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Petitioner: MUHAMMAD AFZAL VS Respondent: MUHAMMAD ASLAM
Court Name: Lahore High Court Judge(s): Ausaf Ali Khan, Tanvir Ahmed Khan Title: MUHAMMAD AFZAL vs MUHAMMAD ASLAM Case No.: Regular First Appeal No. 5 of 1992 Date of Judgment:1993-05-30 Reported As: 1994 CLC 1277 Result: Application allowed
Judgment ORDER TANVIR AHMED KHAN, J.--.We have heard the learned counsel for the parties. The appellant was non-suited simply on the ground, that the pronote marked `A' on the basis of which he filed the suit was insufficiently stamped. A Division Bench of this Court through its judgment dated 24-4-1993 passed in RFA No. 5-92 had held that the pronote marked `A' was duly as well as sufficiently stamped and accordingly the judgment dated 22-12-1991 of the Additional District_Judge was set aside and the case was remitted to the original Court for deciding the same afresh on merits after giving opportunity of hearing to the parties. The appellant/applicant through this application has prayed for the refund of court-fee in accordance with section 13 of the Court Fees Act, 1870. Since the suit of the appellant was dismissed without any fault on his part, so in view of the law laid down in Hoshang and others v. Dr. Eddie P. Bharucha and (PLD 1990 Lahore 120) we grant a certificate authorising the appellant to receive back the court-fee amount paid in RFA 5-92 from theCollector, Bahawalpur in accordance with law and rules. This application is disposed of.