Law: Civil Procedure Code (V of 1908)

Section: 149,27

  Civil Procedure Code (V of 1908), S. 149-Time allowed for making up deficiency of court-fee-Order granting time stating number of days allowed as well as a date-Discrepancy between such number and date-Computation of time.   Civil Procedure Code (V of 1908), S. 149-Extension of time for making up deficiency of court fee-(Pre-emption case) Provisions of S. 149 to be strictly construed - Time granted "indulgently" on repeated occasions not a judicial exercise of discretion.   Extension of time under section 149, Civil Procedure Code for making up deficiency in court-fee may be granted to a plaintiff for a good cause shown; it is not to be done as a matter of course to cover negligent conduct and wilful default. In parti cular in cases brought for the exercise of pre-emption rights, which have been judicially recognised as infringing on the freedom of contract and security of title by way of a predatory inroad, the provisions of section 149, Civil Procedure Code have to be very strictly construed.   The right of pre-emption is an artificial right and it should not be protected from defeat on technical or legal defects, specially where such defect is the result of the pre-emptor's own negligence and where there is a lack of diligence on his part to cure it.   Saeed Ahmad v. Karam Singh P L D 1949 Lah. 380 rel.   Where time was being given to the plaintiff again and again or rather indulgently by the trial Court, without giving any reasons and without ascertaining whether there was a cogent cause for grant of time.   Held, this amounted to putting a premium on plaintiff's negligence-an attitude wholly outside the purview of the discretion exercisable under section 149 of the Civil Procedure Code.   The plaintiff had been applying in instalments, for copies of revenue records, viz. Khasra girdawari, Jhar bandobast and nirkhnama, needed for calculating amount on which court-fee was leviable in his pre-emption suit, such fee being admittedly payable in his case on 15 times the net profits of the year preceding sale. There was no satisfactory explanation of the delay in procuring such copies.   On a review…