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2009 SCMR 1141

YAROON KHAN vs LAL ZADA

Petitioner: YAROON KHAN VS Respondent: LAL ZADA

Court: Supreme Court of Pakistan Decision Date: 2009-04-23

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Qaim Jan Khan, Ijaz-ul-Hassan Khan Title: YAROON KHAN vs LAL ZADA Case No.: Civil Petition No,751-P of 2004 Date of Judgment:2009-04-23 Reported As: 2009 SCMR 1141 Result: Leave granted

Judgment ORDER ' IJAZ-UL-HASSAN KHAN, J.-- Mr. Mazullah Barkandi, Advocate for the petitioner, contended that petitioner had not committed default wilfully; that learned trial Court had not directed the petitioner to deposit a specific court-fee; that learned trial Court as well as learned Appellate Court has not granted reasonable time to the petitioner to deposit the court-fee; that learned High Court has not appreciated the matter in its true perspective while upholding the concurrent findings of the two Courts below and even now if opportunity is given, petitioner is ready to make up deficient court-fee. Reliance in this context was placed on Mian Khan v. Aurangzeb and 12 others 1989 SCM R 58 and. Memon Educational Board and Society, Karachi, v. Munawar Hussain 2003 SCM R 157. 2. Leave to appeal is granted in this petition to examine in detail the above contentions raised by learned counsel for the petitioner.##TE#

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