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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABDUR REHMAN KHAN VS Respondent: Mst. AMIR KHATOON and others
Court Name: Lahore High Court Judge(s): Zia Mahmood Mirza Title: ABDUR REHMAN KHAN vs Mst. AMIR KHATOON and others Case No.: Writ Petition No, 4220 of 1982 Date of Judgment:1985-06-04 Reported As: 1985 MLD 200 Result: Writ accepted
JUDGMENT
JUDGMENT ' In this case, suit for the recovery of Rs,20,000 as dower filed by respondent No,1 was decreed by the learned Family Court by order, dated 3-5-1982. Petitioner filed an appeal before the learned District Judge which the learned Additional District Judge dismissed by his judgment, dated 8-9-1982 holding that "it was necessary for Abdur Rehman appellant to deposit the decrial amount in the Court and in this connection a specific direction was given to him, vide order, dated 14-7-1982 of this Court to deposit the decretal amount in this Court up to 1-9-1982 but the same has not been deposited." 2.Learned counsel appearing for respondent No,1 has quite frankly conceded that it was not necessary for the petitioner to deposit the decretal amount to maintain the appeal before the learned Additional District Judge. In this view of the matter, appeal was dismissed by the learned Additional District Judge on incorrect premises. This writ petition is, therefore, allowed and the order of the learned Additional District Judge, dated 8-9-1982 is set aside and the case is remanded to him for fresh decision of the appeal in accordance with law. There shall be no order as to costs in the circumstances of the case.