Law: Court-fees Act (VII of 1870)

Section: 8

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(a) Court Fees Act (VII of 1870) S. 8-Appeal against ex parte ejectment order-Court-fee-Memo randum of appeal filed before first appellate Court showing appeal having been directed against ex parte decree-Appellant, held, bound to value his appeal as appeal against a decree and pay court-fee accord ingly.-[Appeal (civil)]. (b) Court Fees Act (VII of 1870)  S. 8 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Appeal against ex parte ejectment order-Deficiency in court-fee-Appellant's counsel offering, during course of arguments before first appellate Court to pay additional court-fee-Request coming too late and appeal meanwhile to make up deficiency becoming time-barred-Appellate Court, held, perfectly justified in dismissing appeal on ground of non-payment of requisite court-fee.-[Appeal (civil)]. Date of hearing : 24th June 1976. ,                                                                                                                                JUDGMENT The facts giving rise to this second appeal are that an application was filed by the respondent, Muhammad Ashraf against the appellant, Khadim Hussain Agha, for his ejectment from a house. The appellant did not appear before the Rent Controller, who was seized of the application despite service and, therefore, after recording the respondant's evidence the learned Rent Controller passed an order of ejectment against the appellant. The appellant made an application for setting aside the ex parse order of ejectment but without success. He, therefore, filed an appeal before an Additional District Judge, which was dismissed on the grounds that it was not competent, that proper court-fee had not been paid thereon and that the certified copy of the order of the Rent Controller had no, been appended to the appeal. 2. Feeling aggrieved by the order of…