Law: Civil Procedure Code (V of 1908)

Section: 11

  Civil Procedure Code (V of 1908)--- ----O.VII, R.11(b)(c)---Rejection of plaint on ground of delayed payment of court-fee---Without a prior determination of amount of court-fee payable on a document and allowing a reasonable opportunity for its payment, neither plaint could be rejected nor appeal dismissed---Even after expiry of time fixed for payment of court-fee, Court was empowered to further extend time for payment of court-fee---Payment of court-fee being a fiscal matter between a suitor and State, it did not arm an adversary defendant with a weapon for striking his opponent out of Court, especially where there was neither negligence nor contumacy in matter of payment of court-fee on part of opponent/plaintiff. Ch. Inayat Ullah Cheema,for Petitioners. Mian Ghulam Hussain for S.M. Tayyab for Respondent. Date of hearing: 23rd December, 1992. JUDGMENT Civil Revision by the plaintiffs arose from a pre-emption suit. It was decreed by the trial Court, in favour of the plaintiffs, on 8-3-1980. Pre-emption price was fixed at Rs.17,500. It was required to be deposited before 3-5-1980, by the decree of the trial Court. 1n appeal, this decision was reversed, and, pre emption suit dismissed on 23-5-1981, by the learner- Additional District Judge, Sargodha on short score of delayed payment of court-fee on the plaint. Thereupon, a civil revision was preferred by the plaintiffs. It was admitted on 6-4-1982 to examine the effect of delayed payment of court-fee on the decision of the pre-emption suit in favour of the plaintiffs. Short facts for the decision of the Civil revision are: 11 Kanals, 10 Marlas of land at village Kot Kamboh. in Tehsil Shahpur of District, Sargodha was owned by Bakhsha   son of Channan Din. By a sale-deed. registered on 22-6-1977, Bakhsha sold his above land to Ghulam Muhammad for a sum of Rs.17,500. Sher Muhammad and Muhammad Nawaz, as real brothers of the vendor, and, co-owners of the land with him claimed pre-emotion in respect of the above sale Pre-emption suit was instituted by them on 1-6-1978. Para. 6 of the plaint assessed the value for purposes of court-fee and jurisdiction at Rs.1,100. Since the required amount of court-fee…