Law: Civil Procedure Code (V of 1908)

Section: S. 149

Civil Procedure Code (V of 1908), S. 149-Opportunity to make up deficiency of court-fee-To be allowed where deficiency was due to "bona fide" mistake of counsel and was not "deliberate" or "contumacious"-High Court will Interfere where lower Courts have not used discretion in "proper manner" or "in accordance with correct principles."   A bona fide mistake in the matter of valuation should be condoned. The High Court will Interfere where the lower Courts have not exercised their discretion in a proper manner or In accordance with correct principles.   Jagat Ram v. Misar Kharaiti Ram and another A I R 1938 Lah. 361 rel.   Dalla Singh and others v. Umrao Singh and others 130 P L R Vol. XIV p. 463 ; Shahadat and others v. Hukam Singh A I R 1924 Lah. 401; Mst. Noor Jana and others v. Mst. Chana w/f Sher Ali Khan and others A I R 1943 Pesh. 43 ; Saeed Ahmad and others v. Karam Singh and others P L D 1949 Lah. 380 ; Ghulam Sarwar Khan v. Government, N: W. F. P. and another P L D 1955 Pesh. 81 ; Sultan Muhammad v. Muhammad Yusuf and others P L D 1959 Pesh. 120 and Raghunandan Sahay and others v. Ram Sunder Prasad A I R 1925 Pat. 299 distinguished.  JUDGMENT   ANWARUL HAQ, J.---This further appeal by the defendants arises out of a suit for declaration that the plaintiffs had become owners of 319 kanals and 11 marlas of land situated In the area of village Dheri Zardad Khan, on account of adverse possession for more than twelve years. A prayer was also made for a permanent injunction restraining the defendants from interfering with the plaintiff's' possession. For purposes of jurisdiction the suit was valued at Rs. 4,090-5-0, whereas for the purpose of Court-fee the value was fixed at Rs. 10 and a Court-fee of Rs. 10 was paid. An objection was raised on behalf of the defendants that although the plaintiffs had sought the consequential relief of permanent injunction, they had not paid any Court-fee on It. This objection was incorporated in Issue No. I by the trial Court, and the discussion of this issue in paragraph 6 of the judgment of the trial Court shows that the position was not…