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Petitioner: AL-AHRAM BUILDERS LIMITED VS Respondent: PAKISTAN DEFENCE OFFICERS' HOUSING AUTHORITYHonorable Justice Rasheed Ahmad RazviFarogh Nasim,Agha Faqir Muhammad
1997 C L C 1301
1997 C L C 1301
[Karachi]
Before Rasheed Ahmad Razvi, J
Messrs AL‑AHRAM BUILDERS LTD. ‑‑‑Plaintiff
versus
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY‑‑‑Defendant
Suit. No. 25 of 1995, decided on 22nd September, 1996.
Court Fees Act (VII of 1870)‑‑‑
‑‑‑‑S.3‑‑‑Alternate relief for specified damages claimed by plaintiff in his suit against defendant‑‑‑Plaintiff having prayed for alternate decree for specified amount as damages, his application to allow him to pay additional court‑fee was allowed and he was allowed to pay additional court‑fee in view of his alternate prayer and to amend his plaint in terms thereof.
Province of West Pakistan v. Abdul Ghani Ghumman 19.68 SCMR 321 and Haji Gul and another v. Mst. Aisha PLD 1973 Kar. 653 rel.
Farogh Nasim for Plaintiff. Agha Faqir Muhammad for Defendant (absent),
ORDER
On 1‑9‑1996 Mr. Agha Faqir Muhammad had waived notice of his application to whom copies were also supplied but despite that he has failed to file any counter‑affidavit till this date.
2., Through this application, the plaintiff his prayed that he may be allowed to pay further court‑fee on the ground, inter alia, that in para. 35(b) of his plaint he has prayed for an alternate relief i.e. damages for rupees 90,00,000 (rupees ninety lacs) against the defendants and, secondly, that the present market price of suit property has enhanced and now it.exceeds above Rs.5 lacs.
I have heard Mr. Farogh Nasim, Advocate who has referred to the case of Province of West Pakistan v. Abdul Ghani Ghumman (1968 SCMR 321) .wherein a plaintiff was permitted to reduce his claim in the plaint after registration of the case and to pay court‑fee on such reduced valuation. He has also referred to the case of Haji Gul and another v. Mst. Aisha (PLD 1973 Karachi 653) whereby this Court while dealing with a matter of appeal held, inter alia, that is the discretion of the plaintiff to assess valuation of his suit.
. 3. It is an admitted position that the plaintiff has prayed for an alternate decree for Rs.90 lacs as damages but despite this fact, at the time of admission no such objection was raised by the office of this Court which has resulted in filing of the present application. I accordingly, grant this application and allow P' the plaintiff to. pay additional court‑fee in view of his alternate prayers. CMA‑4375/96 stands disposed of.
At the verbal request of the learned counsel for plaintiff, he is allowed to amend the title as well as para. No. 34 of the plaint with red ink. .
A.A./A‑74/K Order accordingly