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Petitioner: KHUDA BAKHSH VS Respondent: MUHAMMAD YAQUB
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Muhammad Afzal Zullah Title: KHUDA BAKHSH vs MUHAMMAD YAQUB Case No.: Civil Appeal No.89 of 1988 Date of Judgment:1990-04-01 Reported As: 1991 SCMR 205 Result: Case remanded
JUDGMENT
JUDGMENT ALI HUSSAIN QAZILBASH, J.-This is an appeal by leave of this Court against the order, dated 13-11- 1982 of I learned Single Judge of the Lahore High Court. 2. The plaintiff-appellant had filed a suit for possession of land measuring 6 marlas described in the heading of the plaint on the basis of his superior right of pre-emption as co-sharer as well as owner in the land in the Mau7a. The suit was contested on various grounds which resulted in the framing of a number of issues. The learned trial Court after recording the evidence dismissed the suit of the plaintiff-appellant mainly on the ground of deficiency in the payment of the court---fee. This finding was upset by the Additional District Judge-I, Mianwali on the appeal filed by the appellant vide judgment, dated 14-7-1980. The respondent then challenged the findings of the appellate Court through a revision in the High Court which was allowed through the impugned judgment and it was held therein that the appellant was negligent and contumacious in filing an "incompetent appeal with deficient court-fee". 3. Leave has been granted to consider the correctness of the judgment of the learned High Court in view of the decision of this Court in Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289. 4. We have heard the learned counsel for the appellant and are of the view that in view of the decision of this Court in the above-cited case, the judgment of the learned Judge in his chambers, cannot be sustained. The appeal is therefore allowed and the case is remanded to the High Court to re-hear the revision petition on merits. There is however no order as to costs.