1988 PLP 1393(2) (SCMR)
NAZIR and another — Appellants Versus MUHAMMAD BOOTA and 3 others — Respondents
| Citation | 1988 PLP 1393(2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | NAZIR and another — Appellants Versus MUHAMMAD BOOTA and 3 others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1988 PLP 1393(2) (SCMR)?
This judgment primarily cites: Punjab Pre-emption Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1393(2) (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1393(2) (SCMR) (NAZIR and another — Appellants Versus MUHAMMAD BOOTA and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khurshid Ahmad, Advocate Supreme Court instructed by Sh. Tanvir Ahmad, Advocate-on-Record for Appellants.
- Aslam Chaudhry, Advocate-on-Record for Respondents.
- Date of hearing: 23rd May, 1988.
- Ch. Khurshid Ahmad, Advocate Supreme Court instructed by Sh. Tanvir Ahmad, Advocate‑on‑Record for Appellants.
- Aslam Chaudhry, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court Lahore, dated 13-10-1981 in Civil Revision No.1131 of 1981).
S.21--Pre-emption suit--Appellants non-suited by two Courts below on ground of alleged deficiency in the payment of court-fees--Question of so-called default having been resolved by judgment of Supreme Court in the case of Siddique Khan P L D 1984 S C 289 which was in favour of the appellants, appeal was allowed with observation that appellants should be allowed reasonable time by the Trial Court to deposit remaining amount if any, after due notice.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑‑This appeal with leave of this Court is directed against the judgment of the Lahore Court dated the 13th of October, 1981, whereby appellants/pre‑emptors' civil revision arising out of a pre‑emption matter was dismissed and first appellate judgment setting aside the pre‑emption decree in appellants' favour, was affirmed. The reason on account of which the appellants have been non‑suited by the two Courts below is relatable to the alleged deficiency in the payment of court‑fee by the appellants. The question of so‑called default now stands resolved by the judgment of this Court in the case of Siddique Khan P L D 1984 S C 289 which goes in favour of the appellants. Learned counsel for the respondents remained unable to dispute this position. This appeal accordingly is allowed and the impugned judgment and decree is set aside. The judgment and decree of the first appellate Court for the same reason is also set aside, with the result that the judgment and decree of the Trial Court is restored. The appellants shall be allowed reasonable time by the Trial Court to deposit the remaining amount, if any, after due notice. M.B.A./N‑78/S Appeal allowed.