Pakistan Case Law
1989 SCMR 1726

Kh. HAMID HASSAN vs MUHAMMAD FAYYAZ RASHID and another

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Citation1989 SCMR 1726
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 1037 of 1984
Date1988-11-27
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal filed by a plaintiff against the judgment of the High Court, which dismissed the petitioner's Regular Second Appeal regarding a suit for possession of property. The core legal questions presented for the Supreme Court's examination involve whether the petitioner was correctly non-suited due to an alleged failure to pay the proper court fee at the appropriate stage of the proceedings. Additionally, the Court is tasked with determining whether the petitioner's appeal in the first round of litigation was validly instituted by a duly constituted attorney, alongside other related procedural issues. The Supreme Court, upon reviewing the petition, found that these issues require a detailed examination and, consequently, granted leave to appeal. The Court directed that the appeal be prepared on the existing record, with instructions for the parties to submit any additional necessary documentation. This order establishes the procedural framework for the subsequent hearing of the appeal, focusing on the validity of court-fee payments and the proper authorization of legal representation in property litigation.

Questions settled in this judgment
  • Whether a plaintiff can be non-suited for failure to pay proper court-fee at the proper stage?
  • Whether an appeal filed by a duly constituted attorney in the first round of litigation is valid?
Regular Second Appealcourt feesuit for possessionduly constituted attorneyleave to appealprocedural validity

ORDER

' MUHAMMAD AFZAL ZULLAH, J.--The petitioner, a plaintiff, in a suit for possession of suit property, has challenged the dismissal of his Regular Second Appeal by the High Court.

2. The questions; whether the petitioner has been rightly non-suited on the ground of his failure to pay proper court-fee at the proper stage; and whether, in the 1st round of litigation his appeal was properly filed by duly constituted attorney and other related questions, inter alia, require examination.

2. Leave to appeal is granted. Security Rs,5,000.

3. The appeal shall be prepared on the same record with direction to the parties to file all additional necessary documents.

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