Law:

Section:

Court Fees Act (VII of 1870)--- ----S. 7(iv)(a)---Civil Procedure Code (V of 1908), Ss. 96 & 149---Appeal without affixation of court fee---Effect---Limitation---Making up deficiency of court-fee---Scope---Appellate Court dismissed appeal on the ground that same was preferred without affixation of requisite court-fee---Validity---Plaintiffs-appellants through their suit had claimed themselves to be the owners of suit property valuing at least Rs.2,000,000/- on the basis of alleged gift---Valuation of suit for the purpose of court-fee was to be affixed as per its market price---Plaintiffs at the time of institution of suit fixed market value of suit property for the purpose of court-fee as Rs.24000/- only---Plaintiffs on debriefing of Trial Court furnished maximum court-fee of Rs.15000/s after dismissal of suit preferred appeal without affixation of any court-fee---Appellate Court before dismissal of appeal was not bound to direct the appellants to affix requisite court-fee as they were aware as to what stamps of court-fee was to be furnisheds were not only negligent but their conduct was contumacious---No indulgence could be extended to the appellants to make good the court-fee and that too beyond the period of limitation---Appeal remained pending for more than two years and ten months but deficiency of court-fee was not made good despite the fact that Appellate Court required the same---Benefit of S.149, C.P.C. could not be extended for relaxation of limitation beyond the prescribed period---No legitimate explanation was provided as to why appellants failed to affix court-fee well within limitation of filing of appeal---Appellate Court had rightly non-suited the appellants through impugned order---Impugned order was neither perverse nor infirm---Revision being devoid of any merit was dismissed in limine. Mr. Safia Siddiq v. Haji Fazal-ur-Rehman and 2 others 2009 CLC 262 and Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919 rel. THIS ORDER PASSED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- Verily, Samreen Kausar, sister of present petitioners was owner of property measuring 01 Kanal 09 Marlas,…

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