Law: Civil Procedure Code (V of 1908)

Section: 100, 149, O. VII, r. 11

(a) Civil Procedure Code (V of 1908) . S. 100 read with S. 149 & O. VII, r. 11Second appealProvisions of O. VII, r. 11 not applicable to memorandum of appeal Memorandum of appeal insufficiently stamped and application for extension of time for payment of deficient courtfee not filed Held, such memorandum does not become memorandum of appeal. There can be no two opinions on the proposition that the provisions of Order VII, rule 11, C. P. C. do not apply to the memorandum of appeal. It is well established that if an insufficiently stamped memorandum of appeal is presented before a Court of Appeal, no proper appeal shall be deemed to have been filed. No doubt when an application under section 149, C. P. C. is made and the Court extends time for the payment of deficient courtfee the memorandum of appeal would be validated retrospectively from the crate on which it was filed in the Appellate Court, but, contrarily, if no application is filed under section 149, C. P. C. or if filed the Count refuses to extend time, the document, vie. insufficiently stamped memorandum of appeal does not become a memorandum of appeal and is just a piece of paper. Ramzan and others v. Allah Diwaya and another P L D 1953 D J 45 ref: (b) Civil Procedure Code (V of 1908) S. 100 read with S. 149Second appealMemorandum of appeal insufficiently stamped consequently no proper appeal filedAppellant not making an application for extension of timeOral request made at stage of hearingHeld, does not merit consideration. [Courtfee]. Date of hearing : 2ndJune 1979.                                                                                                                                        JUDGMENT By this judgment I dispose of R. S. As. Nos. 865 and 866, both of 1976, since common questions of law and fact are involved therein and the trial Court also…