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Petitioner: NOOR MUHAMMAD and 2 others VS Respondent: MUHAMMAD RAMZAN and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: NOOR MUHAMMAD and 2 others vs MUHAMMAD RAMZAN and 3 others Case No.: Civil Petition for Special Leave to Appeal No,974 of 1983 Date of Judgment:1988-05-22 Reported As: 1989 SCMR 1264 Result: Case remanded
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition by a pre-emptor against the acceptance by the High Court of a Civil Revision filed by the respondents-side on the question of the deficiency of court-fee paid by the petitioners-side, has been converted into appeal. 2. We have heard both the learned counsel for the petitioners/appellants and the learned counsel for the caveators/respondents. The former has contended that decision of the High Court on the question of court-fee cannot now be upheld on account of the judgment of this Court in the case of Siddique Khan PLD 1984 SC 289. It obviously applies to this case and supports the above contention. The learned counsel for the respondents not having been able to meet the contention, this appeal is allowed. The impugned judgment is set aside and the case is remanded to the High Court for the decision of the Civil Revision afresh, which shall be deemed to be pending. There shall be no order as to costs.