NAZIR Versus MUHAMMAD BOOTA

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑‑This appeal with leave of this Court is directed against the judgment of the Lahore Court dated the 13th of October, 1981, whereby appellants/pre‑emptors' civil revision arising out of a pre‑emption matter was dismissed and first appellate judgment setting aside the pre‑emption decree in appellants' favour, was affirmed.

2. The reason on account of which the appellants have been non‑suited by the two Courts below is relatable to the alleged deficiency in the payment of court‑fee by the appellants. The question of so‑called default now stands resolved by the judgment of this Court in the case of Siddique Khan P L D 1984 S C 289 which goes in favour of the appellants. Learned counsel for the respondents remained unable to dispute this position. This appeal accordingly is allowed and the impugned judgment and decree is set aside. The judgment and decree of the first appellate Court for the same reason is also set aside, with the result that the judgment and decree of the Trial Court is restored. The appellants shall be allowed reasonable time by the Trial Court to deposit the remaining amount, if any, after due notice.

3. M.B.A./N‑78/S Appeal allowed.