MUHAMMAD MUSA vs JAMAL MUHAMMAD Etc.S
This matter concerns a dispute over pre-emption rights regarding land, where two rival suits were consolidated. The trial court dismissed the respondent's suit, citing his failure to produce the latest Jamabandi to prove ownership and his failure to rectify a court-fee deficiency. The trial court decreed the petitioner's suit. On appeal, the Additional District Judge allowed the respondent to produce additional evidence (the Jamabandi) and held that the trial court was not justified in rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 without issuing a specific direction to deposit the court-fee. The case was remanded for a fresh decision. A Single Judge of the Lahore High Court upheld this remand, finding the appellate court's decision to allow additional evidence under Order XLI Rule 27 of the Code of Civil Procedure 1908 to be justified. The Supreme Court of Pakistan dismissed the petitioner's appeal, affirming that the lower appellate court acted within its discretion to allow additional evidence and that the rejection of a plaint for court-fee deficiency requires prior specific direction.
- Can an appellate court allow the production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure 1908?
- Is a trial court justified in rejecting a plaint for deficiency in court-fee without first issuing a specific direction to the plaintiff to deposit the required amount?
- Does the failure to produce a Jamabandi at the trial stage preclude an appellate court from allowing its production as additional evidence?
- Order VII Rule 11, Code of Civil Procedure 1908
- Order XLI Rule 27, Code of Civil Procedure 1908
1. MUHAMMAD AKRAM, J.-Muhammad Musa petitioner herein and Jamal Muhammad respondent No. 1 filed two rival suits in the trial Court for possession of the land in dispute by pre-emption on the ground that they were co-owners in the village. The proceedings in the two suits were consolidated and tried together. On the 13th of November 1975, the trial Court observed that respondent No. 1 had failed to produce the latest Jamabandi to establish that he was an owner of the estate on the date of the impugned sale and also found that he had failed to make up the deficiency in the court-fee on the plaint within time and consequently rejected his plaint and dismissed the suit. The trial Court, however, decreed the suit of Muhammad Musa petitioner. On this respondent No. 1 went up in appeal against the order and decree passed by the trial Court. The Additional District Judge, Dera Ghazi Khan, allowed the requested of respondent No. 1 herein for permission to produce additional evidence in the form of the latest Jamabandi for the year 1973-74 in proof of his superior right to pre-empt the sale and also observed that the trial Court had failed to issue any specific direction to him to deposit a specific amount of court-fee by the given date and therefore, was not justified in applying the punitive provisions contained in rule 11, Order VII of the Code of Civil Procedure. In consequence in accepting the appeal of the respondent the lower appellate Court remanded the case to the trial Court for a fresh decision in accordance with the law. Muhammad Musa petitioner preferred an appeal against the order which was, however, dismissed in limine in Chambers by a learned Single Judge of the Lahore High Court at Lahore on the 1st of February 1978. He was of the opinion that the lower appellate Court was justified in allowing additional evidence to the adduced by the plaintiff --respondent No. 1 in accordance with the provisions contained in rule 27, Order LXI of the Code.
2. For the foregoing reasons this petition does not call for any interference in these proceedings, and is therefore, dismissed.