Law: Civil Procedure Code (V of 1908)

Section: 100, 115, O.VII, r.11

.(a) Civil Procedure Code (V of 1908) Ss. 100, 115 & O. VII, r. 11-Holding court-fee deficient, trial Court determining proper fee but plaintiff failing to make up deficiency resulting in dismissed of suit-Appeal against such judgment and decree also filed on plaintiff-appellant's own valuation and deficiency not made good despite Appellate Court's order-Appeal dismissed in consequence-Contention that valuation and payment of court-fee being sub judice appellant not under obligation to pay court fee on appeal according to trial Court's valuation-Value of suit fixed by plaintiff, held not final and Court entitled to determine correct valuation-Appellant bound to pay court-fee on value determined by trial Court-Refund of excess fee, however, refundable should Appellate Court ultimately decide valuation to be excessive. Abdur Rehman v. Chiragh Din and others (1908) 19 P R 124 ref. (b) Civil Procedure Code (V of 1908) Ss. 100, 115 & O. VII, r. 11-Order not one passed on interim basis but a judgment and decree-Second appeal competent-Order not challengeable through civil revision-Civil revision not being convertable into appeal, revision dismissed as incompetent. Qazi Abdul Hayee for Respondent No. 2. Date of hearing: 27th January 1975.                                                                                                            JUDGMENT The impunged orders dated 14-10-1971 and 30-10-1971, passed by the learned Additional District Judge, Lahore, have been challenged through this civil revision. 2. The facts of the case are that the petitioner filed a suit for possession of the land in question and fixed its value for the purposes of court-fee and .jurisdiction at Rs. 18.12 and 54.37, respectively. Apart from the other objections raised by the respondents, an objection was also raised with regard to the valuation of the suit for purposes of court-fee and jurisdiction.…