Law:

Section:

(a) Civil Procedure Code (V of 1908) 0. VII. r. I1 read with. S. 149 Court fee, deficiency in Plaint, rejection of Party, particularly plaintiff in pre emption suit, acting negligently and contumaciously, putting in obstinate resistance to authority and non payment of deficient court fee not due to any bona fide mistake No indulgence can be shown in favour of such party by extending time under S. 149. [Court fee Pre emption]. If a party, particularly plaintiff in a pre emption suit, acts negligently and his conduct is contumacious having put in obstinate resistance to the authority, and the payment of deficient court fee is not due to any bona fide mistake, then no indulgence can be shown in his favour in extend ing time under section 149. Faiz M. Khan v. Maulddad Khan and others A I R 1929 P C 14 7; Saeed Ahmad and others v. Karam Singh P L D 1949 Lah. 380 ; Karim Bakhsh v. Qadir Bakhsh P L D 1954 Lah. 228 ; Shad Muhammad Khan v. Abdullah Jan and others P L D 1962 Pesh. 142 ; Muhammad Shaft v. Firm Haji Fazal llahi Noor Ilahi P L D 1964 Pesh. 182 and Abdul Hakim and others v. Asabud Din P L D 1970 Dacca 532 ref. (b) Civil Procedure Code (V of 1908) O. VII, r. I1 read with S. 149 Court fee, deficiency in Plaint, rejection of Plaintiff not making up deficiency as ordered by Court, time extended but still deficiency not made good, deficiency, however, made good several months afterwards Deficiency though made good and stamps placed on record entertained by Court yet such did not tantamount to condoning of delay in making up deficiency in circum stances of case. [Court fee]. (c) Civil Procedure Code (V of 1908) O. VII, r. 11 read with S. 149 Court fee, deficiency in Plaint, rejection of Plaintiffs failing to explain why full court fee stamps not filed within time and that fard khalis munafa could not be avail able to them within such period Plaintiffs on other hand having knowledge of sale of land from very beginning and taking no step for one year to get fard khalis munafa prepared in order to be able to pay full court fee at time of institution of suit Trial Court, held, rightly refused to extend time for making good deficiency in court fee Punjab Pre emption…

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