LABHA Versus ALTAF HUSSAIN
The petitioner, a vendee and defendant in a pre-emption matter, sought leave to appeal against the judgment of the Lahore High Court which had dismissed his civil revision concerning the question of court-fee. The core legal question revolved around the payment of a deficient court-fee and the dismissal of the respondent's suit on that ground. The Supreme Court of Pakistan held that the question regarding court-fee already stood concluded against the petitioners by a previous judgment of the Court in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 S C 289). Consequently, the Supreme Court refused leave to appeal and dismissed the petition, establishing that the settled precedent on court-fee deficiencies governs the matter.
- Does a deficiency in court-fee warrant the dismissal of a pre-emption suit in light of settled precedent?
- Can leave to appeal be granted when the question regarding court-fee stands already concluded by a previous judgment of the Supreme Court?
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑ ‑A vendee/ defendant in a pre‑emption matter has sought leave to appeal against judgment dated 20‑6‑1981 of the Lahore High Court, whereby his civil revision involving question of court‑fee, was dismissed.
2. The petitioners sought the dismissal of respondents suit on the ground of payment of deficient court‑fee. He having failed, has sought leave to appeal. The question regarding court‑fee raised in this petition stands now concluded by the judgment of this Court in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 S C 289), which goes against the petitioners. Leave to appeal is, accordingly, refused and the petition is dismissed.
M.B.A./L‑10/S Petition dismissed.