Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 148 & O. VII, R. 11---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Deficiency in court-fee, making up of---Plaintiff who failed to make up deficiency in court-fee within time specified by Court filed application under S.148, C.P.C. for extension of time in payment of court-fee contending that he was not aware of time fixed by Court for making up the deficiency---Validity---Court could extend time for making up deficiency in court-fee under 5.148, C.P.C. but subject to condition that Court retained control over the action and had full power to make a necessary order therein---Court which had finally disposed of revision filed by plaintiff against order for making up, deficiency of court-fee, having no control over the lis, had become functus officio and would have no authority in law to extend time fixed by it in its order while finally disposing the revision---Plaintiff having failed to act with bona fides and due vigilance in pursuing matter to make up the deficiency of court-fee, application for extension .of time for making up deficiency of court-fee was rightly dismissed by Appellate Court---No illegality or infirmity having been found in order of Appellate Court which could be termed to be without lawful authority and without jurisdiction calling for interference in Constitutional jurisdiction of High' Court, Constitutional petition was dismissed. Siddique Khan and others v. Abdul Shakur Khan' and another PLD, 1984 SC 289; PLD 1966 SC' 983; 1987 CLC 1682 and 1991 MLD 2109 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 148---Constitution of Pakistan (1973); Art.199---Constitutional petition--- Extension of time to make up deficiency in court-fee--­Discretionary orders, which were perverse, arbitrary, fanciful and against settled norms of justice, could be interfered with by High Court in exercise of Constitutional jurisdiction---Order passed by Appellate Court dismissing application for extension of time for making up deficiency of court-fee, not suffering from any such vice, Constitutional petition, was not competent against such order. JUDGMENT The petitioner's application…

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