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Petitioner: MUHAMMAD HUSSAIN and another VS Respondent: Mst. BHOORI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: MUHAMMAD HUSSAIN and another vs Mst. BHOORI Case No.: Civil Appeal No, 117 of 1983 R.SA. No, 37 of 1981 Date of Judgment:1990-11-04 Reported As: 1994 SCMR 367 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' MUHAMMAD AFZAL ZULLAH, C.J.---This appeal by leave of the Court filed by the defendants' side in a suit for pre-emption is directed against the dismissal by the High Court of their Regular Second Appeal. Leave to appeal was granted to examine: whether, the respondent/plaintiff's suit was not liable to be dismissed on ground of limitation as the deficiency in court-fee pointed out in the trial Court was not supplied within the period of limitation. ' After hearing the learned counsel we find that this case is covered by the judgment of this Court in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 Supreme Court 289) which goes against the appellants' side. Learned counsel remained unable to satisfy us that the respondent/plaintiff as held in the said case of Siddique Khan was not entitled as of right to grant of time in the first instance; and secondly, that despite the report of the Commission it was not the duty of the trial Court to specify exact amount which was to be paid as court-fee, and that too on the grant of time after the said determination of the court-fee. Indeed in the circumstances of this case we are satisfied that the conduct of the respondent/plaintiff (female) was not in any way contumacious. Looked at from whatever angle there is no force in this appeal and the same is dismissed. There shall be no order as to costs.
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