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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MA HMOOD VS Respondent: MUHAMMAD SIDDIQUE (Deceased) And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: MA HMOOD vs MUHAMMAD SIDDIQUE (Deceased) And Other Case No.: R.S.A. No. 915 of 1976 Date of Judgment:1985-02-19 Reported As: 1985 SCMR 1209 Result: Leave granted
Judgment ORDER SHAFIUR RAHMAN, J.--Leave to appeal is granted to examine the following to questions of law arising in the petition:-. (1) Whether in view of the decisions in: (i) Shahna Khan v. Aulia Khan and others PLD 1984 SC 157, (ii) Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 and (i.e) Gulzar Husain v. Abdur Rehman and another 1985 SCMR 301. The failure of the trial Court to indicate the deficiency in court-fee was not as held by the trial Court sufficient to entitle the plaintiff even if some delay had taken place in paying the necessary court-fee, to condonation. (2)Whether the entire suit of the plaintiff could be dismissed not with--standing a compromise entered into between the plaintiff anti Allah Wasaya vendee. Security Rs.2,000. The appeal to be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary.