Law: Court Fees Act (VII of 1870)

Section: 9, 10, 12

Law: Civil Procedure Code (V of 1908)

Section: 0. XX, r. 3

(a) Court Fees Act (VII of 1870) Ss. 9 & 10-Deficiency in court-fee-Investigation-Contention that Court under S. 1.0 must first order investigation to be made for determining net profits or market value and could order payment of additional court-fee only after such investigation-Held: Not correct-Words "such investigation" in first line of S. 10.--Make reference to investigation ordered to be held under S. 9 and investi gation could be ordered only under such section-Provision of S. 10 consequently not attracted at all where no investigation ordered under S. 9.-jCourt-fee-Interpretation of statutes]. Bahadur Shah v. Sharf Major and others P L D 1967 Lab. 154 distinguished. (b) Court Fees Act (VII of 1870)  S. 9-Deficiency in court-fey-Investigation-Use of word "may" in S. 9-Makes it not incumbent upon Court to order investigation for ascertaining net profits or market value in all case--Such investi gation may not be required in contain cases, eq. when enough material like Goshwara Paidawar already available on file.-[Interpretation of statutes]. (c) ChU Procedure Code (V of 1908)     0. XX, r. 3-Trial Judge while dictating judgment in presence of counsel for parties informed by defendant's counsel that plaintiff had not till then made up deficiency in court-fee and on such information changing his decision and dismissing suit-Judgment having not been finished or signed Trial Judge, held, could alter decision at any time before judgment signed.-[Judgment]. Bashir Begum v. Abdul Rehman P L D 1963 Lah. 408 distinguished. (d) Court Fees Act (VII of 1870) S. 12-Deficiency in court-fee--Allowing of time to make up--Trial Court granting extensions of time to plaintiff but plaintiff negligent and contumacious in not bothering to make up deficiency-Petitioner never making any application requesting for extension of time for such purpose-Trial Court, in circumstances, held, justified in dismiss ing petitioner's suit: [Court-fee]. Ram Ratan v. Raj Ram etc. (1923) 34 P L R 269 and Mst. Walayat Rhatoon v. Khalil Khan P L D 1979 S C 821 ref. Date of hearing : 14th April, 1981.            …