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Petitioner: ZAFAR ALAM VS Respondent: MEMBER (REVENUE) BOARD And 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: ZAFAR ALAM vs MEMBER (REVENUE) BOARD And 3 Other Case No.:Civil Petition for Leave to Appeal No.438-R of 1988 Writ Petition No.308 of
1985 Date of Judgment:1990-02-24 Reported As: 1991 SCMR 1153 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, CJ. ---Leave to appeal has been sought by a vendee, against the dismissal by the High Court of his Writ Petition in a pre-emption suit based on right of tenancy. The only question raised is with regard to the court-fee. Learned counsel has contended that notwithstanding the judgment of this Court in the case of Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 Supreme Court 289), the respondent/plaintiff should have been non-suited because his plaint was liable to be rejected under Order 7, Rule 11, clause (b), C.P.C. According to him the said case of Siddique Khan had dealt with the cases only under clause (c) and not (b). While elaborating the argument learned counsel contended that it was not obligatory on the Court to determine the court-fee before requiring the respondent to make up the deficiency and that it was the plaintiffs duty alone to bring the material for determination of the correct court-fee. It is true that the initial duty was of the plaintiff to determine and fix the court-fee but in case he had fixed stamps which were deficient in value, it was the duty of the Court to determine the correct value and the plaintiff was entitled as of right to one opportunity to make up the deficiency. This was clarified in the case of Siddique Khan. The distinction made by the learned counsel is thus not valid-valuation alone is not involved. After hearing him in support of this petition we do not find any merit in the same. Leave to appeal, accordingly, is refused.