Law: Civil Procedure Code (V of 1908)

Section: 96

Civil Procedure Code (V of 1908)--- ----S. 96---Appeal---Maintainability---Requisite court-fee having not been affixed on memorandum of appeal, Appellate Court below directed appellant to affix proper court-fee on or before specified date, but appellant failed to do so-- Appellant even remained negligent despite suo motu extension of time for affixing proper court-fee on memorandum of appeal---Such act of appellant could be termed as contumacious and careless in his duty in affixing proper court-fee---Court below was right in dismissing  appeal  of  appellant  in  circumstances. ---[Court-fee]. Mst. Walayat Khatun v. Khalil Khan and another PLD 1979 SC 821; Government of N.-W.F.P. and others v. Gul Hayat and others 1989 CLC 2080; PLD 1981 Lah. 293; PLD 1972 Kar. 103 and 1996 SCMR 727 ref. Kh. Azhar Rashid, A.A. -G. for Petitioner ORDER The Government of N.-W.F.P. in the C&W Department has, in this revision petition, questioned the legality and propriety of the judgment and decree dated 3-12-1997 passed by the learned Additional District Judge, Peshawar, and has prayed for setting aside the same and dismissing the suit of the plaintiff/respondent with costs throughout.   Briefly stated, the facts of the case, are that Sherdil Khan, plaintiff/respondent, instituted on 27-7-1994 suit for recovery of Rs.4,27,335 from the defendant (Government of N.-W.F.P. C&W Department, Peshawar) on the grounds that he was appointed as Head Draftsman in the C&W Department where he was promoted from time to time and finally he was working as S.D.O. when on 16-11-1990 he suffered a heart attack; that resultantly the plaintiff was rushed to Hayat Shaheed Teaching Hospital where he was treated in C.I.U. by Dr. Ali Asghar Qazilbash till 30-12-1990 and was then advised further treatment abroad; that on the applications of the plaintiff, the defendant-department referred the matter to the Special Medical Board for plaintiff's treatment abroad; that on the advice of Special Medical Board, the plaintiff also consulted the National Institute of Cardiovascular Diseases, Karachi and Islamabad, where both the Units gave their verdict that the…