1999 PLP 3362 (MLD)
Messrs MUSLIM COMMERCIAL BANK LIMITED — Appellant Versus Messrs IRSHAD STEEL through Proprietor — Respondent
| Citation | 1999 PLP 3362 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Messrs MUSLIM COMMERCIAL BANK LIMITED — Appellant Versus Messrs IRSHAD STEEL through Proprietor — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3362 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3362 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3362 (MLD) (Messrs MUSLIM COMMERCIAL BANK LIMITED — Appellant Versus Messrs IRSHAD STEEL through Proprietor — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 151
Court Fees Act (VII of 1870), S. 13
Appeal was withdrawn at very initial stage
Court was not burdened to expend its valuable time in proceedings of case
Application for refund of court-fee was allowed.
Judgment & Decree
Sh. Riaz-ud-Din v. Aqil-ur-Rehman and 4 others PLD 1993 SC 76 rel. Muhammad Zubair Qureshi for Appellant This application under section 151, C.P.C. filed on behalf of the appellant, prays for the refund of the court-fee paid on this appeal. The counsel submits that the appeal was filed challenging the judgment of the Banking Court No. III, Karachi and the appellant had paid a sum of Rs.15,000 as court-fee. However, at the very initial stage when the appeal was still for Katcha Peshi the same was withdrawn. He, therefore, submits that as a result of the withdrawal of the appeal at the initial stage the Court was spared of the burden to expend its valuable time in examining the case and hearing arguments in connection therewith, deliberating over the judgment thereon and then writing the same. In support of his contention, he places reliance on the Supreme Court's judgment in the case of Sh. Riaz-ud-Din v. Aqil-ur-Rehman and 4 others PLD 1993 SC 76, wherein the relevant observation is as follows:-- "We find force in these submissions. Under. Article 2A of the Constitution of 1973 (as amended in 1985) the State is obligated to further the ends of social justice which, inter alia, obligate it to 'ensure inexpensive and expeditious justice (see Article 37-D of the Constitution). To require a party to pay court-fee in a proceedings where the parties have compromised their dispute outside the Court and decided to withdraw the proceedings pending before the Court, thereby not burdening it (the Court) to expend its valuable time in examining the case, in hearing arguments in connection therewith, deliberating over the judgment thereon and then in formally taking time to write it; manifestly defeats the above mandate of the Constitution as it penalises the party for approaching the Court instead of assisting it to obtain inexpensive and speedy justice. It was incumbent upon the High Court to adopt the interpretation which furthered the objectives of the Constitution rather than negated them. Thus, the conclusion reached by the High Court cannot be sustained. The result is that this appeal is allowed and it shall issue the necessary certificate authorising the appellant to recover the amount incurred by him on payment of court-fee on the plaint and memo of appeal. No Costs. " The principle for the refund of court-fee laid down by the Supreme Court in the above case is fully applicable to the instant appeal. As such we grant this application and direct the issuance of the requisite certificate authorising the appellant to recover the amount incurred by it on payment of court-fee on the memo of this appeal. Q.M.H./M.A.K./M-344/K Application allowed.