Law: Punjab Pre-emption Act (I of 1913)

Section: 15 , 149

  Punjab Pre-emption Act (I of 1913)--- ----S. 15---Civil Procedure Code (V of 1908), S. 149---Determination of quantum of court-fees payable on plaint, in a suit for pre-emption ---Duty of Court---Trial Court must determine the precise amount of court-fee payable on plaint in a suit for pre-emption and allow opportunity to defaulting party to make good discovered deficiency by a time specified for the purpose and in default take recourse to punitive provision of law in that behalf Determination of quantum of court-fee payable on a document could not be entrusted by the Court to a litigant party---Determination of quantum of Court fee being a necessary part of adjudicatory process, must be performed by the Court itself and such function could not be abdicated in favour of a litigant-- Where Trial Court had merely called upon plaintiff to pay the court-fee and it did not disclose its mind on the amount of court-fee payable by plaintiff, such direction was defective and not warranted by law---Whenever Court felt that assessment of suit for purposes of court-fee was incorrect, it was bound to determine it judicially for a mandate to plaintiff for meeting the discovered deficiency by a specified date---Without proper determination of quantum of Court-fee and time for its payment, no litigant could be penalized. Civil Procedure Code (V of 1908)--- ----Ss. 149 & 151---Extension of time for payment of court-fee---Trial Court without determining quantum of court-fee directing plaintiff to make up deficiency by specified date---Plaintiff on specified date submitting application for extension of time and depositing maximum amount of court-fee (Rs.15,000) in Court---Trial Court dismissing application for extension of time but observing that plaintiff having deposited the maximum amount of court-fee, such fact would be taken into consideration at the time of final arguments-- Validity---Mandatory for Court to grant time to plaintiff to supply the deficient court-fee .after it is determined by the Court---Contumacious disregard of Court's order after such determination of court-fee and extension of time allowed by Court, would attract penal provisions as to…