SAJJAD ALI vs MAHMUD HUSSAIN and 23 others
This matter arises from a petition for leave to appeal against the High Court's dismissal of a Regular Second Appeal, which had challenged the rejection of a plaint in a suit for possession due to a deficiency in court-fee. The core legal question concerns the validity of rejecting a plaint for insufficient court-fee in light of established precedent. The Supreme Court of Pakistan granted leave to appeal to examine the contentions raised by the petitioner and to consider the effect and application of the precedent established in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 SC 289). The Court held that leave should be granted to thoroughly review these legal questions regarding plaint rejection and court-fee deficiencies, directing the parties to prepare the appeal on the present record with essential documents.
- Whether a plaint can be rejected solely on account of a deficiency in court-fee?
- What is the effect of the judgment in Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 SC 289) on cases involving deficient court-fees?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought; against the dismissal by the High Court, of a Regular Second Appeal filed by the plaintiff/petitioner. It had arisen out of the rejection of the plaint in his suit for possession on account of deficiency in court-fee.
2. Learned counsel has relied on Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 SC 289) which supports him. Leave to appeal is accordingly granted to examine the pleas raised in this case as also the effect of said judgment in the case of Siddique Khan.
3. ' Security Rs,5,000.
4. ' The appeal shall be prepared on present record with direction to the parties to file all essential documents.