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Petitioner: AKBAR ALI And Others VS Respondent: TE PROVINCE OF THE PUNJAB And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: AKBAR ALI And Others vs TE PROVINCE OF THE PUNJAB And Other Case No.:Civil Petition for Special Leave to Appeal No. 849 of 1981 R . F. A. No. 63 of
JUDGMENT
Reported As: 1987 SCMR 811 Result: Leave granted Judgment JUDGMENT SAAD SAOOD JAN, J--This is a petition for special leave to appeal from the judgment of the Lahore High Court in a regular first appeal. 2.The land belonging to the petitioners was acquired by the Provincial Government for the construction of a carriage-way between the Lahore and Sheikhupura. The petitioners were not satisfied with the amount of compensations determined by the Land Acquisition Collector in his award. Upon their application the Collector made a reference to a civil Court. The learned Senior Civil Judge who was seized of the matter enhanced the amount of compensations. The petitioners were still dissatisfied and they preferred a regular first appeal in the High Court 3. The court-fee paid on the memorandum of appeal bore only a small proportion to the amount that was actually payable. The petitioners moved an application under section 149 of the Code of Civil Procedure for permission to make up the deficiency. The application was dismissed by the High Court, after observing that the reasons given for not paying the proper court-fee in the first instance were unacceptable. It then also dismissed the appeal as not having been properly filed. 4. In support of this petition it is contended that before dismissing the appeal the. High Court ought to have given the petitioners an opportunity to make up the deficiency. In support of this contention reliance is being placed upon a decision of this Court reported as Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289. 5. The contention raised on behalf of the petitioners needs consideration. Accordingly, leave to appeal is granted to the petitioners. Security in the sum of Rs.2,500. The appeal may be made
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ready on the present record with permission to the parties to add such documents as they may consider necessary.