Law: Court Fees (Amendment) Act, 1990

Section: 7, clause (i)

FAZAL ELAHI KHAN, C.J.--This writ petition by Muhammad Akbar Khan, the plaintiff, is directed against the judgment and order of Additional District Judge-II, Swabi dated 10-6-1989, whereby his appeal against the judgment and order of Civil Judge, Swabi dated 10-1-1988, returning the plaint for failure to affix court-fee thereon, was dismissed. The orders of both the Courts are challenged to be illegal, without lawful authority and of no legal effect.

2. Facts of the case which have emerged from the contents of the petition briefly stated are that respondent No.l had charged the plaintiff-petitioner for the abduction of her daughter and a report in this respect was lodged in Police Post Jehangira, on 13 -10-1981, however; he was honourably acquitted and the charge brought against him under section 11/19(3) of the Zina Ordinance, 1979, was found baseless. The present suit was, therefore, brought for recovery of rupees twenty-five thousand as compensation for false prosecution, defamation and mental torture.