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Petitioner: Muhammad Shahbaz, etc VS Respondent: Umar Hayat, etc
Court Name: Lahore High Court Judge(s): Asim Hafeez Title: Muhammad Shahbaz, etc vs Umar Hayat, etc Case No.: C.R. No. 497 of 2021 Date of Judgment:2021-04-29 Reported As: PLJ 2021 Lahore 928 Result: Civil revision dismissed
Judgment ORDER This Civil Revision is directed against order dated 29.01.2021, in terms whereof petitioner's appeal was dismissed due to conspicuous failure to submit requisite Court fee. It is pertinent to mention that petitioner's suit for specific performance was dismissed by the learned trial Court. 2. Learned counsel contends that adequate opportunity to tender Court fee was not provided, reference is made to order dated 05.01.2021, when local bar was on strike. Learned counsel referred to the ratio of decision in the, case of "Mst. Mairaj Bibi and 4 others vs. Muhammad Shafique through L.Rs. and others" (PLD 2020 Lahore 888). 3. No case for interference is made out in exercise of Revisional jurisdiction. Default on the part of the petitioner is unambiguous, who failed to submit Court fee despite directions on three dates - each conveyed in clear terms. No plausible explanation was tendered to justify non-compliance on the part of the petitioner . Petitioner's contumacious conduct demonstrates lack of respect for the judicial orders, and such obstinacy consequently undermines the sanctity and credibility of the entire judicial system. The rights of the respondents cannot be subjected to such non- serious attitude of the petitioner . Petitioner is not entitled to any concession. Judgment referred merely elucidates general principle of law, which is evidently distinguishable on facts. No error of law or infirmity is found in the order impugned. 4. Instant Civil Revision is devoid of merits and same is, therefore, dismissed.