v. Mst. Aisha (PLD 1973 Karachi 653) whereby this Court while dealing with a matter of appeal held, inter alia, that it is the discretion of the plaintiff to assess valuation of his suit. It is an admitted position that the plaintiff has prayed for an alternate decree for Rs. 90 Lacs as damages but despite this fact, at the time of admission A no such objection was raised by the office of this Court which has resulted in filing of the present application. I accordingly, grant this application and allow the plaintiff to pay additional court‑fee in view of his alternate prayers. C.M.A. No.4375/96 stands disposed of.At the verbal request of the learned counsel for plaintiff, he is allowed~A to amend the title as well as para. No. 34 of the plaint with red ink. A.A./A‑74/K Order accordingly,