Law:

Section:

Civil Procedure Code (V of 1908)-------S. 148---Specific Relief Act (I of 1877), S. 8---Suit for possession of immovable property---Appeal---Non-payment of court-fee---Enlargement of time---Scope---Conduct of party---Effect---Appeal was dismissed for non-payment of court-fee on the date specified by the Appellate Court---Contention of appellants was that direction was not communicated to them for payment of court-fee---Validity---Impugned decree was for Rs. 6,50,000 and same was in the knowledge of appellants---Appellants were required to affix court-fee of Rs. 15,000 with the memo of appeal---Appellants were bound to know about the orders of court in their absence---Contumaciousness and mala fide was on record on the part of appellants as they neither supplied court-fee on the date given nor they appeared even to request for extension of time---Appellants had flouted the direction of Appellate Court to pay court-fee despite giving opportunity to them---No material irregularity or illegality was committed by the Appellate Court while exercising jurisdiction and dismissal of appeal was justified---Revision was dismissed in circumstances. Provincial Government through Additional Chief Secretary (Development) Government of Balochistan, Quetta and another v. Abdullah Jan and others 2009 SCMR 1378 and Mst. Jindo Mai v. Muhammad Bakhsh 2010 SCMR 48 ref. Provincial Government through Additional Chief Secretary (Development) Government of Balochistan, Quetta and another v. Abdullah Jan and others 2009 SCMR 1378 and Mst. Jindo Mai v. Muhammad Bakhsh 2010 SCMR 48 distinguished. Riffat Iqbal v. Mst. Fatima Bibi 2007 SCMR 494 and Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 rel. ORDER SHAHID JAMIL KHAN, J.---This petition is against order dated 12-7-2011 passed by Addl. District Judge, Rawalpindi whereby petitioner's appeal was dismissed for non-payment of court-fee on the date specified by appellate Court. 2. Facts briefly are that a suit for possession of plots or in alternative cost of land; Rs.5,00,000 along with damages Rs.1,50,000 was filed by the respondents which was decreed on 18-5-2010. On appeal, against the decree, the petitioners were directed to make up…

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