Law:

Section:

Civil Procedure Code (V of 1908) S. 149 read with Court Fees Act (VIII of 1870), S. 7(x) Under valu¬ation of court fee, effect of Principle of giving an opportunity for making good deficiency in court fee within time, fixed by Court¬ Applicable to a case of bona fide mistake or where for good reason proper court fee not paid Principle cannot be extended to a case of a party guilty of contumacy or positive mala fide Petition deliberately undervalued for purpose of court fee to evade payment of proper duty and explanation of court fee being paid at old rate hardly fitting in with this device Undervaluation, held, not inadvertent but deliberate Interference with order of High Court declined in circumstances. Mahmood Ahmad and other v. S. M. Ishfaq Ali, Claims Commissioner etc P L J 1974 Lah. 253 distinguished. Jagat Ram v. Misar Kharaiti Ram and another A I R 1938 Lah. 361 rel. ORDER MUHAMMAD HALEEM, J. This petition is directed against the judgment of the Lahore High Court dated 16th of October 1977 by which R. F. A. No. 52/72 BWP was dismissed. The petitioners, by two separate agreements dated 7th of June 1977, and 21st of November 1977, agreed to sell to the respondents 295 kanals and 7 marlas of land situate in village Pallu Shah, Tehsil and District Rahimyar Khan for a total consideration of Rs. 64,670. A dispute arose in regard to the execution of the second agreement and the payment of Rs. 29,900 as advance to the petitioners which led to the filing of the suit for the specific performance of the aforementioned agreements which was decreed by the trial Court on the 10th of November 1,976, and the petitioners were directed to deposit the balance amount of Rs. 34,607.81 by the 15th of December 1976. The petitioners, thereupon, filed a Regular First. Appeal in the Lahore High court and valued it, for the purpose of jurisdiction at Rs. 64,607 and for, the purpose of court fee at Rs. 18,860 on which they paid ad valorem court fee of Rs. 1,419. The appeal was admitted to regular hearing without any objection. However, the respondents took preliminary objection at the time of the hearing of the appeal to the deficient Court fee paid by the petitioner. It was urged…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492