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Petitioner: MANZOOR And Others VS Respondent: SARDAR KHAN
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: MANZOOR And Others vs SARDAR KHAN Case No.:Civil Petition for Special Leave to Appeal No. 138 of 1983 R.S.A. No. 339 of
JUDGMENT
Reported As: 1987 SCMR 809 Result: Leave granted Judgment JUDGMENT SAAD SAOOD JAN, J--Rehman, predecessor-in-interest of the petitioners filed a suit for pre- emption. The plaint did not bear the correct amount of court-fee. The trial Court permitted him to make up the deficiency. The date prescribed by the trial Court fell beyond the period of limitation provided for suits for pre-emption. He made up the deficiency within the time fixed by the Court. The suit was later decreed. The respondent preferred an appeal before the Additional District Judge. He accepted the appeal and set-aside the judgment and decree of the trial Court solely on the ground that Rehmat had not made up the deficiency in the court-fee within the period of limitation prescribed for suits for pre-emption. The petitioners preferred a second appeal in the High Court which was dismissed in limine. 2. The learned counsel for the petitioners contends that the view taken by the High Court and the Additional District Judge is in conflict with the rule laid down by this Court in Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289. This contention needs consideration. Leave to appeal is granted to the petitioners. Security in the sum of Rs.2,500. The appeal may be prepared for hearing on the present record.
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