Muhammad Hussain vs Dr. Zahoor Alam
This matter involves civil petitions directed against the judgment of the Lahore High Court arising from suits for specific performance of agreements of sale. The core legal question concerns the maintainability and conversion of civil petitions into direct appeals following the reversal of judgments by the High Court where the valuation of the subject-matter exceeds the prescribed threshold. The Supreme Court of Pakistan held that the petitions were filed within the period of limitation and allowed the petitioners time to make up the deficiency of the court-fee, directing the office to register the petitions as direct appeals thereafter. The key principle laid down is that where a direct appeal lies as a matter of right against a judgment of reversal exceeding the pecuniary limit, competent petitions filed within limitation may be converted into direct appeals subject to the fulfillment of procedural requirements such as the payment of proper court-fees.
- Does a direct appeal lie as a matter of right against a High Court judgment of reversal where the valuation of the subject-matter exceeds fifty thousand rupees?
- Can civil petitions filed within the period of limitation be converted into direct appeals upon making up the deficiency of court-fee?
ORDER
MUNIR A. SHEIKH, J.-- By this common order, we propose to dispose of Civil Petitions Nos. 3541-1 and 3542- L of 2001, involving common questions of facts and law.
2. These petitions are directed against the judgment dated 13.9.2001 of the Lahore High Court whereby two separate regular first appeals arising from two suits each for specific perforMANCE of agreement of sale have been accepted.
3. The valuation of the suit for the purpose of Court. Fee in each suit fixed in the plaint was Rs.1,07,000/-. The judgment of the High Court is of reversal and valuation of the subject-matter of the suit being more than Rs.50,000/- therefore, direct appeal lies against the judgment as a matter of right.
4. The petitioners filed these petitions on 10.2.2001 and limitation for filing direct appeal is 30 days therefore, prima facie these petitions when filed were within limitation.
5. The petitioners are hereby allowed time to make up deficiency of Court-fee within a week.
6. The office is, directed to register these petitions thereafter as direct appeals. On filing of the Court-fee stamp by the petitioners, CMAs Nos. 936-L and 938-1 of 2002 shall be fixed on the next day. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.