Law: Court Fee Act, 1870

Section: 3

Court Fees Act (VII of 1870)--- ----S.3---Alternate relief for specified damages claimed by plaintiff in his suit against defendant---Plaintiff having prayed for alternate decree for specified amount as damages, his application to allow him to pay additional court-fee was allowed and he was allowed to pay additional court-fee in view of his alternate prayer and to amend his plaint in terms thereof. Province of West Pakistan v. Abdul Ghani Ghumman 19.68 SCMR 321 and Haji Gul and another v. Mst. Aisha PLD 1973 Kar. 653 rel. Farogh Nasim for Plaintiff. Agha Faqir Muhammad for Defendant (absent), ORDER On 1-9-1996 Mr. Agha Faqir Muhammad had waived notice of his application to whom copies were also supplied but despite that he has failed to file any counter-affidavit till this date. 2., Through this application, the plaintiff his prayed that he may be allowed to pay further court-fee on the ground, inter alia, that in para. 35(b) of his plaint he has prayed for an alternate relief i.e. damages for rupees 90,00,000 (rupees ninety lacs) against the defendants and, secondly, that the present market price of suit property has enhanced and now it.exceeds above Rs.5 lacs.   I have heard Mr. Farogh Nasim, Advocate who has referred to the case of Province of West…