Law: Civil Procedure Code (V of 1908)

Section: 11 , 9 , 115

Civil Procedure Code (V of 1908)--- ---O. VII, R.11, O.IX, R.9, Ss.11 & 115---Rejection or dismissal of plaint /memorandum of appeal on account of being deficiently stamped-- Essentials---Plaint or memorandum of appeal, could not be rejected or dismissed on account of being deficiently stamped unless correct amount of court-fee payable on them was first determined with exactitude and an opportunity allowed to the party for paying the deficient court-fee---Lower Appellate Court dismissed memorandum of appeal without determining amount of court-fee and giving opportunity to party for paying deficient amount of court-fee---Case being fit for remand on such ground. Court declined to express its opinion on the question of res judicata and bar of O.IX R.9, C.P.C. against the fresh suit filed by petitioners---Such points raised b), respondents were left for adjudication by lower Appellate Court to which case was being remitted---Case was remanded for deciding of appeal afresh, after first determining the amount of court-fee payable on memorandum of appeal and allowing reasonable opportunity to petitioners to make up deficiency in court-fee within a time to be fixed by the Court. Mst. Parveen v. Jamsheda Begum and another P L D 1983 SC 227; Siddique Khan and 2 others v. Abdul Shakur Khan and another P L D 1984 SC 289; Bisheshardas and another v. Ram Prasad and another 28 Ali. 627; Madhura Gramani v. Thummala Sesha Reddy and others A I R 1926 Mad 1018; Kannikandath Kizhe Purakkal A I R 1935 Mad. 458; Mukha Singh and others v. Ram Chariter   Singh and others A I R 1956 Pat. 143 and M. Bazlur Rahman v. Syed Ali Pramanik and others P L D 1967 Dacca 809 ref. Civil Procedure Code (V of 1908)--- ----S. 115---Court-fee on revision---Petitioners were directed to pay required court-fee calculated on sum of rupees fifty thousand by or before specified date, in default whereof, remand would not take effect and revision would stand dismissed for non payment of court-fee. Javed Aslam Qureshi for Appellant. Muhammad Azhar for Respondent. Date of hearing: 22nd October, 1991. JUDGMENT This application under section 115 of Civil Procedure Code by the. plaintiffs arises out of a…