1994 PLP 1277 (CLC)
MUHAMMAD AFZAL‑‑ ‑Appellant Versus MUHAMMAD ASLAM‑‑‑Respondent
| Citation | 1994 PLP 1277 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Tanvir Ahmed Khan and Ausaf Ali Khan, JJ |
| Parties | MUHAMMAD AFZAL‑‑ ‑Appellant Versus MUHAMMAD ASLAM‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1994 PLP 1277 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1277 (CLC)?
The case was heard and decided by the Lahore bench comprising: Tanvir Ahmed Khan and Ausaf Ali Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1277 (CLC) (MUHAMMAD AFZAL‑‑ ‑Appellant Versus MUHAMMAD ASLAM‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Abdul Rasheed Javed for Appellant,
- Ch: Abdul Nabi for Respondent.
- Date of hearing: 30th May, 1993.
Headnotes / Summary
Court Fees Act MI of 1870)‑‑‑ ‑‑‑‑S. 13‑‑‑Court‑fee paid on memorandum of appeal ‑‑‑Refund‑‑‑Plaintiff/appellant was non‑suited simply on ground that pronote on basis of which plaintiff had filed suit was, insufficiently stamped‑‑‑High Court on appeal held that pronote was duly and sufficiently stamped; set aside judgment of Court below and remanded case to be decided afresh on merits‑‑‑Suit filed by plaintiff/appellant having been dismissed by Court below without any fault on part of plaintiff/appellant, he was entitled to refund of court‑fee paid by him on memorandum of appeal‑‑‑Certificate authorising appellant to receive back court‑fee was issued by High Court accordingly. Hoshang and others v. Dr. Eddie P. Bharucha and others PLD .1990 Lah‑120 ref.
Judgment & Decree
TANVIR AHMED KHAN, J.‑‑.We have heard the learned counsel for the parties. The appellant was non‑suited simply on the ground, that the pronote marked `A' on the basis of which he filed the suit was insufficiently stamped. A Division Bench of this Court through its judgment dated 24‑4‑1993 passed in RFA No. 5‑92 had held that the pronote marked `A' was duly as well as sufficiently stamped and accordingly the judgment dated 22‑12‑1991 of the Additional District_Judge was set aside and the case was remitted to the original Court for deciding the same afresh on merits after giving opportunity of hearing to the parties. The appellant/applicant through this application has prayed for the refund of court‑fee in accordance with section 13 of the Court Fees Act, 1870. Since the suit of the appellant was dismissed without any fault on his part, so in view of the law laid down in Hoshang and others v. Dr. Eddie P. Bharucha and (PLD 1990 Lahore 120) we grant a certificate authorising the appellant to receive back the court‑fee amount paid in RFA 5‑92 from the Collector, Bahawalpur in accordance with law and rules. This application is disposed of. H.B.T./M‑1470/L Application allowed.