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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FATEH MUHAMMAD VS Respondent: NAZIRAN BIBI
1988 S C M R 1492
1988 S C M R 1492
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
FATEH MUHAMMAD‑‑Petitioner
versus
Mst. NAZIRAN BIBI and others‑‑Respondents
Civil Petitions Nos.913 and 1113 of 1984, decided on 30th May, 1988.
(Against the judgment and order of the Lahore High Court, Lahore, dated 18‑6‑1984 in RSA No.185 of 1976 and dated 13‑10‑1984 in RSA No.948 of 1976 respectively).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.21‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Pre‑emption suit‑‑Deficiency in court‑fee‑‑Leave to appeal granted to consider contention that the only question on account of which petitioners pre‑emptors were non‑suited related to the deficiency in court‑fee.
Siddique Khan's case P L D 1984 S C 289 rel.
Syed Fayyaz Hussain Qadri, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner (in Civil Petition No.913 of 1984).
Nemo for Respondents (in Civil Petition No. 913 of 1984) .
Abdul Sattar Chughtai, Advocate Supreme Court and Khawaja Mushtaq Ahmad, Advocate‑on‑Record for Petitioner (in Civil Petition No.1113 of 1984) .
Nemo for Respondent (in Civil Petition No.1113 of 1984) .
Dates of hearing: 29th and 30th May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑Learned counsel states that the only question on account of which the petitioners/ pre‑emptors in these cases have been non‑suited, relates to the deficiency in Court A fee. He has relied on the judgment of this Court in the case of Siddique Khan P L D 1984 S C 289.
The question raised requires examination. Leave to appeal is accordingly granted. Security Rs.5,000 in each case within one month. The appeals to be prepared on the present record with liberty/ direction B to file all necessary additional documents. To be heard with similar other cases C.P. No.113 of 1982, wherein leave to appeal was granted on 9‑5‑1988. See also for joint hearing C.P. 1392 of 1983 wherein according to the learned counsel, leave to appeal was granted for examination of the similar point.
M.I..F‑57/S. Leave granted.