Syed MANZOOR HUSSAIN GHAZI vs SYED EJAZ HUSSAIN SHAH, SETTLEMENT — 1972 PLD 743

Citation: 1972 PLD 743

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Syed MANZOOR HUSSAIN GHAZI vs SYED EJAZ HUSSAIN SHAH, SETTLEMENT JUDGMENT

Headnotes

Case cited as PLD 1972 Lahore 743

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title:Syed MANZOOR HUSSAIN GHAZI vs SYED EJAZ HUSSAIN SHAH, SETTLEMENT JUDGMENT Reported As: PLD 1972 Lahore 743 Result: Order accordingly Judgment JUDGMENT There were instituted three writ petitions in this Court the particulars of which together with their dates of institution, decision and filing of appeals therein etc., are as follows:- 2. On the dates the writ petitions were filed, the court-fee payable thereon was Rs. 5 under rule 10, Chapter 4-J, High Court Rules and Orders, Volume V and the court-fee payable on Letters Patent Appeals therefrom (In practice) was also the same. I have here used the words "in practice", because it has not been shown to me as to under which provision of law such a court-fee was being paid. On the basis of Balli Rai and others v. Mahabir Rai (I LR 21 Al1. 178) such appeals (without expressing any considered opinion) might prima facie be held to fall under Article 11 of Schedule II of the Court Fees Act which, as amended by the Court-fees (Punjab Amendment) Act (XII of 1922), were required to be stamped with court-fee of Rs. 4. Anyhow since no authority for fixing court-fee of Rs. 5 was referred to me, therefore, I have for the present thought it safe to keep the point open and suffice it to state that such a court-fee was being paid "in practice", leaving the matter to be thrashed out at some further occasion in some more appropriate case. However, by an amend-- ment in the…

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