Law: Review, Appeal and Revision Order, 1957

Section: Cl.7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Review, Appeal and Revision Order, 1957- .-- CI. 7 read with cl. 5-Revision fee-Liability to pay revision fee-To be ascertained by petitioner on basis of his own claim to import licence and neither dependent upon value already determined by Controller of Imports and Exports nor on determination of entitlement to import licence in revision-Failure of petitioner to deposit revision fee without denying his liability to pay such fee--Held, petition cannot be considered to have been duly instituted as required by law and petitioner not entitled to any hearing as of right under Cl. 5.-[Revision (civil)]. (b) Constitution of Pakistan (1973) - Art. 199 read with Review, Appeal and Revision Order, 1957, Cl. 7-Petitioner failing to set up a claim before Controller of Imports and Exports that his claim in revision was confined to determination of average annual import entitlement only-Held, such plea cannot be permitted to be set up for first time in writ proceedings. (c) Appeal (civil)- -- Revision-Appeal or revision presented without requisite fee- Cannot be regarded as valid-Appeal or revision fee paid after expiry of statutory period of limitation-Such appeal or revision can be dismissed as barred by limitation.-[Revision (civil)-Limitation]. It is well-settled rule of law that where the law requires the fee to accompany the appeal or revision an appeal or revision presented without the requisite fee would not be regarded as valid appeal or revision and even where appeal or. revision fee is paid after the statutory period of limitation has expired the appeal or revision may be dismissed as barred by limitation. Lala Ganesh Parshad A I R 1;942 Pat. 251 and Haji Mahboob Bus Ehsan Elahi v. C. I. T. 18 1 T R 72 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD AMIN BUTT, JUSTICE--.-- The petitioner in this case is aggrieved by the orders dated 3-12-1977, 25-1-1978, 6-3-1978 and 10-6-1978 passed by the respondent on the revision petition presented by the petitioner against orders dated 16-10-1977 passed by the Controller of Imports and Exports, Lahore. The combined effect of the impugned orders is that the revision petition dated 24-10-1977 has been dismissed inter aria for…

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