Law: Civil Procedure Code (V of 1908)

Section: 149

(a) Civil Procedure Code (V of 1908)--- ----S. 149---Power to make up deficiency of court-fees---Scope---Plaintiff specifically fixed ten million rupees as value of his suit for the purpose of court fee and jurisdiction, who per demand of law levied its maximum quantum as well---Such fact throughout was never disputed, thus remained unchanged---Petitioner/Defendant, who was obliged to file the appeal while levying court fee of Rs.15,000/- (as did upon the plaint) preferred the same without its affixation and even did not provide when during pendency thereof Additional District Judge (seized of the appeal) vide interim order specifically reminded him in that behalf, but no heed was paid---Appellate Court while accepting appeal once again required the petitioner to provide court fee within next thirty days, which was the last chance (otherwise his appeal would deem to be dismissed), but said condition was not fulfilled, whereas the petitioner acted recklessly and contumaciously---Via petition so made for enlargement of time, it was not the stance of the petitioner that said condition was not in his knowledge, whereas grounds given therein were neither sufficient nor supported by any material to grant the prayer---Petitioner had acted recklessly and being contumacious was liable to be knocked out because his negligent attitude accrued vested right to his contestant---Revision petition was dismissed. Muhammad Tariq and others v. Amjad Ali and others PLD 2018 Lah. 502 rel. Tarachand Mondal and others v. Hazari Shaikh and another PLD 1967 Dacca 203; Mst. Walayat Khatun v. Khalil Khan and another PLD 1979 SC 821; Muhammad and others v. Allah Ditta PLD 1981 Lah. 293; Mst. Samera Butt v. Husnain Ahmad Nasir and 3 others 2009 MLD 942; Hafiz Muhammad Mubeen through Legal heirs v. Government of Sindh through Deputy Commissioner, Sukkur and 5 others 2014 MLD 419; Haji Raja Muhammad Akram and others v. Riaz Ahmad and others 2015 MLD 477 and Habib Akbar v. Pir Azam Syed 2017 YLR 26 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 149 96---Power to make up deficiency of court-fees---Scope---An appeal is deemed to be filed only on the day, when the deficiency in…

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